01-1992 Air Line Pilots Association, International v. Midwest Express Airlines, Inc.

By: dmc-admin//February 11, 2002//

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“The collective bargaining agreement states, in words that could not be clearer, that the agreement supersedes all previous agreements between Midwest and the union. The settlement agreement was such an agreement. The fact that it had an additional party, Moffatt, did not make it any less an agreement between Midwest and the union. Had it not been superseded, either of those parties, as well as Moffatt, could have sued to enforce it. Although the agreement contains a waiver by Moffatt, in Midwest’s favor, of his right to file a grievance, the collective bargaining agreement superseded the agreement that contained the waiver and thus wiped it out. United States v. Baus, 834 F.2d 1114, 1126-27 (1st Cir. 1987).”

Appeal from the United States District Court for the Eastern District of Wisconsin, Curran, J., Posner, J.

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