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.
Argued: July 6, 2009
Decided: September 21, 2009
Opinion by Judge Raggi
Emily M. Bass, Brooklyn, NY
Steven M. Nachman, New York, NY
Stephen B. Moldof, Cohen, Weiss and Simon LLP, New York, NY
Michael L. Winston, Cohen, Weiss and Simon LLP, New York, NY