Air Line Pilots Ass'n, International v. Guilford Transportation Industries, Inc.

Although the majority opinion cogently presents its rationale for classifying the ALPA claim as a “minor” dispute uhder the RLA, its rationale is premised upon an interpretation of Pittsburgh & Lake Erie Railroad Co. v. Railway Labor Executives’ Association, 491 U.S. 490, 109 S.Ct. 2584, 105 L.Ed.2d 415 (1989) (“P & LE ”), which is both overbroad and fundamentally flawed. Consequently, I respectfully dissent.

The appellants neither cited nor relied upon the P & LE decision in the district court, nor have they done so on appeal. Accordingly, their argument has been twice forfeited, and should…