Air Line Pilots Association, International v. Transamerica Airlines, Inc.

PREGERSON, Circuit Judge:

While the Air Line Pilots Association, International (“ALPA”) and Transamerica Airlines (“Transamerica”) were in the process of negotiating a new collective bargaining agreement, and while the parties were in mediation to assist this process, ALPA filed the instant suit against Transamerica. The complaint alleges that Transamerica violated the Railway Labor Act (“the Act”) by refusing to bargain and by establishing a nonunion replacement subsidiary to which Transamerica would divert business. Transamerica moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(1) and…