Thompson v. Air Transport International Ltd. Liability Co., 664 F.3d 723

Thompson, a pilot for ATI (1993–2009), alleges FMLA and ACRA violations after a sick leave and return lead to termination.
He was hospitalized in early 2009, missed eight weeks, and notified ATI of absences; he claims lack of FMLA rights information.
Thompson contends ATI terminated him for a minor conduct error and retaliated for taking FMLA leave.
ATI moved to dismiss under Rule 12(b)(1), asserting claims fall under a mandatory arbitration provision in the CBA with Thompson's union.
The district court dismissed, finding the arbitration clause precluded the suit and that RLA limited court review of CBA interpretation.
Appellate posture: Thompson challenges the arbitration clause as part of an illegal, non-severable waiver of FMLA rights; court affirms arbitration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether RLA preemption applies to arbitration reference	Thompson	ATI	RLA preemption not controlling; reference to CBA is permissible
Whether arbitration clause is severable from an alleged unlawful waiver of FMLA rights	Thompson argues waiver invalid	ATI contends waiver is of forum, not claims	Waiver is of judicial forum, not FMLA rights; severability not required
Are Thompson's FMLA and ACRA claims subject to mandatory arbitration	Thompson seeks court review of statutory claims	Arbitration clause governs	Statutory claims can be arbitrated; arbitration governs

Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994) (RLA preemption framework for labor disputes)
Deneen v. Nw. Airlines, Inc., 132 F.3d 431 (8th Cir.1998) (preemption when interpretation of CBA is required)
Sturge v. Nw. Airlines, Inc., 658 F.3d 832 (8th Cir.2011) (distinguishes interpretation versus reference to CBA)
14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009) (waiver of judicial forum for statutory claims may be valid)
McNamara v. Yellow Transp., Inc., 570 F.3d 950 (8th Cir.2009) (employment-related civil rights claims can be arbitrated)