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FAIRBAIRN v. UNITED AIR LINES, INC.

Nos. 00-1438, 01-1082.

250 F.3d 237 (2001)

David L. FAIRBAIRN, Plaintiff-Appellee, v. UNITED AIR LINES, INCORPORATED, Defendant-Appellant. International Association of Machinists and Aerospace Workers, AFL-CIO, Amicus Curiae. David L. Fairbairn, Plaintiff-Appellee, v. United Air Lines, Incorporated, Defendant-Appellant. International Association of Machinists and Aerospace Workers, AFL-CIO, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: May 4, 2001.

Attorney(s) appearing for the Case

ARGUED: Roy Theodore Englert, Jr., MAYER, BROWN & PLATT, Washington, D.C., ON BRIEF: Andrew A. Nicely, MAYER, BROWN & PLATT, Washington, D.C.; James W. Gladden, Jr., Kristen W. Crosby, MAYER, BROWN & PLATT, Chicago, Illinois, for Appellant.

John O'Brien Clarke, Jr., HIGHSAW, MAHONEY & CLARKE, Washington, D.C., for Appellee. ON BRIEF: Andrew A. Nicely, Mayer, Brown & Platt, Washington, DC; James W. Gladden, Jr., Kristen W. Crosby, Mayer, Brown & Platt, Chicago, IL, for Appellant.

Robert A. Bush, Ira L. Gottlieb, Joseph A. Kohanski, GEFFNER & BUSH, Burbank, California, for Amicus Curiae.

Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkins and Judge Luttig joined.

OPINION

NIEMEYER, Circuit Judge:

We must decide in this case whether an employment dispute between United Air Lines, Inc. ("United") and an employee whom United discharged was subject to compulsory arbitration before an appropriate adjustment board by virtue of the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq...

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