ABX operates as a common carrier, delivering packages and freight by air. ABX and the Airline Professions Association, IBT, were parties to a collective bargaining agreement. In the fall of 1999, Bryon Russell, a pilot employed by ABX, applied for disability and benefits after he was diagnosed by his physician as suffering from “stress and anxiety.” Unwilling to rely solely on the diagnosis of Russell’s doctor, ABX insisted that Russell undergo an independent medical examination (IME) with Dr. Joseph Westermeyer. Russell complied, and Dr. Westermeyer found that he was suffering from conditions more severe than mere stress and anxiety and was unfit to fly. Dr. Westermeyer provided a full report to ABX and Russell began receiving disability benefits. He remained on disability leave until April 1, 2002, when he notified ABX of his readiness to return to work. Despite Russell’s presentation of a second-class medical certificate from the Federal Aviation Administration clearing him to fly, ABX’s flight management had concerns about whether Russell was in fact fit to fly an airplane. ABX therefore directed him to attend another IME by Dr. Westermeyer, which Russell refused to do.
The union filed a grievance on behalf of Russell, which complained that by requiring Russell to submit to an IME before returning to work, ABX violated the terms of the collective bargaining agreement between the parties. The union also sought injunctive relief in federal district court, claiming that ABX’s action violated the RLA by imposing new working conditions not authorized by the parties’ CBA. The district court held that the complaint raised a major dispute under the RLA, over which the court had jurisdiction, and granted summary judgment to the union. ABX appealed. Decide. [Airline Professionals Ass’n v. ABX Air, Inc., 400 F.3d 411 (6th Cir. 2005)]