A divided U.S. appeals court on Wednesday said an Alaska Airlines Inc flight attendant’s claim that the company violated Washington state law by refusing to let her use accrued vacation time to care for her sick son was not preempted by federal labor law.
The 9th U.S. Circuit Court of Appeals in a 6-5 en banc decision said that because Laura Masserant’s claim required the application of the state law, and did not implicate her union’s collective bargaining agreement with the airline, it was not preempted by the federal Railway Labor Act. The RLA governs labor relations in the rail and airline industries.
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