The Transport Workers Union of America represented flight attendants for Eastern Airlines. The collective bargaining agreement in effect between the union and Eastern included a clause requiring that “any and all” flying performed for Eastern would be performed by flight attendants named on the current Eastern Airlines seniority list. Subsequently Eastern agreed to assume the Latin American service routes of the bankrupt Braniff Airways, Inc. Part of the agreement covering routes to eight Latin American countries included a provision requiring Eastern to hire approximately 310 flight attendants employed by Braniff who would reside in those countries to work the Latin American flights.
The union claimed Eastern had unilaterally ignored the language of the collective bargaining agreement by employing flight attendants not listed on the seniority roster in violation of the RLA. The union sought a preliminary injunction restoring the flight attendant issue to the status quo pending a full trial. Eastern claimed the union was not entitled to an injunction under the RLA.
May the union obtain an injunction against Eastern under the Act? If so, should an injunction be issued? Decide. [Local 553 v. Eastern Airlines, 111 LRRM 2402 (E.D.N.Y.)]