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ALASKA AIRLINES, INC. v. OREGON BUREAU OF LABOR

No. 95-35335.

122 F.3d 812 (1997)

ALASKA AIRLINES, INC., Timothy R. Metcalf, Plaintiffs-Appellants, v. OREGON BUREAU OF LABOR; Mary Wendy Roberts, Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1997.

Attorney(s) appearing for the Case

Calvin L. Keith, Perkins Coie, Portland, OR, for Plaintiffs-Appellants.

Richard D. Wasserman, Assistant Attorney General, Salem, OR, for Defendants-Appellees.

Before: CANBY, RYMER and KLEINFELD, Circuit Judges.

CANBY, Circuit Judge:

The question on appeal is whether the arrangement by which Alaska Airlines, Inc., pays its employees for sick leave is subject to the federal Employee Retirement Income Security Act ("ERISA"). If it is not, then Oregon may apply its parental leave laws to require Alaska Airlines to permit employees to utilize sick leave for family leave purposes, such as care of sick children. We conclude that ERISA does not apply to Alaska Airlines' sick leave...

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