Alaska Airlines v. Schurke, No. 13-35574 (9th Cir. 2018)Annotate this Case
The en banc court held that the Railway Labor Act did not preempt a worker's claim premised on a state law right to reschedule vacation leave for family medical purposes, when the worker's underlying right to vacation leave was covered by a collective bargaining agreement (CBA). The court also held that the Act did not preempt the worker's claim because the claim neither arose entirely from nor required construction of the CBA. Furthermore, that the CBA must be consulted to confirm the existence of accrued vacation days was not sufficient to extinguish the worker's independent state law right to use the accrued time to care for a sick child. Accordingly, the court affirmed the district court's grant of summary judgment to defendants.
This opinion or order relates to an opinion or order originally issued on January 25, 2017.