Lindsay v. Ass'n. of Prof'l. Flight Attendants, No. 08-4122

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