Fell v. Independent Ass'n of Continental Pilots

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT” *

BRIMMER, District Judge.

I. Background

In 1993, the Independent Association of Continental Pilots (“IACP”) labor organization was formed. On or about August 31, 1995, Continental and IACP entered into a collective bargaining agreement. This agreement was an “agency shop” arrangement that permitted IACP to charge nonunion pilots their fair share of the costs of representation. IACP charged 1.5% of the member-pilots’ gross pay for union dues and an equivalent amount for the non-member phots’…