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Kevin D. Wickstrom, et al. v. Air Line Pilots Association, International

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 25-1036 · judgment October 8, 2025


Certiorari denied · April 20, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a union’s duty of fair representation under the Railway Labor Act includes an obligation to enforce the Act’s status quo requirements under 45 U.S.C. § 156, or whether union “discretion” extends to declining enforcement of mandatory statutory process and protections when members face termination.

  2. Whether a duty of fair representation claim alleging a union’s failure to enforce mandatory statutory requirements may be dismissed at the pleading stage for failure to prove subjective bad faith or discriminatory intent before discovery.

Counsel of record

For petitioner
John Mark Pierce
Cohen & Grigsby, P.C.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 20 2026
    Petition DENIED.
  2. Apr 01 2026
    DISTRIBUTED for Conference of 4/17/2026.
  3. Apr 01 2026
    Supplemental brief of petitioners Kevin D. Wickstrom, et al. filed. (Distributed)
  4. Feb 12 2026
    Petition for a writ of certiorari filed. (Response due March 20, 2026)