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Trans World Airlines, Inc. v. Independent Federation of Flight Attendants: A Fundamental Blow to Collective Bargaining

10 Pages Posted: 17 Feb 2012  

David Allen Larson

Mitchell | Hamline School of Law

Date Written: January 1, 1989

Abstract

This article examines the 1989 case Trans World Airlines Inc. v. Independent Federation of Flight Attendants, under the Railway Labor Act (RLA). The United States Supreme Court allowed Trans World Airlines, Inc. (TWA) to encourage junior strikers to immediately return to work by promising them that they would not be displaced at the end of the strike by more senior striking employees. By allowing an employer to guarantee that returning junior employees will not lose their jobs, the Supreme Court is permitting employers to deliver a fundamental blow to collective bargaining. The author argues that the problem with the Supreme Court decision is that what may appear to be in an employee’s best short-term interest may actually be contrary to his or her long-term interests. This article gives a factual background, Supreme Court rulings, dissents overview, and discussion.

Keywords: Union, airlines, collective bargaining, TWA, strike

Suggested Citation

Larson, David Allen, Trans World Airlines, Inc. v. Independent Federation of Flight Attendants: A Fundamental Blow to Collective Bargaining (January 1, 1989). Missouri Law Review, Vol. 54, p. 943, 1989. Available at SSRN: https://ssrn.com/abstract=1937266

David Allen Larson (Contact Author)

Mitchell | Hamline School of Law ( email )

875 Summit Avenue
Saint Paul, MN 55105
United States
651-290-6388 (Phone)

HOME PAGE: http://mitchellhamline.edu/biographies/person/david-larson/

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