Where do you litigate an ERISA disability claim governed by a collective bargaining agreement?

It has to be sent to arbitration, not to federal court, if the Railway Labor Act applies.

Here’s the case of Oakey v. US Airways Pilots Disability Income Plan, __ F.3d __, (D.C. Cir. July 19, 2013) (attached).

FACTS: Oakey, an airline pilot, submitted a disability claim with a Plan created through a union collective bargaining agreement, governed by the Railway Labor Act (RLA). Under the CBA, claims are reviewed and decided by the Retirement Board, comprised of two US Airways representatives, and two union representatives. A board decision is “final and binding.”  After Oakey was denied benefits, Oakey brought suit in federal court. The Plan contended the claim should be arbitrated, under the provisions of the RLA.

HELD: The District Court dismissed the case for lack of ERISA subject matter jurisdiction.

DC CIRCUIT HELD:  AFFIRMED Dismissal of Plaintiff’s Claim.

  1. ERISA does not displace the Railway Labor Act requirement that disputed claims be arbitrated.  Op. 6-10.
  2. Oakey’s claim for unpaid disability benefits involves “the application and interpretation” of the plan for which arbitration is compulsory under the RLA. Op. at 7.
  3. “[E]very circuit that has considered the issue has reached the same conclusion:…the district court lacks ERISA jurisdiction over a dispute involving the interpretation of a collectively bargained benefit plan within the exclusive jurisdiction of the appropriate adjustment board pursuant to the RLA.”  Op. at 7.

Key Take Away:  If you have an ERISA claim originating out of a collective bargaining agreement, check to see if the Railway Labor Act applies.  If it does, it is likely the case should be dismissed from federal court and arbitrated.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Mike Reilly Mike Reilly

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment…

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment advice, and has represented clients in more than 75 jury trials, arbitrations, bench trials and claims before the EEOC and Washington State Human Rights Commission.

Small and large employers retain Mike for his strategic advice and decades of experience in employment issues and litigation, business decisions and litigation avoidance. Mike provides advice in claims involving discrimination, retaliation, wrongful discharge, disability accommodation, ERISA and non-ERISA employee benefit claims, and wage/hour claims. He served as lead counsel in an employee raiding/trade secret case as reported in the Wall Street Journal, and defends employers in class action claims.

Mike’s remarks on employment issues have been quoted in NewsweekCorporate Legal TimesSeattle TimesEmployee Relations Law JournalPuget Sound Business JournalCFO.com, and other professional journals and management publications. Chambers USA’s Guide to America’s Leading Lawyers for Businessrates Mike in the top ranking (band one) for his work in labor and employment law, and has described him as “one of Seattle’s top-rate attorneys” who is “truly phenomenal [with] superb legal instincts” and “an amazingly assertive litigator.” His clients include Nordstrom, Seattle Seahawks, Home Depot, KeyBank, Starbucks, Fred Hutchinson Cancer Research Center, Red Robin and Seattle Chamber of Commerce, among others.