In a Railway Labor Act (RLA) action challenging the validity of a Restructuring Participation Agreement reached between plaintiff flight attendants’ former employer and their union, summary judgment for defendants is affirmed where: 1) the relevant RLA provisions, 45 U.S.C. section 152, First and Seventh, do not provide a private cause of action; 2) the RLA preempted plaintiffs’ state law claims; and 3) plaintiffs failed to adduce sufficient evidence of a material factual dispute on their fair representation claim to defeat summary judgment.
Read Lindsay v. Ass’n. of Prof’l. Flight Attendants, No. 08-4122
Appellate Information
Argued: July 6, 2009
Decided: September 21, 2009
Judges
Opinion by Judge Raggi
Counsel
For Appellants:
Emily M. Bass, Brooklyn, NY
Steven M. Nachman, New York, NY
For Appellees:
Stephen B. Moldof, Cohen, Weiss and Simon LLP, New York, NY
Michael L. Winston, Cohen, Weiss and Simon LLP, New York, NY
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