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10-2291 International Brotherhood of Teamsters Airline Division v. Frontier Airlines, Inc.

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2010//

10-2291 International Brotherhood of Teamsters Airline Division v. Frontier Airlines, Inc.

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2010//

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Labor
Railway Labor Act

Where an employer shifted work from a facility where the workers are unionized to one where they are not, it was an abuse of discretion for the district court to issue an injunction against the employer altering the pay, work rules or working conditions of the non-union employees.

“The injunction issued in this case does have a problem, but not a problem having to do with the district court’s authority-rather a problem with how that court has exercised its equitable discretion. The injunction maintains, for the indefinite future (it has no expiration date, and is ‘preliminary’ in name only), what may well be an illegal status quo-a union supported by only a fourth of the bargaining unit yet acting as the bargaining representative of that minority. We are given no reason to think that a majority of Republic’s mechanics want to be represented by the Teamsters Union, and if not they may be placed at a disadvantage if Republic is required to extend special privileges to Frontier’s mechanics.”

Vacated and Remanded.

10-2291 International Brotherhood of Teamsters Airline Division v. Frontier Airlines, Inc.

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

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