Ronald Burkevich, Gary R. Gale, B. David Gates Iii, Karl Maerzluft, and Glenn Kroshus v. Air Line Pilots Association, International

Ronald Burkevieh, Gary R. Gale, B. David Gates III, Karl Maerzluft, and Glenn Kroshus, a group of pilots (“individual pilots”) employed by Wien Air Alaska, Inc. (“Wien”) sued their union, the Air Line Pilots Association, International (“ALPA”) for breach of the duty of fair representation. The individual pilots asked the district court to certify them as class representatives. The court denied the request. After substantial discovery, ALPA moved for summary judgment on the individual pilots’ claims for breach of the duty of fair representation. The district court granted ALPA’s motion as to all claims. In addition, the district court decided that the statute of limitations barred one claim. This timely appeal followed. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

On November 2, 1984, Wien, as part of its plan to reorganize the airline, announced its intention to furlough pilots and temporarily shut down the airline without complying with provisions of the Railway Labor Act, 45 U.S.C. §§ 151-188 , requiring it to negotiate with the union before changing working conditions. On November 23, 1984, ALPA obtained a preliminary injunction in district court…