Clayton v. Republic Airlines, Inc.

716 F.2d 729 114 L.R.R.M. (BNA) 2997 , 98 Lab.Cas. P 10,461 E.G. CLAYTON, James E. Barott, Don Kocina, James C. Smith, Paul Shoaff and W.L. Hicks, Plaintiffs/Appellants, v. REPUBLIC AIRLINES, INC. and Air Line Employees Association, International, Defendants/Appellees. No. 82-3395. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1983. Decided Sept. 23, 1983. Jon Howard Rosen, Frank & Rosen, Seattle, Wash., for plaintiffs/appellants. Lawrence Schwerin, Hafer, Cassidy & Price, Seattle, Wash., for defendants/appellees. Appeal from the United States District Court for the Western District of Washington. Before SKOPIL, PREGERSON and FERGUSON, Circuit Judges. FERGUSON, Circuit Judge: 1 Former employees of Hughes Air West appeal a district court order dismissing their claim of breach of a duty of fair representation. The court dismissed on the basis that exclusive jurisdiction over this matter lies with the Civil Aeronautics Board. 2 We reverse. FACTS: 3 Defendant Republic Airlines acquired Hughes Air West effective October 1, 1980. For the purposes of the instant suit, this acquisition is indistinguishable from a merger. In order to effect the merger,…