Flight Options, LLC; Flexjet, LLC; OneSky Flight, LLC; Flight Options Holding I, Inc., Plaintiffs/Counter-Defendants-Appellants,
International Brotherhood of Teamsters, Local 1108; International Brotherhood of Teamsters, Airline Division, Defendants/Counter-Claimants-Appellees.
Argued: October 5, 2017
from the United States District Court for the Northern
District of Ohio at Cleveland. No. 1:16-cv-00732-James S.
Gwin, District Judge.
Chris Harrison, OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C., Memphis, Tennessee, for Appellants.
Petroff, BARKAN MEIZLISH, LLP, Columbus, Ohio, for Appellees.
Chris Harrison, Audrey M. Calkins, Zachary W. Hoyt, OGLETREE,
DEAKINS, NASH, SMOAK & STEWART, P.C., Memphis, Tennessee,
Petroff, Trent R. Taylor, BARKAN MEIZLISH, LLP, Columbus,
Ohio, Nicolas M. Manicone, Deirdre Hamilton, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, Washington, D.C., for Appellees.
Before: SUTTON, DONALD, and THAPAR, Circuit Judges.
THAPAR, Circuit Judge.
weather causes turbulence. As it turns out, so does merging
two luxury airlines. A few years ago, Flight Options
announced that it would acquire and merge operations with
Flexjet. The airlines and their pilots' union have been
fighting ever since-and have become frequent fliers in this
circuit. This is the second time the parties have been before
us this year. Their first appeal was about how to combine the
pilots' seniority lists. See Flight Options, LLC v.
Int'l Bhd. of Teamsters, Local 1108, 863 F.3d 529
(2017). This appeal is about how to integrate the pilots
under one collective-bargaining agreement.
International Brotherhood of Teamsters has represented the
Flight Options pilots for over ten years. And when Flight
Options and Flexjet announced a merger, the Flexjet pilots
elected the Teamsters to represent them too. Now the airlines
and the union have to find a way to fold the Flight Options
and Flexjet pilots into one labor group.
Options and the union already have a collective-bargaining
agreement that says what should happen in the event of a
merger. Section 1.5(c)(4) requires the airlines and the union
to modify the agreement "in those respects necessary to
permit the integration" of new pilots. The parties have
nine months to execute a modified agreement. If they ...