Bernard v. Alaska Airlines, Inc.

A former airline employee sued his former employer for wrongful termination without first attempting to arbitrate his claims under the provisions of a collective bargaining agreement subject to the federal Railway Labor Act. The superior court dismissed the employee’s complaint for failure to exhaust his contractual remedies. It also denied him leave to amend his complaint a second time on the ground that the six-month limitations period for such claims had expired. The employee appealed. After review, the Supreme Court held that the employee’s right to bring his claims in state court was not clearly and unmistakably waived under the collective bargaining agreement and he therefore should have been allowed to pursue them. The Court agreed with the superior court, however, that the employee’s claim that the union breached its duty of fair representation was time-barred. View "Bernard v. Alaska Airlines, Inc." on Justia Law