Bishop v. Air Line Pilots Association, International, No. 21-1034 (7th Cir. 2021)Annotate this Case
The plaintiffs, pilot instructors for United Airlines, filed a class action against the Air Line Pilots Association, International (ALPA), their recognized agent for the purpose of collective bargaining, alleging that ALPA had violated its duty of fair representation under the Railway Labor Act, 45 U.S.C. 151, by adopting a retroactive pay provision that discriminated against pilot instructors.
The Seventh Circuit affirmed the dismissal of the suit. To establish a violation of the duty of fair representation, the plaintiffs were required to provide evidence from which a jury could conclude that ALPA’s sole motive in adopting the retroactive pay provision was an illicit one. While the record, viewed in the light most favorable to the plaintiffs, could be read to support the proposition that ALPA’s adoption of the formula was motivated in part by animus toward the pilot instructor minority, the question is whether the evidence establishes that ALPA was motivated solely by a desire to discriminate against pilot instructors. There was evidence that some of the motivation for adopting the formula was a desire for a simple formula that could be easily defended.