Ibtcwha, Local Union No. 2707 v. Western Air Lines, Inc., Air Transport Employees v. Western Air Lines, Inc.

Plaintiffs-Appellants are the International Brotherhood of Teamsters (IBT) and Air Transport Employees (ATE), two unions which represent employees of Western Air Lines. They filed these actions, which we have consolidated on appeal, to require Western to arbitrate the unions' claims that Western’s agreement to merge with Delta Air Lines violates collective bargaining agreements between Western and the unions.

The district court dismissed the actions because it viewed the disputes as representational disputes within the exclusive jurisdiction of the National Mediation Board (NMB or Board). See 45 U.S.C. § 152 . The unions, on the other hand, characterize the disputes as concerning the proper interpretation of terms of collective bargaining agreements, including specifically bargained for provisions on mergers, and thus arbitrable as minor disputes under the Railway Labor Act (RLA). See 45 U.S.C. § 184 . The unions point out that the Board lacks authority to enforce contracts, see Chicago & N.W. Ry. v. United Transportation Union, 402 U.S. 570 , 91 S.Ct. 1731 , 29 L.Ed.2d 187 (1971).

We granted both unions’ requests for injunctive relief pending appeal and ordered arbitration to…