# Delta Air Lines, Inc. v. Air Line Pilots Ass'n, International

> Court of Appeals for the Eleventh Circuit · January 18, 2001 · 238 F.3d 1300

URL: https://www.frixlaw.com/law-library/cases/9415573

## Case

- **Full name:** DELTA AIR LINES, INC., Plaintiff-Appellant, v. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** January 18, 2001
- **Citations:** 238 F.3d 1300; 166 L.R.R.M. (BNA) 2272; 2001 U.S. App. LEXIS 655; 2001 WL 42399
- **Precedential status:** Published
- **Opinion:** Concurrence by Barkett
- **Judges:** Barkett, Tjoflat, Barrett, Magill
- **Cited by:** 53 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/9415573

## How later opinions describe it (automated extraction)

- finding that Section 2, First imposed a duty on a union to prevent its members from “collectively disrupt[ing] Delta's flight operations, in contravention of the CBA . . . , by way of a no-overtime campaign”
- finding that Section 2, First imposed a duty on a union to prevent its members from “collectively disrupting] Delta’s flight operations, in contravention of the CBA ..., by way of a no-overtime campaign”
- holding that the district court erred in refusing to enjoin a pilots’ union where the union had not done “everything possible” to stop its members’ no-overtime campaign
- noting that, under the Railway Labor Act, “[a] failure by either side to maintain the status quo during the bargaining and mediation process may give rise to injunctive relief, even without the customary showing of irreparable injury”

## Opinion text

BARKETT, Circuit Judge,
concurring specially, in which MAGILL, Circuit Judge, joins:
I concur in the determination that under the law ALPA has an affirmative duty to exert every reasonable effort to prevent or stop the unilateral unlawful activity of its members and that it has not fulfilled that duty. Accordingly, I agree that this case should be remanded for the entry of an appropriate injunction requiring ALPA to take all reasonable steps to do so. However, any discussion of possible actions based on the possibility that ALPA cannot control its membership is premature.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9415573. Public record. Not legal advice.