Ass'n of Flight Attendants v. Mesa Airlines, Inc.

MEMORANDUM **

Plaintiff/Appellant Association of Flight Attendants, AFL-CIO (“AFA”) appeals *568 the district court’s grant of Defendant/Appellee Mesa Airlines, Inc.’s (“Mesa”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).

The underlying action arises under the Railway Labor Act, 45 U.S.C. §§ 151 , et seq., which controls labor-employment relations in the rail and air industries. AFA seeks to compel arbitration against Mesa over a dispute arising under AFA’s collective bargaining agreement (“CBA”) with CCAir, Inc. (“CCAir”).

First, AFA argues that the district court erred by failing to apply the “arguably justified” standard described in Consolidated Rail Corp. v. Railway Labor Executives’ Association, 491 U.S. 299 , 109 S.Ct. 2477 , 105 L.Ed.2d 250 (1989). There was no need for the district court to consider Conrail, however, because there was no issue as to whether a minor dispute existed. The question was with whom AFA should be arbitrating a dispute that arose under the AFA-CCAir CBA — Mesa or CCAir.

Second, AFA argues that the district court misinterpreted Association of Flight Attendants, AFL-CIO v. Delta Air Lines, Inc., 879 F.2d 906…