Cowan v. Flying Tiger Line, Inc.

Opinion

FLEMING, J. William Cowan appeals an order dismissing with prejudice his complaint against The Flying Tiger Line, Inc. (Flying Tigers) after a demurrer to his complaint was sustained without leave to amend. Cowan was a co-pilot for Flying Tigers for 11 years and a member of the Air Line Pilots Association (ALPA). His complaint sought damages against Flying Tigers for wrongful discharge in violation of its collective bargaining agreement with ALP A and damages against Flying Tigers and certain of its officers for conspiracy to secure his wrongful discharge. The complaint referred to the collective bargaining agreement between Flying Tigers and ALP A in effect at the time of Cowan’s discharge (13 July 1966) and recited that Cowan had performed all of his obligations thereunder and had done nothing to justify the discharge. Additionally, the complaint averred that Cowan had been denied a fair hearing by the administrative tribunal created under the agreement to hear grievances in that the tribunal knowingly received false testimony in support of his discharge. ' "

The collective bargaining agreement provided: “[i]n compliance with Section 204, Title II, of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of the . . . Agreement . . . which are properly submitted to it . . . [t]he Board [of [551]Adjustment] shall have jurisdiction over disputes between any employee . . . and [Flying Tigers], growing out of grievances or out of interpretation or application of any of the terms of the . . . Agreement . . . [decisions of the Board in all cases properly referable to it shall be final and binding upon the parties thereto.” Prior to Cowan’s complaint he submitted the issue of the propriety of his discharge to the System Board of Adjustment created under the collective bargaining agreement and received an adverse determination from that board.

The System Board of Adjustment established under the collective bargaining agreement between Flying Tigers and ALPA was one mandated by 45 United States Code Annotated, section 184.1 2Its decisions thus carry the finality given them in 45 United States Code Annotated, section 153.2 (International Assn. of Machinists v. Central Airlines (1963) 372 U.S. 682 [10 L.Ed.2d 67, 83 S.Ct. 956].) As we have seen, the collective bargaining agreement itself provided that the Board’s decision would be final and binding.