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ALASKA AIRLINES INC. v. SCHURKE

No. 13-35574.

898 F.3d 904 (2018)

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 August 1, 2018.

Attorney(s) appearing for the Case

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

Peter B. Gonick (argued), Deputy Solicitor General, Olympia, Washington; James P. Mills , Assistant Attorney General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Tacoma, Washington; for Defendants-Appellees.

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

Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown, Richard A. Paez, Marsha S. Berzon, Richard C. Tallman, Consuelo M. Callahan, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges.

OPINION

We are asked whether a claim premised on a state law right to reschedule vacation leave for family medical purposes is preempted by the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-65, 181-88, when the worker's underlying right to vacation leave is covered by a collective bargaining agreement ("CBA...

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