No. 25-974

Kevin D. Wickstrom, et al. v. Air Line Pilots Association, International

Lower Court: Seventh Circuit
Docketed: 2026-02-18
Status: Pending
Type: Paid
Tags: bad-faith duty-of-fair-representation pleading-stage-dismissal railway-labor-act status-quo-requirements union-discretion
Key Terms:
AdministrativeLaw LaborRelations JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2026-02-12
Petition for a writ of certiorari filed. (Response due March 20, 2026)

Attorneys

Kevin D. Wickstrom, et al.
John Mark PierceCohen & Grigsby, P.C., Petitioner