Comm. of Concerned Midwest Flight Attendants v. Int'l Bhd. of Teamsters Airline Di., No. 11-1921 (7th Cir. 2011)
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The McCaskill–Bond Amendment to the Federal Aviation Act, 49 U.S.C. 42112, provides that "combination of multiple air carriers into a single air carrier" requires the combined business to merge seniority lists of employees. Republic acquired Midwest. Seniority lists for mechanics, baggage handlers, and administrative personnel have been integrated, but Republic furloughed flight attendants, requiring them to apply for "new" jobs; if they are rehired, the Teamsters Union, which represents flight attendants at Republic's older carriers, places them at the bottom of its seniority roster. The Union maintained its position, even after the National Mediation Board concluded that the flight attendants who worked for Midwest became part of a single bargaining unit at an integrated air transportation business. The district court held that Republic's abandonment of Midwest's federal air transportation certificate, and the return of its planes, meant that Republic had acquired some assets but not an "air carrier" and entered judgment in favor of the Teamsters. The Seventh Circuit reversed and remanded, reasoning that Midwest was completely integrated into Republic.
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