Stanton v. Delta Air Lines Inc‪.‬

This case involves a question of appropriate procedural remedy after a court has found that a union failed to represent a member fairly on a matter subject to grievance arbitration under the Railway Labor Act (as extended to air carriers).1 The member, appellant John Stanton, initially sought arbitration of a grievance. The arbitration panel refused to consider his grievance on the ground that Stanton's arbitration request was too late. Stanton then brought a federal district court proceeding against both employer and union. The court found that the union's breach of the duty of fair representation it owed Stanton caused the lateness problem. As a remedy, the court, while retaining jurisdiction of Stanton's case, ordered the matter returned to the arbitration panel for consideration of the merits of the grievance. The panel decided against Stanton on the merits. Stanton now appeals the court's remedial decision, arguing inter alia that the court, not the arbitration panel, ought to have considered his grievance on its merits. We disagree and affirm the decision of the district court. I