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American Airlines, Inc. v. Transport Workers Union of America

United States District Court, N.D. Texas, Fort Worth Division

June 28, 2019

AMERICAN AIRLINES, INC., Plaintiff,
v.
TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, ET AL., Defendants.

          MEMORANDUM OPINION

          JOHN McBRYDE JUDGE

         Consistent with the instructions given to the parties at the recent pretrial conference, each side has filed a memorandum in support of its position on contested issues of law numbers 2, 3, 4, and 5 under the heading "Agreed List of Contested Issues of Law" in the Joint Pre-Trial Order the parties submitted to the court. Doc. 75.[1] Those issues read as follows:

2. Whether the requirements of Section[] 6 of the Norris LaGuardia Act apply to Plaintiff's claim against Defendants?
3. How the requirements of Section 8 of the Norris LaGuardia Act apply to Plaintiff's claim against Defendants? Specifically, does it require Plaintiff to attempt to make reasonable efforts to settle the dispute regarding the formulation of a joint collective bargaining agreement or the dispute regarding the alleged slowdown?
4. Whether Defendants have a legal obligation under Section 2, First of the [Railway Labor Act
("RLA")] to take all reasonable measures to stop concerted activity by their members if Defendants have not participated, authorized or ratified it?
5, Whether Plaintiff is required to demonstrate that injunctive relief is the only practical and effective means of enforcing the Defendants' obligations under Section 2, First of the RLA?

Id. at 19-20.

         The court has reached the following conclusions as to the proper answers to those legal issues:

Legal Issue No. 2 ("Whether the requirements of Section[] 6 of the Morris LaGuardia Act apply to Plaintiff's claim against Defendants?"):

         Section 6 of the Morris LaGuardia Act ("NLGA") provides:

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.

Doc. 91 at 1.

         While other courts might have reached contrary results, the Fifth Circuit in 1936 stated the following in its opinion in Mayov. ...


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