Mackay
Mackay v. Aircraft Mechanics Fraternal Ass'n-Seattle LocaL 14
Opinion
Concurring Opinion
Berzon, J.
concurring.
I write separately to note that if the determination after trial is that Mackay was a non-member of the union, the application of Peoples v. S. Pac. Co., 232 F.2d 707, 708 (9th Cir.1956), and Stumo v. United Air Lines Inc., 382 F.2d 780 (7th Cir. 1967), on which the defendant union relies, may depend upon whether relief is available against the union from the Board of Adjustment. See 45 U.S.C. § 153 First© (1986) (“The disputes between an employee or group of employees and a carrier or carriers growing out of grievances ... shall be handled in the usual manner ...; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board .... ” (emphasis added)). That issue has not heretofore been addressed by the parties or the district court.
Lead Opinion
MEMORANDUM *
Bernard Mackay appeals the district court’s summary judgment in favor of the Aircraft Mechanics Fraternal Association and Aircraft Mechanics Fraternal Association-Seattle Local 14 (the “Union”) and Alaska Airlines. The district court concluded that Mackay was a member of the Union, and as a result he was precluded from bringing this lawsuit in the district court because he had not exhausted his administrative remedies specified in the collective bargaining agreement. Shortly thereafter, the court granted summary judgment in favor of Alaska Airlines for the same reasons.
We have jurisdiction under 28 U.S.C. § 1291 . We reverse the summary judgment in favor of the Union, but affirm the summary judgment in favor of Alaska Airlines.
Summary judgment in favor of the Union was granted solely upon the district court’s finding that Mackay was a member of the Union. That finding, however, is a finding of fact as to which there is a genuine dispute.
Although there are a number of facts which suggest that Mackay acquired membership in the Union by conduct or acquiescence, neither Mackay nor the Union complied with any of the requirements for membership in the Union as set…