American Airlines, Inc. v. Mawhinney, No. 16-56638 (9th Cir. 2018)Annotate this Case
In these related appeals brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), at issue was whether the district court properly compelled arbitration of plaintiff's claims for whistleblowing retaliation. The Ninth Circuit affirmed as to the retaliation claim against plaintiff's employer, American Airlines, holding that the Airline did not waive its right to arbitrate by waiting to move to compel until after an agency investigation into its conduct was complete, nor was there reason to believe private AIR21 retaliation claims were inherently nonarbitrable. The panel reversed as to the retaliation claim against the Union, holding that the Union was not a party to the arbitration provision at issue in these cases and was not otherwise entitled to enforce the provision.