No. 13-35574.

846 F.3d 1081 (2017)

ALASKA AIRLINES INC., an Alaska corporation, Plaintiff-Appellant, v. Judy SCHURKE, in her official capacity as Director of the State of Washington Department of Labor and Industries; Elizabeth Smith, in her official capacity as Employment Standards Program Manager of the State of Washington Department of Labor and Industries, Defendants-Appellees, Association of Flight Attendants-Communication Workers of America, AFL-CIO, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2017.

Attorney(s) appearing for the Case

Mark Andrew Hutcheson (argued) and Rebecca Francis , Davis Wright Tremaine LLP, Seattle, Washington, for Plaintiff-Appellant.

James Paul Mills (argued), Tacoma, Washington, for Defendants-Appellees.

Kathleen Phair Barnard (argued), Schwerin Campbell Barnard Iglitzin & Lavitt LLP, Seattle, Washington, for Intervenor-Defendant-Appellee.

Dissent by Judge Christen.


This is a Railway Labor Act preemption case. We decide, not the merits of the case, but which entity should decide upon the merits, the State of Washington, or the System Adjustment Board established pursuant to a collective bargaining agreement.


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