Association of Flight Attendants, Afl-Cio v. Horizon Air Industries, Inc.

On August 7, 1987, following a difficult organizing campaign, the National Mediation Board certified the Association of Flight Attendants, AFL-CIO as the representative of the flight attendants of Horizon Air Industries, Inc. After more than a year of sporadic negotiations over an initial contract, the union requested the intervention of the National Mediation Board in November 1988. Negotiations remained largely unproductive, and on April 28, 1989 the union filed suit against Horizon under the Railway Labor Act (RLA), alleging Horizon had violated its duty under 45 U.S.C. § 152 First to “exert every reasonable effort” to reach agreement with the union.

After a four-day bench trial, the district court ruled in favor of the union and ordered Horizon to “cease and desist from engaging in any conduct that is designed to forestall an agreement.” The court also awarded the union $250,713.50 in attorney’s fees and $23,767.38 in costs, Horizon appeals each of these rulings.

We affirm the district court’s ruling that Horizon violated § 152 First and affirm a portion of the award of costs. We reverse the remaining portion of the cost award and reverse the award of attorney’s…