Fitzsimmons v. Western Airlines, Inc.

DUFFY, Chancellor:

The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Help ers of America (IBT), plaintiff, and West-tern Airlines, Inc. (Western), defendant, are parties to three collective bargaining agreements made pursuant to the Railway Labor Act, 45 U.S.C.A. § 151 et seq. These cover airline mechanics, utility/fleet service employees and store clerks. On December 17, 1970 Western and American Airlines, Inc. (American), defendant, voluntarily entered into an agreement providing for the merger of Western into American. Both defendants are common carriers by air…