United States Ninth Circuit

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Alaska Airlines Inc. v. Schurke, 13-35574

In a labor lawsuit involving the a flight attendant's claim under the Washington Family Care Act brought by an airline, the district court's grant of summary judgment to defendants, a union and the Department of labor, is reversed where: 1) the Railway Labor Act preempted the flight attendant's claim under the Washington Family Care Act, which provides that entitlement to leave is to be defined by an employee's collective bargaining agreement; and 2) under the Railway Labor Act, the claim was a 'minor dispute' about defining the rights guaranteed by the flight attendant’s collective bargaining agreement, and she therefore was required to use the collective bargaining agreement grievance procedure to resolve her claim.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/26

Judges

  • KLEINFELD

Court

  • United States Ninth Circuit

Counsel


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