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

The issue presented on appeal is whether the district court properly dismissed Appellant Association of Flight Attendants’ (AFA) complaint seeking declaratory and injunctive relief under the Railway Labor Act (RLA), 45 U.S.C. § 152 , Fourth. The district court dismissed AFA’s complaint for lack of subject matter jurisdiction, concluding that the dispute was within the scope of a collective bargaining agreement (CBA) and, therefore, subject to arbitration. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Matthew Mann, a flight attendant for Horizon Air Industries, Inc. (Horizon), was ordered by a Horizon supervisor to remove an AFA union pin from his uniform on the second day of his three day work assignment. When Mann refused, Horizon suspended him for the remainder of his work assignment without pay. Mann was AFA’s Local Council 17 President at the time.

In response to the discipline, AFA filed two grievances with the System Board of Adjustment (Board) pursuant to Article 22 of the AFA-Horizon collective bargaining agreement (AFA-Horizon CBA). The AFA grievances protested the imposition of discipline and questioned whether the AFA-Horizon CBA prohibited Horizon flight attendants…