The Regional Airline Pilots Association James Bishop v. Wings West Airlines, Inc., Dba American Eagle

The central issue in this case is whether the airline's unilateral change in working conditions, immediately after the union’s certification as representative of the airline’s employees but before the collective bargaining process had begun, was a violation of section 2, First through Fourth of the Railway Labor Act (“RLA”), 45 U.S.C. § 152 , First through Fourth (1982). The change in working conditions involved a change in travel pass privileges. The district court held that because this was a “minor dispute” to which the arbitration provisions of the RLA applied, it lacked jurisdiction to consider the matter. We hold that there is federal court jurisdiction to consider the application of section 2, First through Fourth, but affirm on the basis that the complaint fails to state a claim for relief.

I. Facts

Wings West is an airline carrier within the meaning of section 1, First of the RLA, 45 U.S.C. § 151 , First. Regional Airline Pilots Association (“RAPA”) is a labor union, certified on September 13, 1988 by the National Mediation Board as the representative of the Wings West pilots.

RAPA and one of its members, pilot James Bishop, alleged in the First Amended Complaint that…