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Twa Vs. Flight Attendants
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- US Supreme Court
- Feb 28, 1989
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TWA v. FlightSearch
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Attendants - 489 U.S. 426 (1989) U.S. Supreme Court TWA v. FlightSearch
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Attendants, 489 U.S. 426 (1989) Trans World Airlines, Inc. v. IndependentSearch
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may provide guiding precedent in RLA cases, indicates that TWA's crossover policy is unlawful. In fact, under NLRB v. PageSearch
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the inevitable effect of TWA's lawful use of the economic weapons available to it during a period of self-help. NLRB v. ErieSearch
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et seq. See Mastro Plastics Corp. v. NLRBSearch
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The District Court ultimately ruled against the Union on this claim. Independent Federation of Flight Attendants v. TransSearch
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trained by the end of the strike could be displaced by full-term strikers. Independent Federation of Flight Attendants v. TransSearch
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U. S. 432 was not part of the pre-strike negotiations, it had survived the strike. Trans World Airlines, Inc. v. IndependentSearch
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Court's ruling that the union security clause had survived the period of self-help. Trans World Airlines, Inc. v. IndependentSearch
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fully-trained new hires, but could displace the 463 untrained new hires. Independent Federation of Flight Attendants v. TransSearch
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NLRA. Id. at 843-845. We granted petitions for writs of certiorari in both cases. Trans World Airlines, Inc. v. FlightSearch
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Flight Attendants v. TransSearch
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the RLA. Trainmen v. JacksonvilleSearch
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of strikers under the RLA have turned to NLRA precedents for guidance. E.g., Air Line Pilots Assn. International v. UnitedSearch
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National Airlines, Inc. v. InternationalSearch
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F.2d 998, 1004-1006 (CA5 1969). We first considered the reinstatement rights of strikers under the NLRA in NLRB v. MackaySearch
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at 304 U. S. 346 . On various occasions, we have reaffirmed the holding of Mackay Radio . See NLRB v. ErieSearch
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NLRB v. FleetwoodSearch
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Trainmen v. JacksonvilleSearch
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Id. at 394 U. S. 391 -392. Similarly, two Terms ago, in Burlington Northern R. Co. v. MaintenanceSearch
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them as addressing primarily the precertification rights and freedoms of unorganized employees. In Virginian R. Co. v. RailwaySearch
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Fourth, and Texas & N. O. R. Co. v. RailwaySearch
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Clerks, 281 U. S. 548 (1930). In Switchmen v. NationalSearch
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that neither party will be able to enlist the courts to further its own partisan ends. See Chicago & N.W. R. Co. v. TransportationSearch
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neither measure was inherently destructive of union or employer activity. Similarly, we see nothing in Railway Clerks v. FloridaSearch
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of IFFA's status as the flight attendants' exclusive bargaining representative is thereby foreclosed. See Machinists v. StreetSearch
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is protected against coercion by her employer. The Court relies in part on Trainmen Page 489 U. S. 444 v. JacksonvilleSearch
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Chicago & N.W. R. Co. v. TransportationSearch
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See NLRB v. MackaySearch
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not discriminate among its employees on account of their union activity. That, in fact, is the holding of NLRB v. MackaySearch
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NLRB v. ErieSearch
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of the NLRA, which protects the right to engage in concerted activities. Trainmen v. JacksonvilleSearch
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judicial intervention should be necessary to enforce a union's duty of fair representation under the RLA, see Steele v. LouisvilleSearch
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NLRB v. TextileSearch
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a free rider, enjoying the benefit of any gains won by the strike, but without sharing in its risk. See Pattern Makers v. NLRBSearch
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under the standard of Railway Clerks v. FloridaSearch
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this case presents, and the answer to that question cannot be assumed by stating it as a premise. Neither NLRB v. FleetwoodSearch
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distinguish, see ante at 489 U. S. 436 , TWA's crossover policy from the super-seniority policy in NLRB v. ErieSearch
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reading of the RLA. When the Court addressed the permissible scope of employer self-help under the RLA in Trainmen v. JacksonvilleSearch
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been thwarted by coercive employer tactics, including the support of employer-dominated company unions. See Machinists v. StreetSearch
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Fourth to be a source of the right not to strike is entirely proper. In Radio Officers v. NLRBSearch
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should not be read in a similar fashion. Cf. Trainmen v. JacksonvilleSearch
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be true of discrimination or retaliation against employees who choose to strike. See Railway Labor Executives' Assn. v. BostonSearch
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Air Line Pilots Assn. v. UnitedSearch
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U.S. Supreme Court TWA v. FlightSearch
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Trans World Airlines, Inc. v. IndependentSearch
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