Bensel v. Allied Pilots Ass'n

I dissent because I disagree with the majority’s analysis of Count I. I join the majority’s affirmance of the remainder of the claims on appeal. But I would affirm the district court’s determination of the untimeliness of the Class’ claims in Count I asserting that the Air Line Pilots Association (“ALPA”) breached its duty of fair representation (“duty”) under the Railway Labor Act, 45 U.S.C. § 151, et. seq.

A fundamental premise of the majority opinion is that Supplement CC (the November 8, 2001 agreement between American’s pilots and American regarding seniority integration of former TWA…