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UAL Profit Sharing Summary Judgement

Date: May 20, 2020

After receipt of the arbitration decision in MEC 9-12, AFA Legal and the United Master Executive Council Officers directed a review of all legal options be completed with respect to further steps which could be taken to defend our agreements. After consultation with outside counsel, on April 29, 2019 the Association of Flight Attendants filed a lawsuit in federal court against United seeking to vacate the arbitrator’s award in MEC 9-12.

As we reported at the time, under both the JCBA and the Railway Labor Act the grounds for judicial review of an arbitration decision are very limited and we reported that having the arbitrator’s award vacated would be an uphill effort. 

The district court granted United's motion for summary judgment and denied the Union’s motion. Without speaking to the merits of the grievance, the court’s analysis indicated it was able to see an “interpretive route” to the Board’s conclusion in the case and found no reason to overturn the decision of the arbitrator.

Many hours of work and dedication were put into this case by our MEC Grievance Committee and AFA Staff attorneys despite the disappointing outcome. While deeply disappointed by this finding, we understood the effort was a longshot that was, by all means, necessary. We appreciate the continued dedication and efforts of all involved in defending our Contract.

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