The International Brotherhood of Teamsters was the certified representative of Western Airline’s mechanics, stock clerks, and flight instructors. The Air Transport Employees’ Union represented Western’s clerical, office, fleet, and passenger service employees. Collective bargaining agreements in effect between the unions and Western provided that they were binding on Western’s successors. After negotiations in which both unions agreed to significant wage concessions, the unions and Western executed letter agreements. These agreements provided that in the event of Western’s merger with or acquisition by another airline, Western would ensure that work performed by union employees would continue to be assigned to union employees and be covered by the collective bargaining agreements.

Two years later Delta Airlines and Western agreed to a merger. Under the agreement, Western would cease to exist on the following April 1. The agreement made no mention of whether Delta would recognize the unions or be bound by the collective bargaining agreements. Delta employees in the crafts covered by Western’s collective bargaining agreements were nonunion.
Prior to the merger date, the unions filed grievances claiming that Western’s agreement to merge violated the collective bargaining agreements. Pursuant to the collective bargaining agreements, both unions requested arbitration to determine whether the agreements had been breached. Western refused to submit to arbitration, stating that arbitration should not be the vehicle for deciding who would represent Delta employees after the merger. Western argued that because the issues involved the unions’ representation status, they were not arbitral, but instead fell within the exclusive jurisdiction of the National Mediation Board.
Time is of the essence. What can the unions do next? May they proceed to court, or is this a representation matter within the exclusive province of the NMB? Decide. [Local 2702 v. Western Airlines, 125 LRRM 2153 (9th Cir.)]