Legal Opinion

Marilyn Mitchell Kevin Bale Susan Boorstein v. Continental Airlines, Inc. International Association of MacHinists and Aerospace Workers

Court of Appeals for the Fifth Circuit

Decided March 7, 2007No. 05-20791PublishedCited by 21 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Plaintiffs-Appellants Marilyn Mitchell, Kevin Bale, and Susan Boorstein appeal the district court’s grant of summary judgment, dismissing without prejudice their petition to vacate an arbitration award under the Railway Labor Act (“RLA”). 1 For the following reasons, we affirm the district court, concluding that Boorstein failed to exhaust her contractually-created procedural remedies and that Mitchell and Bale lack standing to bring a petition under the RLA.

I. FACTS AND PROCEEDINGS

A. Background

The plaintiffs are flight attendants for Defendant-Appellee Continental…

2Cases cited12 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  3. Riverwood Intern. Corp. v. Employers Ins. of WausauCourt of Appeals for the Fifth Circuit · 2005
  4. Darrell D. McNair v. United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1985
  5. Jerry J. Acuff v. United Papermakers and Paperworkers, Afl-CioCourt of Appeals for the Fifth Circuit · 1969

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3Cited by21 opinions

  1. Dillon v. RogersCourt of Appeals for the Fifth Circuit · 2010
  2. Ballew v. Continental Airlines, Inc.Court of Appeals for the Fifth Circuit · 2012
  3. McMillan v. LTV Steel, Inc.Court of Appeals for the Sixth Circuit · 2009
  4. Continental Airlines, Inc. v. Air Line Pilots Ass'n, InternationalCourt of Appeals for the Fifth Circuit · 2009
  5. Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)United States Bankruptcy Court, S.D. New York · 2019

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