Pierre Bernard, Appellant v. Alaska Airlines, Inc., Appellee

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 sue in court, so dismissal of those claims for failure to exhaust contractual remedies was improper. The court affirmed dismissal of Bernard's proposed hybrid fair-representation claim as barred by the six-month limitations period and remanded the remaining claims.