Bernard v. Alaska Airlines, Inc.

Summary

The court held that the Railway Labor Act did not preempt Bernard’s state-law wrongful-termination claims because they were based on rights independent of the collective bargaining agreement. It also held that the agreement did not clearly and unmistakably waive Bernard’s right to pursue those claims in state court, so dismissal of them for failure to exhaust contractual remedies was erroneous. The court affirmed dismissal of Bernard’s proposed fair-representation claim because it was filed outside the applicable six-month limitations period.