Washington, D.C., partner Joseph Manson was quoted in the June 1, 2009, Law360 Employment Newsletter article, "Flight Attendant Spat Not Fit For Federal Court: 9th Circuit."
According to the article, ruling that the case is not fit for federal jurisdiction, a federal appeals court struck down a preliminary injunction granted to the Association of Flight Attendants union in a work scheduling dispute with Mesa Airlines Inc. and others. The dispute stems from the application of FAA regulations related to work schedules for airline employees. There are separate flight time limitations and rest requirements for crew members and flight attendants, and airlines are allowed to schedule flight attendants according to either set of guidelines, according to the article. In 2007, Mesa unilaterally adjusted scheduling for flight attendants in accord with the flight attendant rules rather than the crew member rules, after which the flight attendants filed suit.
Manson, who is representing Mesa in the case, said the appeals court ruling means Mesa can change between the regulations without being sued in federal court, though the union can take up its grievance before an arbitrator if they desire. The Ninth Circuit had merely followed existing legal precedent, Manson said, adding that he was pleased with the decision.
The decision was also covered in the June 3, 2009, edition of BNA's Daily Labor Report, which noted that Manson and fellow Washington, D.C., partner Marc Antonetti represented Mesa.