Robert A. Miller v. Air Line Pilots Association

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Nonunion pilots appeal the judgment of the district court, which largely relied on an arbitrator’s award, as to the legality of the union’s agency shop fees. We reverse.

I

Appellee Air Line Pilots Association (hereinafter ALPA or the union), is the exclusive collective bargaining representative of all pilots employed by Delta. In 1991, ALPA and Delta entered into an “agency shop” agreement under the Railway Labor Act (RLA), effective at the start of 1992, which requires all phots who choose not to be members of ALPA…