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CAREFLITE v. OFFICE AND PROFESSIONAL EMPLOYEES

No. 08-10807.

612 F.3d 314 (2010)

CAREFLITE, Plaintiff-Counter-Defendant-Appellant, v. OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Defendant-Counter-Claimant-Appellee, Craig Lee Hilton, Counter-Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 2010.

Attorney(s) appearing for the Case

Henry Howard Robinson (argued), Christopher Edward Howe, Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, for Plaintiff-Counter-Defendant-Appellant.

Melvin Saul Schwarzwald (argued), James G. Porcaro, Schwarzwald & McNair, Cleveland, OH, Yona Roza, Gillespie, Rozen & Watsky, P.C., Dallas, TX, for Defendants-Counter-Claimants-Appellees.

Before DENNIS and ELROD, Circuit Judges.

DENNIS, Circuit Judge:

This case involves the scope of a grievance procedure set forth in a collective bargaining agreement between an airline and its pilots' union under the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq. "The RLA, which was extended in 1936 to cover the airline industry, see Act of Apr. 10, 1936, ch. 166, 49 Stat. 1189; 45 U.S.C. §§ 181-188, sets up a mandatory arbitral mechanism...

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