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Flight Options, LLC, et al. v. International Brotherhood of Teamsters, Local 1108, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-3606 · judgment July 17, 2017


Certiorari denied · January 22, 2018
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a Sixth Circuit decision below.

Question presented

In Consolidated Rail Corp. v. Railway Labor Executives Ass’n, 491 U.S. 299 (1989) (“Conrail”), this Court held that disputes over the interpretation of collective bargaining agreements governed by the Railway Labor Act must be arbitrated so long as the interpretation of the contract by the party seeking arbitration is “arguably justified” and not “frivolous” or “obviously insubstantial.” Id. at 306-07. This Court further held that this is a “relatively light” burden that may be based on both implied and express terms of the contract. Id. at 311-12. The question presented here is: Whether the Sixth Circuit’s decision below conflicts with this Court’s Conrail decision and the broader body of Railway Labor Act precedent given that the Sixth Circuit classified a labor dispute arising from differing interpretations of ambiguous contract terms as a “major dispute” and enjoined the Petitioners to either accept the Union’s interpretation or arbitrate the dispute.

Counsel of record

For petitioner
William Christopher Harrison
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

For respondent
—

Case

Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 22, 2018 · Certiorari denied

Proceedings

  1. Jan 22 2018
    Petition DENIED.
  2. Jan 03 2018
    DISTRIBUTED for Conference of 1/19/2018.
  3. Nov 16 2017
    Petition for a writ of certiorari filed. (Response due December 20, 2017)