896 F.2d 672 (2nd Cir. 1990), 701, Flight Engineers' Intern. Ass'n, PAA Chapter, AFL-CIO v. Pan American World Airways, Inc.

Docket Nº:701, Docket 89-7911.
Citation:896 F.2d 672
Party Name:FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, PAA CHAPTER, AFL-CIO, Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., and Pan American Corporation, Defendants-Appellees.
Case Date:February 13, 1990
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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896 F.2d 672 (2nd Cir. 1990)

FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, PAA CHAPTER,

AFL-CIO, Plaintiff-Appellant,

v.

PAN AMERICAN WORLD AIRWAYS, INC., and Pan American

Corporation, Defendants-Appellees.

No. 701, Docket 89-7911.

United States Court of Appeals, Second Circuit

February 13, 1990

Argued Jan. 18, 1990.

David B. Rosen, New York City (O'Donnell & Schwartz, of counsel), for plaintiff-appellant.

Richard Schoolman, New York City (Eikenberry Futterman & Herbert, of counsel), for defendants-appellees.

Before FEINBERG, PRATT and MAHONEY, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff-appellant Flight Engineers' International Association (FEIA) appeals from a judgment of the United States District Court for the Southern District of New York, Peter K. Leisure, J., granting the motion of defendants-appellees Pan American Corporation (Pan Am Corp.) and Pan American World Airways, Inc. (PAWA) to dismiss the amended complaint for lack of subject matter jurisdiction. Pan Am Corp. is a holding company and is not an airline; PAWA is its wholly owned airline subsidiary. The amended complaint charged that Pan Am Corp. and PAWA violated section 204 of the Railway Labor Act (the Act), 45 U.S.C. Sec. 184, and the parties' collective bargaining agreement (the Agreement) by refusing to arbitrate what FEIA characterized as a contractual dispute arising under Article 1(B) of the Agreement. Article 1(B), known as a scope clause, requires PAWA to use exclusively FEIA-represented Operations Training Instructors (OTI's) employed by PAWA to perform instructional work in designated areas involving the training of flight engineers, flight personnel and maintenance personnel. By a letter agreement dated February 19, 1986, Pan Am Corp. agreed that it, or any successor, would be bound by Article 1 of the Agreement.

In April 1986, Pan Am Corp. acquired a small regional airline, Ransome Airlines, Inc. (Ransome), which was later renamed Pan Am Express, Inc. After becoming a wholly owned subsidiary of Pan Am Corp., Ransome continued to use its own employees as training personnel, rather than the OTI's employed by PAWA and represented by FEIA. None of the approximately 16 Ransome training personnel is represented by FEIA; some are represented by other

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unions and some are not represented by any union.

In August 1986, FEIA filed a grievance...

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