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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 75-H-1459
Regular Panel Decision
Mar 17, 1976

Airline Flight Atten., Etc. v. Tex. Intern., Etc.

This case addresses a labor dispute between airline flight attendants and Texas International Airlines concerning the Airline's unilateral mid-month flight schedule changes. The core legal question revolves around whether these actions constituted a 'major' or 'minor' dispute under the Railway Labor Act, which dictates different resolution procedures. The Flight Attendants sought injunctive relief, arguing for a major dispute that would require the Airline to maintain the status quo and negotiate. However, the District Court found the Airline's justification, based on the existing collective bargaining agreement and managerial prerogative, to be reasonable and made in good faith. Consequently, the court ruled the dispute was 'minor,' falling under the exclusive jurisdiction of the System Board of Adjustment for contract interpretation, and thus denied the plaintiff's request for injunctive relief and granted summary judgment for the defendant.

Railway Labor ActMajor DisputeMinor DisputeStatus Quo ObligationSystem Board of AdjustmentCollective Bargaining AgreementMid-month Schedule ChangesInjunctive ReliefSummary JudgmentContract Interpretation
References
20
Case No. MISSING
Regular Panel Decision

Kiefer v. Continental Airlines, Inc.

Norma L. Kiefer and her husband Robert C. Kiefer (the Kiefers) appealed a summary judgment granted in favor of Continental Airlines, Inc. The Kiefers sued Continental for personal injuries and loss of society after Mrs. Kiefer was injured by a falling bag from an overhead bin during a flight. Continental contended that the Kiefers' state common-law negligence claims were preempted by the Airline Deregulation Act of 1978, specifically 49 U.S.C.A.App. § 1305. The trial court agreed and dismissed the case. The appellate court reversed the summary judgment, holding that state common-law negligence claims for personal injuries are not expressly preempted by federal law, thus remanding the case for a trial on the merits.

Federal PreemptionAirline Deregulation ActPersonal InjuryNegligenceState Common LawSummary JudgmentAppellate ReviewStatutory InterpretationFederal Aviation ActAirline Liability
References
52
Case No. MISSING
Regular Panel Decision

Airline Flight Attendants in the Service of Texas International Airlines, Inc. v. Texas International Airlines, Inc.

This case addresses a labor dispute between Airline Flight Attendants, represented by the Air Line Pilots Association, International, and Texas International Airlines, Inc. The Flight Attendants sought injunctive relief to stop the Airline's unilateral flight cancellations and rerouting, arguing these were violations of the Railway Labor Act. The central legal question was whether the dispute over mid-month schedule changes constituted a 'major' or 'minor' dispute under the R.L.A., which dictates different resolution procedures. The Court determined that the Airline's actions were arguably covered by existing collective bargaining agreements or fell under its managerial prerogative, thus classifying it as a minor dispute. Consequently, the District Court denied the Flight Attendants' request for an injunction and granted the Airline's motion for summary judgment, remanding the matter to the System Board of Adjustment.

Railway Labor ActMajor DisputeMinor DisputeCollective Bargaining AgreementInjunctionSummary JudgmentFlight AttendantsAirline IndustrySchedule ChangesStatus Quo
References
15
Case No. 70 Civ. 3947
Regular Panel Decision

Maguire v. Trans World Airlines, Inc.

Female cabin attendants, led by Maguire, sued Trans World Airlines (TWA) under the Equal Pay Act, alleging that TWA paid them less than male pursers for substantially equal work. The court found that TWA pursers, who serve on international flights, perform different and additional duties requiring greater skill, effort, and responsibility compared to both international and domestic cabin attendants. The court also determined that domestic cabin attendants and pursers are not employed in the same 'establishment' under the Act. The plaintiffs' labor unions, initially supportive of increasing the purser differential, were later realigned as defendants. The court concluded that TWA did not discriminate on the basis of sex and did not violate the Equal Pay Act, ruling in favor of TWA on the main claim.

Equal Pay ActSex DiscriminationWage DifferentialCabin AttendantsPursersFlight AttendantsLabor UnionCollective BargainingClass ActionJob Duties
References
9
Case No. MISSING
Regular Panel Decision

Allegheny Airlines, Inc. v. Fowler

The case involves twelve airline plaintiffs, including Mohawk, American, and TWA, seeking a declaratory judgment against the New York State Commission for Human Rights. The plaintiffs challenged the Commission's jurisdiction to apply New York's age discrimination provisions (Article 15 of the Executive Law) to their stewardesses operating in interstate and foreign air transportation. They argued that the state law unconstitutionally burdened interstate commerce, was preempted by federal acts like the Railway Labor Act and Federal Aviation Act, and that the age discrimination provisions did not apply to individuals under 40. District Judge Frederick Van Pelt Bryan dismissed the action, ruling that the plaintiffs failed to exhaust available administrative remedies, the issues were not ripe for judicial review, and federal court abstention was appropriate given the unsettled state law questions and the potential for disrupting state administrative processes.

Age DiscriminationInterstate CommerceFederal PreemptionDeclaratory JudgmentAdministrative RemediesJudicial ReviewAbstention DoctrineAirline IndustryStewardessesHuman Rights Commission
References
54
Case No. MISSING
Regular Panel Decision

Scott v. American Airlines, Inc.

Plaintiffs Marie Scott and Lori Fahs, employees of American Airlines, sought a preliminary injunction to prevent their employer from prohibiting them from wearing Transport Workers Union (TWU) pins and from disciplining them for doing so. The defendant argued that the pins caused disruption to efficiency and customer relations, unlike pins worn by employees of certified unions. However, the court found no rational basis for the employer to forbid agents seeking union recognition from wearing union pins, especially since other unionized employees were permitted to wear them. The court concluded that the employer's actions constituted unlawful interference with the employees' right to organize under the Railway Labor Act and the Labor Management Relations Act, as it interfered with the designation of representatives and employee self-organization. The motion for a preliminary injunction was therefore granted.

Union insigniaPreliminary injunctionLabor lawRailway Labor ActLabor Management Relations ActEmployee rightsUnion organizingWorkplace disciplineEmployer interferenceCollective bargaining
References
7
Case No. MISSING
Regular Panel Decision

America West Airlines, Inc. v. Tope

Michael Tope, a former employee of America West Airlines, Inc., successfully sued the airline for discriminatory termination under the Texas Worker’s Compensation Act after an on-the-job injury. The jury found America West unlawfully discharged Tope and awarded damages. On appeal, America West challenged the sufficiency of evidence regarding discrimination, Tope's mitigation of damages, and the mental anguish award. The appellate court affirmed the jury's findings on discriminatory discharge and past mental anguish, but found the future mental anguish award factually insufficient. The court also upheld the exclusion of expert testimony from Tope's treating social worker. The case was reversed and remanded, subject to Tope's voluntary remittitur of future mental anguish damages.

Discriminatory TerminationWorker's CompensationRetaliatory DischargeMental AnguishDamage MitigationExpert Testimony ExclusionAppellate ReviewTexas Employment LawJury VerdictCircumstantial Evidence
References
23
Case No. 16-01138 (SHL)
Regular Panel Decision
Aug 02, 2018

Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)

Plaintiffs John Krakowski, Kevin Horner, and M. Alicia Sikes, former TWA pilots now employed by American Airlines, challenged an interest arbitration award concerning their contractual rights, alleging due process violations due to arbitrator bias and ex parte communications. The arbitration, conducted under the Railway Labor Act (RLA), resolved an impasse between American Airlines and the Allied Pilots Association (APA) regarding a new collective bargaining agreement and the seniority rights of TWA pilots. Defendants American and APA moved to dismiss the adversary proceeding, arguing plaintiffs lacked standing and the action was time-barred. The Court granted the motions to dismiss, holding that individual employees generally lack standing to challenge an arbitration award where the union and employer were the sole parties, and further, that the complaint was untimely under the RLA's 10-day statute of limitations, which the Court found was not subject to equitable tolling.

Arbitration AwardRailway Labor ActStanding (Legal)Statute of LimitationsEquitable TollingDue ProcessArbitrator BiasEx Parte CommunicationsCollective Bargaining AgreementLabor Law
References
65
Case No. 04-01-00286-CV
Regular Panel Decision
Feb 13, 2002

Bernice Polansky, Joni Polansky, Darlene Leigh, Olivia Cornyn, Nora Brandon, and Jennifer Wilson v. Southwest Airlines Co., Ruth Landau and Ginger Hardage

This case addresses two main appeals: workers' compensation retaliation and invasion of privacy. Appellants, current or former Southwest Airlines employees, alleged wrongful termination under the Texas Workers' Compensation Act, claiming retaliation for filing workers' compensation claims. The court found Southwest's 36-month leave policy to be a legitimate, uniformly enforced, non-discriminatory reason for termination. Appellants also claimed invasion of privacy due to disclosures made by Southwest to reporters regarding their EEOC charges, workers' compensation claims, and attendance records. The court concluded that these disclosures were not 'highly offensive to a reasonable person' given the appellants' extensive prior publicization of their 'sick building' allegations. Consequently, the trial court's summary judgment in favor of Southwest Airlines, Ruth Landau, and Ginger Hardage was affirmed.

Workers' Compensation RetaliationInvasion of PrivacyEmployment TerminationSummary Judgment AffirmedMedical Leave PolicySick Building SyndromeEEOC DiscriminationCollective BargainingTexas LawAppellate Decision
References
17
Case No. MISSING
Regular Panel Decision

Doyle v. United Airlines, Inc.

Plaintiff Doreen Del Monaco Doyle sued United Airlines, Inc., alleging disability discrimination under the Rehabilitation Act of 1973 and breach of an employment agreement. Doyle claimed the airline denied her light duty work to accommodate short-term memory and coordination issues after brain surgery. Defendant moved to dismiss the Second Amended Complaint for failure to state a cause of action, arguing the Rehabilitation Act claim was time-barred and the breach of contract claim was preempted by the Labor Management Relations Act. The court granted defendant's motion to dismiss both claims with prejudice. The Rehabilitation Act claim was found to be time-barred, and equitable tolling was denied due to lack of due diligence. The breach of contract claim was preempted by LMRA § 301 and, even if considered a hybrid LMRA § 301 claim, it was also time-barred, leading to its dismissal.

Disability DiscriminationRehabilitation ActEmployment AgreementBreach of ContractLabor Management Relations ActLMRA PreemptionEquitable TollingStatute of LimitationsHybrid § 301 ClaimDuty of Fair Representation
References
47
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