Nolan v. Sea Airmotive, Inc.

OPINION

BURKE, Justice.

This case presents the question of whether the Legislature can properly prescribe a different form of class action procedure than that set out in Rule 23, Alaska R.Civ.P. 1 We conclude that Rule 23 con trols over the procedure contained in AS 23.10.130(b). 2

James Nolan began the proceedings herein by filing a complaint in superior court in April 1976, on his own behalf and on behalf of other similarly situated employees of Sea Airmotive. Nolan alleged that Sea Airmo-tive employed its aircraft mechanics for work weeks in excess of forty hours without compensating them for…