Marlene Herrera v. Command Security Corp.

INTRODUCTION

This ease arises from a dispute between a union and an employer who wished to remove the union as its employees’ desig nated representative. The employer is Command Security Corporation d/b/a Aviation Safeguards (“Aviation Safeguards”). The union is the United Service Workers West of the Service Employees International Union (“the Union”). The Union sued Aviation Safeguards for violations of the Railway Labor Act (“RLA”), 45 U.S.C. §§ 151-165 . Aviation Safeguards moved for summary judgment, and the Union filed a cross-motion for summary judgment. The District Court granted Aviation Safeguards’s motion for summary judgment and denied the ■ Union’s cross-motion for summary judgment.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the grant of summary judgment in favor of Aviation Safeguards..

We hold that equitable tolling principles apply to the Union’s unlawful interference and coercion claim under the RLA, 45 U.S.C. § 152 , Third and Fourth. We remand and direct the District Court to grant summary judgment in favor of the Union on its claim for unlawful interference and coercion under the RLA, 45 U.S.C. § 152 , Third and Fourth.

We also…