Judge Domenico sided with A4A in keeping the commerce clause claim alive, acknowledging that the law could hinder the flow of passengers and cargo across state borders. The judge noted that determining whether the law presents a burden that necessitates national uniformity will require further factual investigation.
Airlines for America Sick Leave : Railway Labor Act Dismissal
Judge Domenico, however, dismissed A4A’s claim under the Railway Labor Act. The group contended that the sick leave law undermines collective bargaining agreements between airlines and unions. The judge disagreed, stating that the RLA is primarily concerned with the fairness of the bargaining process, not with specific contract terms. The Colorado law applies equally to union and nonunion employees, and does not interfere with core elements of collective bargaining such as strikes or lockouts.
Next Steps
With the dismissal of the RLA claim, the focus will now shift to examining the ADA and commerce clause claims. The case will proceed to discovery, where A4A will need to provide evidence supporting its contention that Colorado’s sick leave law significantly disrupts airline operations.
