Legal Opinion · Dissent
Independent Union of Flight Attendants v. Pan American World Airways, Inc., and Pan American Corporation
Court of Appeals for the Ninth Circuit
Decided January 10, 1991No. 89-15577Published
1DissentDorothy W. Nelson, Circuit Judge
I respectfully dissent.
My disagreement with my colleagues is not about the interpretation of our jurisprudence regarding extraterritorial jurisdiction, or, even, about the extraterritorial scope of the RLA. Rather, it is about whether extraterritoriality has anything to do with this case in the first place.
Reduced to its core, the dispute can be summarized as follows:(1) In April 1985 the IUFA, certified representative of Pan Am’s flight attendants, and Pan Am entered an agreement in the United States concerning Pan Am’s flights within German territory. The agreement provides protection for…
2Cases cited5 opinions
- Stock West, Inc. v. Confederated Tribes Of The Colville ReservationCourt of Appeals for the Ninth Circuit · 1989
- Local 553, Transport Workers Union v. Eastern Air Lines, Inc.District Court, E.D. New York · 1982
- Elgin, Joliet and Eastern Railway Company v. Brotherhood of Railroad TrainmenCourt of Appeals for the Seventh Circuit · 1962
- Airline Pilots Association, International, Afl-Cio v. Taca International Airlines, S.A.Court of Appeals for the Fifth Circuit · 1984
- Lori Nafziger, Individually, on Behalf of Her Dependent Son and on Behalf of All Others Similarly Situated v. Barbara Blum, Individually and in Her Capacity as Commissioner of the New York State Department of Social Services and S. Jean Wagoner, Individually and in Her Capacity as Commissioner of the Jefferson County Department of Social Services, Angela Curry, on Behalf of Herself and Her Minor Dependent Child and on Behalf of All Others Similarly Situated v. Barbara Blum, Individually and in Her Official Capacity as Commissioner, New York State Department of Social Services and Michael Nassar, Individually and in His Capacity as Commissioner, Oneida County Department of Social ServicesCourt of Appeals for the Second Circuit · 1982