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TWA, INC. v. INDEPENDENT FEDERATION OF FLIGHT ATTENDANTS

No. 87-548.

489 U.S. 426 (1989)

109 S.Ct. 1225

103 L.Ed.2d 456

TRANS WORLD AIRLINES, INC. v. INDEPENDENT FEDERATION OF FLIGHT ATTENDANTS

Supreme Court of United States.

Decided February 28, 1989

Attorney(s) appearing for the Case

Murray Gartner argued the cause for petitioner. With him on the briefs were Paul E. Donnelly, Mark A. Buckstein, Michael A. Katz, Carole O'Blenes, Toby R. Hyman, Andrew P. Marks, and Richard M. Klein.

Lawrence S. Robbins argued the cause for the National Labor Relations Board as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Deputy Solicitor General Cohen, Glen D. Nager, Rosemary M. Collyer, Robert E. Allen, Norton J. Come, and Linda Sher.

John P. Hurley argued the cause for respondent. With him on the brief were William A. Jolley, Marsha S. Berzon, and Laurence Gold.*

JUSTICE O'CONNOR delivered the opinion of the Court.

We decide today whether, at the end of a strike, an employer is required by the Railway Labor Act (RLA or Act), 44 Stat. 577, as amended, 45 U. S. C. § 151 et seq., to displace employees who worked during the strike in order to reinstate striking employees with greater seniority.

I

In March 1984, Trans World Airlines, Inc. (TWA), and the Independent Federation of Flight Attendants ...

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