Emory v. United Air Lines, Inc.
821 F. Supp. 2d 200
D.D.C.2011Background
- Eight pilots born in December 1947 were terminated from United Airlines in December 2007 after turning 60, under the FAA Age 60 Rule, while remaining employees with seniority until December 31, 2007.
- The Fair Treatment for Experience Pilots Act (FTEPA) enacted December 13, 2007 allowed pilots to fly until age 65, but included non-retroactivity and a protection-for-compliance clause.
- Plaintiffs allege United and ALPA conspired to maintain the Age 60 Rule against them, misrepresenting the FTEPA’s scope and applying it inconsistently to their benefit.
- The CBA governed employees’ contractual relationship with United, while the plaintiffs seek relief under ADEA, RLA-based claims, and common-law theories.
- Plaintiffs filed suit December 24, 2008, asserting ADEA discrimination, breach of the duty of fair representation, wrongful discharge, and fraud/misrepresentation, plus constitutional challenges to the FTEPA.
- The court granted ALPA’s motion to dismiss, granted United’s summary judgment on multiple counts, and retained jurisdiction over non-federal claims for supplemental adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does FTEPA retroactively apply to plaintiffs? | Plaintiffs contend exception (A) could apply to them as former 60-year-olds. | Defendants argue exception (A) requires status as a used ‘required flight deck crew member’ on 12/13/2007. | FTEPA does not retroactively apply to plaintiffs. |
| Does the FTEPA's compliance protection shield ALPA and United from liability? | Plaintiffs contend protection does not extend to actions taken pre- or post-enactment in their favor. | Defendants argue protection blanketly bars claims arising from compliance with the FTEPA. | Compliance protection provision immunizes both defendants for acts in conformance with the Age 60 Rule or FTEPA. |
| Are ADEA claims viable against United and ALPA after exhaustion analysis? | Plaintiffs argue exhaustion satisfied and that United’s conduct violated the ADEA; ALPA is also liable. | United/ALPA deny exhaustion and merit; Carswell framework limits claims when FTEPA applies. | ADEA claim against United fails as a matter of law; ALPA claims for ADEA are dismissed for lack of exhaustion; partial exhaustion issues resolved with dismissal. |
| Are wrongful discharge and fraud/misrepresentation preempted by the RLA or independent of the CBA? | Claims are independent of the CBA; not minor disputes; fraud claim not preempted. | Fraud and fiduciary claims are preempted as refinements of the federal duty of fair representation. | Wrongful discharge and fraud claims are not preempted; but fraud/misrepresentation and fiduciary duty claims against ALPA are preempted; wrongful discharge claim merits review but fails on public policy. |
| Does the FTEPA violate due process, equal protection, or constitute a bill of attainder? | FTEPA breaches due process and equal protection, and bills of attainder target a small class. | FTEPA passes rational-basis review and is not punitive. | FTEPA constitutional; survives rational-basis scrutiny; not a bill of attainder; due process/equal protection hold. |
Key Cases Cited
- Carswell v. ALPA, 540 F. Supp. 2d 107 (D.D.C. 2008) (ADEA claim not supported when employer complies with aging rule; non-retroactivity context)
- Jones v. ALPA, 713 F. Supp. 2d 29 (D.D.C. 2010) (FTEPA non-retroactivity and compliance protection survive rational basis review)
- Adams v. FAA, 550 F.3d 1174 (D.C. Cir. 2008) (cease to be effective language moot waivers; context of non-retroactivity)
- Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (Supreme Court, 1994) (RLA preemption framework; core to minor vs major disputes and contract rights)
- Capraro v. United Parcel Serv. Co., 993 F.2d 328 (3d Cir. 1993) (fraud/misrepresentation intertwined with CBA terms; preemption considerations)
- Nordlinger v. Hahn, 505 U.S. 1 (Supreme Court, 1992) (equal protection rational basis standards; legislative classifications)