INTERN. BROTH. OF TEAMSTERS v. SOUTHWEST AIRLINES CO.

No. 87-1085.

875 F.2d 1129 (1989)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA-AIRLINE DIVISION AND TEAMSTERS LOCAL 19, Plaintiffs-Appellees, v. SOUTHWEST AIRLINES COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1989.


Attorney(s) appearing for the Case

J. Joe Harris, San Antonio, Tex., for defendant-appellant.

James L. Hicks, Jr., Hal K. Gillespie, Dallas, Tex., Wilma B. Liebman, Washington, D.C., for plaintiffs-appellees.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This case presents the question whether the union's objection to the unilateral imposition of a comprehensive, mandatory drug testing program constitutes a "major" dispute under the Railway Labor Act that must be negotiated with the union before it can be implemented by Southwest Airlines, or whether the drug testing program was arguably justified by the existing collective bargaining agreement and hence was a "minor" dispute that must...

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