Kevin D. Wickstrom, et al. v. Air Line Pilots Association, International
AdministrativeLaw LaborRelations JusticiabilityDoctri
1. Whether a union's duty of fair representation under the Railway Labor Act includes an obligation to enforce the Act's status quo requirements under 45 U.S.C. § 156, or whether union "discretion" extends to declining enforcement of mandatory statutory process and protections when members face termination.
2. Whether a duty of fair representation claim alleging a union's failure to enforce mandatory statutory requirements may be dismissed at the pleading stage for failure to prove subjective bad faith or discriminatory intent before discovery.
Whether a union's duty of fair representation under the Railway Labor Act includes an obligation to enforce the Act's status quo requirements under 45 U.S.C. § 156, or whether union discretion extends to declining enforcement of mandatory statutory process and protections when members face termination, and whether a duty of fair representation claim alleging a union's failure to enforce mandatory statutory requirements may be dismissed at the pleading stage for failure to prove subjective bad faith or discriminatory intent before discovery