Airline Industry

Yesterday, Douglas Hall, a partner in the Airline Group of FordHarrison, appeared before an en banc panel of the Ninth U.S. Circuit Court of Appeals to defend an injunction obtained on behalf of Aircraft Service International, Inc. against a strike threatened by some of its non-union employees at the Seattle-Tacoma International Airport. The employees threatened to strike if the company did not immediately revoke the investigatory suspension of an ASIG employee and address alleged safety concerns. The strike was enjoined on the grounds that it would violate the RLA; that was affirmed by a 3-judge panel of the Ninth Circuit. The defendants petitioned for rehearing en banc, arguing that the RLA’s dispute resolution procedures did not apply to non-union employees, and thus the Norris-LaGuardia Act prohibited the injunction.

Executive Summary: The Ninth Circuit has held that the Federal Aviation Act (FAA) preempts state law wrongful termination claims where their resolution would require “the factfinder to intrude upon the federally occupied field of aviation safety by deciding questions of pilot medical standards and qualifications.” Ventress v. Japan Air Lines, 2014 U.S. App. LEXIS 5821 (9th Cir. Mar. 28, 2014).

On March 11, 2013, the National Mediation Board (NMB) published a Notice, 40 NMB No. 43, announcing changes to the Board’s voting procedures and Representation Manual. Specifically, the Board announced

Executive Summary: At long last the Department of Labor has issued final regulations implementing the Airline Flight Crew Technical Corrections Act (AFCTCA), which established new standards for airline flight crewmembers to qualify for FMLA leave.