John Dilks v. Aloha Airlines, Inc., and Air Line Pilots Association, International, Applicant for Intervention-Appellant

Air Line Pilots Association International (ALPA) appeals from the denial of its motion to intervene as a party defendant in an action brought by John Dilks against Aloha Airlines, Inc. (Aloha) alleging wrongful discharge.

Dilks, an airline pilot, alleged, in his amended complaint, that Aloha violated the applicable collective bargaining agreement by constructively discharging him. Because contractual remedies normally are a bar to such a suit, Dilks further alleged that pursuing arbitration under the agreement. would have been futile because ALPA breached its duty of fair representation by…