McNamara-Blad

McNamara-Blad v. Association of Professional Flight Attendants

Good Law
275 F.3d 1165·2002 WL 27613
United States Court of Appeals for the Ninth CircuitJanuary 11, 2002No. 00-15846California2,844 words

Opinion

Lead Opinion

Beezer, J.

This case involves a claim for breach of the duty of fair representation made under the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq. Appellants, former flight attendants of Reno Airlines (“Reno”), argue that the union representing American Airlines (“American”) flight attendants had the duty to fairly represent the Reno flight attendants before the operational merger between the two airlines was complete. The district court dismissed for failure to *1169 state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

In late 1998, American purchased 80% of Reno’s outstanding shares and announced it would merge the operations of the two airlines. The Association of Professional Flight Attendants (“APFA”) represented the American flight attendants; the International Brotherhood of Teamsters (“Teamsters”) represented the Reno flight attendants. Soon after the share purchase, the APFA began negotiations with American to determine where the Reno flight attendants would be placed on the combined seniority list after the operational merger. Sometime before August 31, 1999, American agreed to place all Reno flight attendants at the bottom of the combined…

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