# Eastern Air Lines, Inc. v. Air Line Pilots Ass'n Inernational

> Court of Appeals for the Eleventh Circuit · December 20, 1990 · 920 F.2d 722

URL: https://www.frixlaw.com/law-library/cases/8986218

## Case

- **Full name:** EASTERN AIR LINES, INC., Plaintiff-Counterclaim v. AIR LINE PILOTS ASSOCIATION INTERNATIONAL, Eastern Air Lines Master Executive Council, Defendants-Counterclaim
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** December 20, 1990
- **Citations:** 920 F.2d 722
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** Anderson, Eschbach, Hatchett
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8986218

## Opinion text

ANDERSON, Circuit Judge,
dissenting:
Respectfully, I dissent. In my judgment, binding precedent in this circuit requires reversal. In a very similar context, the Former Fifth Circuit held that a newly-hired permanent employee is not displaced by a returning striker “even though subsequently he may be divested of the job for failure to pass medical or security clearance.” National Airlines, Inc. v. International Ass’n of Machinists and Aerospace Workers, 430 F.2d 957, 961 (5th Cir.1970). I do not agree with the majority that the conditions of employment in National Airlines — i.e., medical or security clearance— can be dismissed as merely technical. In the airline industry, the medical condition and security clearance of workers is not technical.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8986218. Public record. Not legal advice.