John Dean v. Trans World Airlines, Inc., and Air Line Pilots Association, International

Appellants Trans World Airlines, Inc. (“TWA”) and Air Line Pilots Association, International (“ALPA” or “the union”) appeal the district court’s grant of summary judgment in favor of appellee John Dean. We reverse.

FACTS

Dean, a pilot employed by TWA, was required by an agency shop agreement between TWA and ALP A to pay an agency fee to ALP A. He protested the charge, which he characterized as an “unconstitutional tax,” in numerous letters to ALPA during 1976 and 1977. He accused the union, among other things, of using his fees for political expenditures in violation of the Supreme Court’s holding in International Association of Machinists v. Street, 367 U.S. 740 , 81 S.Ct. 1784 , 6 L.Ed.2d 1141 (1961). Unsatisfied with ALPA’s response that his dues were not used for any political or ideological cause, Dean decided unilaterally to reduce his monthly payment to the union. He was sent several delinquency notices, including an itemized bill of all amounts owed. Finally, at ALPA’s request and pursuant to the agency shop agreement, TWA discharged Dean.

Dean sued for breach of contract and breach of the duty of fair representation. The district court granted his motion for partial…