Legal Opinion
International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Airline Division & Teamsters Local 19 v. Southwest Airlines Co.
Court of Appeals for the Fifth Circuit
Decided April 21, 1988No. 87-1085PublishedCited by 16 opinions
1Opinion of the Court
IRVING L. GOLDBERG, Circuit Judge:
Southwest Airlines appeals from the District Court’s conclusion that this controversy between Southwest and its mechanics over implementation of a program of mandatory testing for drug and alcohol use constitutes a “major” dispute as defined by the Railway Labor Act. We therefore review the District Court's legal conclusions that the program involves a mandatory subject of bargaining and that the program is not “arguably justified” by the collective bargaining agreement, as well as the District Court’s factual findings supporting those conclusions. Finding no…
2Cases cited34 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Sosna v. IowaSupreme Court of the United States · 1975
- Weinstein v. BradfordSupreme Court of the United States · 1975
- DeFunis v. OdegaardSupreme Court of the United States · 1974
- Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
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3Cited by16 opinions
- Irma Halferty v. Pulse Drug Company, Inc. D/B/A Pulse Ambulance ServiceCourt of Appeals for the Fifth Circuit · 1989
- Transport Workers' Union of Philadelphia, Local 234, in No. 88-1206 v. Southeastern Pennsylvania Transportation Authority, in No. 88-1160. Transport Workers Union of America, Local 2013 v. Southeastern Pennsylvania Transportation Authority and Louis F. Gould, Jr., Esquire, Individually and in His Official Capacity as Chairman of the Board of Septa Robert J. Thompson, Individually and in His Official Capacity as Vice Chairman of the Board of Septa Brian W. Clymer Judith E. Harris, Esquire Mary C. Harris, Thomas M. Hayward, C.P.A. Frank W. Jenkins, Esquire Richard E. Kutz, Esquire David W. Marston, Esquire James C. McHugh and Franklin C. Wood, Individually and in Their Official Capacities as Members of the Board of Septa, Brotherhood of Locomotive Engineers, Division 71 and Brotherhood of Locomotive Engineers and Thomas C. Brennan, in No. 88-1207 v. Southeastern Pennsylvania Transportation Authority and Louis F. Gould, Jr., Esquire, Individually and in His Official Capacity as Chairman of the Board of Septa Robert J. Thompson, Individually and in His Official Capacity as Vice Chairman of the Board of Septa Brian W. Clymer Judith E. Harris, Esquire Mary C. Harris Thomas M. Hayward, C.P.A. Frank W. Jenkins, Esquire Richard E. Kutz, Esquire David W. Marston, Esquire James C. McHugh and Franklin C. Wood, Individually and in Their Official Capacity as Members of the Board of Septa, in No. 88-1162. United Transportation Union, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, in No. 88-1208 v. Southeastern Pennsylvania Transportation Authority, in No. 88-1163Court of Appeals for the Third Circuit · 1988
- City of Miami v. FOP Miami Lodge 20District Court of Appeal of Florida · 1991
- Robert Hull, Jr. v. John DuttonCourt of Appeals for the Eleventh Circuit · 1991
- Railway Labor Executives' Ass'n v. National Railroad Passenger Corp.District Court, District of Columbia · 1988
11 more not listed; retrieve them via the Exa API.