International Association of MacHinists and Aerospace Workers v. Republic Airlines

The International Association of Machinists (IAM) appeals the dismissal with prejudice of their amended complaint seeking to compel Republic Airlines (Republic) to arbitrate a labor dispute arising under the provisions of the Railway Labor Act. The IAM also appeals the order of the district court conditioning the filing of an amended complaint on the payment of attorney’s fees to Republic.

The underlying action was filed in the district court on September 12, 1979 by the Aircraft Mechanics Fraternal Association (AMFA) against Hughes Air Corporation (Airwest). The complaint alleged that Air-west violated the collective bargaining agreement between the parties when it furloughed the AMFA-represented employees as a result of a strike initiated by the Airline Employees Association (ALEA) against Airwest. In its complaint for in-junctive relief, the AMFA sought the immediate reinstatement of its represented employees in order to maintain the status quo and sought to prevent Airwest from engaging in any subsequent lockouts pending exhaustion of the grievance and arbitration procedures provided for in the collective bargaining agreement. Airwest, in its answer to the AMFA’s complaint,…