Vartanian

MEMORANDUM **

Henry Vartanian, Normal Lew, Luis Bill, and Baudilo Perez (Appellants) appeal from the district court’s judgment dismissing their complaint against United Airlines, Inc. (United) and the Aircraft Mechanics Fraternal Association (the Union). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Railway Labor Act (Act) establishes a mandatory arbitration procedure for all minor disputes “concerning rates of pay, rules, or working conditions” that arise out of “the interpretation or application” of a collective bargaining agreement. 45 U.S.C. § 153 (i). That is precisely the type of claim that Appellants brought before the district court, and the court correctly held that it lacked jurisdiction. See Kozy v. Wings West Airlines, Inc., 89 F.3d 635, 638-39 (9th Cir.1996) (describing the Act arbitration procedure as “mandatory, exclusive, and comprehensive”).

Appellants have not demonstrated that they qualify for a “futility” exception to the mandatory arbitration scheme, because they have not shown the Union’s actions to be “arbitrary, discriminatory, or in bad faith.” Vaca v. Sipes, 386 U.S. 171, 190 , 87 S.Ct. 903 , 17 L.Ed.2d 842 (1967). To the…