Gregory C. Duncan v. Southwest Airlines Steve Fleming Robert Slattery

Duncan claims to have been discharged by Southwest Airlines for engaging in pro-union activities in violation of Railway Labor Act (RLA), 45 U.S.C. §§ 152 (Fourth) and 184 (1982).

The district court granted summary judgment in favor of Southwest Airlines and Slattery on the ground that Duncan’s claim was time-barred by the Supreme Court’s decision in Del Costello v. Int’l Bhd. of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983), as applied to RLA actions by our decision in International Ass’n of Machinists v. Aloha Airlines, Inc., 790 F.2d 727 (9th Cir.), cert. denied, — U.S. -, 107 S.Ct. 400 , 93 L.Ed.2d 354 (1986).

We have jurisdiction and we reverse.

I

Duncan was employed as a ramp agent by Southwest Airlines in 1982. At some point during the next 2 years, Duncan became a “steward” for the IAM (International Association of Machinists). In October, 1984, the union dissolved. Duncan claims that he was “told ... several times” after this date that he would be “fired” since he was no longer represented by a union.

In February, 1985, Duncan was discharged. Southwest Airlines claims that Duncan was consuming an alcoholic beverage while in uniform. Duncan denies…