Supreme Court of the United States · Official docket →
Ali Bahreman v. Allegiant Air, LLC, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16156 · judgment December 10, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Railway Labor Act (“RLA”), 45 U.S.C. § 152 (Fourth), prohibits “influenc[ing] or coerc[ing] employees in an effort to induce them to join or remain … members of any labor organization,” with one exception. 45 U.S.C. § 152 (Eleventh) (a) permits unions and employers “to make agreements, requiring as a condition of continued employment, that … all employees shall become members of the labor organization representing their craft or class[.]” The duty of fair representation (“DFR”) “require[s] the union … to represent non-union … members of the craft without hostile discrimination, fairly, impartially, and in good faith.” Steele v. Louisville & N.R. Co., 323 U.S. 192, 204 (1944). The questions presented are:
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Do a union and employer violate § 2, Fourth by requiring non-members to financially support a union in a manner not authorized by § 2, Eleventh (a)?
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Does a union violate the DFR by denying contractual seniority benefits and bidding privileges to non-member employees who do not financially support the union?
Counsel of record
For petitioner
Matthew Brandon Gilliam
National Right to Work Legal Defense Foundation
For respondent
Mark H. Richard
Phillips, Richard & Rind, P.A.
Case
Conference history
Distributed for 1 conference
Proceedings
- May 27 2025Petition DENIED.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- Apr 30 2025Waiver of right of respondent Transport Workers Union of America Local 577 to respond filed.
- Apr 28 2025Waiver of right of respondent Allegiant Air, LLC, et al. to respond filed.
- Apr 21 2025Petition for a writ of certiorari filed. (Response due May 23, 2025)