Flight Engineers International Ass'n v. Continental Air Lines, Inc.

Good Law
297 F.2d 397·49 L.R.R.M. (BNA) 2951
United States Court of Appeals for the Ninth CircuitOctober 23, 1961No. 17071California3,163 words

Opinion

Lead Opinion

Hamley, J.

In this action Flight Engineers International Association, AFL-CIO, CAL Chapter, (CAL Chapter) sought a declaratory judgment and injunctive relief against Continental Air Lines, Inc., (Continental) and The Air Line Pilots Association, International, AFL-CIO, (AU-PA). 1 The action arose under the Railway Labor Act, 45 U.S.CA. § 151 et seq., and the district court had jurisdiction under 28 U.S.C.A. §§ 1331 , 1337.

Plaintiff sought a judgment declaring that a contract entered into between Continental and ALPA on May 29, 1959, is void and unenforceable to the extent that it purports to apply to rates of pay, rules or working conditions of persons performing the duties of flight engineers, however described. It sought a preliminary and permanent injunction enjoining defendants from giving effect to the May 29, 1959 contract, or any renewal, modification or extension thereof, or any similar agreement, so as to affect the rates of pay, rules, working conditions, job assignments, seniority or other con *399 ditions of employment of persons performing the flight engineering function employed or to be employed by Continental.

The suit was filed on June 1, 1960. On the following day…

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