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Atlas Air, Inc. et al v. International Brotherhood of Teamsters et al

REPLY to opposition to motion re MOTION to Dismiss

29 Cited authorities

  1. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,547 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  2. Consol. Rail Corp. v. Railway Labor Executives

    491 U.S. 299 (1989)   Cited 590 times
    Holding a dispute was minor because it was "arguably justified by the implied terms of its collective-bargaining agreement"

  3. Locomotive Engineers v. M.-K.-T. R. Co.

    363 U.S. 528 (1960)   Cited 173 times
    Upholding a condition attached to an injunction in a minor dispute because the condition served to preserve the dispute settlement process required by the Act

  4. CSX Transportation, Inc. v. Brotherhood of Maintenance of Way Employees

    327 F.3d 1309 (11th Cir. 2003)   Cited 127 times
    Holding that "federal preclusion principles apply to prior federal decisions, whether previously decided in diversity or federal question jurisdiction"

  5. Trainmen, v. Toledo, P. W.R. Co.

    321 U.S. 50 (1944)   Cited 149 times
    Holding that, while the RLA does not require either party to a major labor dispute to submit to arbitration, a carrier who refuses this available avenue for settlement cannot obtain injunctive relief under the status quo provisions

  6. Brotherhood of Maintenance v. Burlington N

    270 F.3d 637 (8th Cir. 2001)   Cited 85 times
    Finding that a dispute was "minor," because it would "turn on the meaning" of a particular clause of the CBA in question

  7. United Air Lines v. Intern. Ass'n of Machinist

    243 F.3d 349 (7th Cir. 2001)   Cited 46 times
    Holding that union had duty under Section 2 (First) to control employee behavior and prevent "wildcatting"

  8. Oakey v. U.S. Airways Pilots Disability Income Plan

    723 F.3d 227 (D.C. Cir. 2013)   Cited 26 times   1 Legal Analyses
    Holding that the RLA's arbitration provision is jurisdictional

  9. Capraro v. United Parcel Service Co.

    993 F.2d 328 (3d Cir. 1993)   Cited 48 times
    Holding that the plaintiff's claim that the defendant “undertook a fraudulent scheme to discharge Capraro for a fabricated reason” required interpretation of the CBA because it presented an issue of whether the defendant could discharge the plaintiff without cause under the terms of the CBA

  10. United Air Lines v. Air Line Pilots

    563 F.3d 257 (7th Cir. 2009)   Cited 25 times
    Upholding the district court's preliminary injunction against a pilots' union where the union authorized a slowdown campaign and did not make reasonable efforts to halt the pilots' alleged sick-out

  11. Section 151 - Definitions; short title

    45 U.S.C. § 151   Cited 2,945 times   7 Legal Analyses
    Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

  12. Section 101 - Issuance of restraining orders and injunctions; limitation; public policy

    29 U.S.C. § 101   Cited 1,295 times   5 Legal Analyses
    Stating that no injunction may issue "except in a strict conformity with the provisions of this chapter"

  13. Section 152 - General duties

    45 U.S.C. § 152   Cited 1,249 times   1 Legal Analyses
    Imposing the duty not only to "maintain" agreements but also to "make" them

  14. Section 107 - Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings

    29 U.S.C. § 107   Cited 339 times   1 Legal Analyses
    Requiring hearing prior to issuance of an injunction in labor disputes

  15. Section 106 - Responsibility of officers and members of associations or their organizations for unlawful acts of individual officers, members, and agents

    29 U.S.C. § 106   Cited 195 times
    Providing that "officer" and "member" of "any association or organization," and any "association or organization" shall not be liable for illegal acts of "individual officers, members, or agents" absent proof of actual participation in, or authorization or ratification of, such illegal acts