Breach of Duty of Fair Representation

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7^th Circuit Court of Appeals

Case Name: David Bishop, et al. v. Air Line Pilots Association International

Case No.: 17-1438

Officials: RIPPLE, SYKES, and HAMILTON, Circuit Judges.

Focus: Breach of Duty of Fair Representation

United Airlines pilot instructors David Bishop and Eric Lish brought this action against their union, the Air Line Pilots Association (“ALPA”). They alleged that ALPA had breached its duty of fair representation in its allocation of a retroactive pay settlement among different groups of pilots. ALPA moved for judgment on the pleadings; it contended that the plaintiffs had not alleged adequately that ALPA acted arbitrarily, discriminatorily, or in bad faith. The district court granted the motion and dismissed the case. Mr. Bishop and Mr. Lish timely appealed and seek reversal of the district court’s dismissal of their claims. We hold that the district court prematurely dismissed the plaintiffs’ well-pleaded allegations. We therefore reverse the judgment of the district court and remand the case for further proceedings consistent with this opinion.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.