Barnes v. Air Line Pilots Ass'n

310 F.R.D. 551, 204 L.R.R.M. (BNA) 3438, 2015 U.S. Dist. LEXIS 176257, 2015 WL 5822436
CourtDistrict Court, N.D. Illinois
DecidedSeptember 30, 2015
Docket13 C 6243
StatusPublished
Cited by9 cases

This text of 310 F.R.D. 551 (Barnes v. Air Line Pilots Ass'n) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnes v. Air Line Pilots Ass'n, 310 F.R.D. 551, 204 L.R.R.M. (BNA) 3438, 2015 U.S. Dist. LEXIS 176257, 2015 WL 5822436 (N.D. Ill. 2015).

Opinion

Memorandum Opinion and Order

GARY SCOTT FEINERMAN, United States District Judge

United Airlines pilots James Barnes, Phillip Whitehead, Walter Clark, David Bishop, and Eric Lish, on behalf of themselves and two putative subclasses of United pilots, the first consisting of management pilots and the second of pilot instructors, brought this suit against Air Line Pilots Association, International (“ALPA”), alleging that it unlawfully discriminated against them in allocating $225 million of retroactive pay (“retro pay”) that United provided to its pilots after ALPA and United entered into a collective bargaining agreement in late 2012. Doc. 29. The amended complaint claims that ALPA breached its duty of fair representation (“DFR”) to both subclasses under the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq., and, in the alternative as to the management pilots only, that ALPA unjustly enriched itself in violation of Illinois law by accepting the management pilots’ payment of dues and contract maintenance fees. Ibid. Earlier in the litigation, the court denied ALPA’s motion to dismiss and/or for summary judgment, ruling that Plaintiffs were entitled to limited discovery on the question whether ALPA discharged its duty of fair representation by providing a process for arbitrating disputes over how the retro pay was allocated among United pilots. Does. 83-84 (reported at 2014 WL 4057419 (N.D.Ill. Aug. 14, 2014)); see Air Wis. Pilots Protection Comm. v. Sanderson, 909 F.2d 213, 215-16 (7th Cir.1990). Earlier today, the court granted ALPA judgment on the pleadings under Federal Rule of Civil Procedure 12(c) as to the pilot instructors, holding that ALPA satisfied its DFR as to those pilots, but allowed the management pilots’ claims to proceed. Docs. 188-189 (reported at — F.Supp.3d -, 2015 WL 5821577 (N.D.Ill. Sept. 30, 2015)).

Now before the court is Plaintiffs’ motion for class certification under Rule 23. Doc. 47. Because the claims brought by the individual pilot instructors (Bishop and Lish) have been dismissed, the motion to certify a pilot instructor class is denied as moot.

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Bluebook (online)
310 F.R.D. 551, 204 L.R.R.M. (BNA) 3438, 2015 U.S. Dist. LEXIS 176257, 2015 WL 5822436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-air-line-pilots-assn-ilnd-2015.