Air Line Pilots Association v. Miller Page 18

Air Line Pilots Association v. Miller general information

Media for Air Line Pilots Association v. Miller

Audio Transcription for Oral Argument - March 23, 1998 in Air Line Pilots Association v. Miller

John Paul Stevens:

The arbitration doesn't bind the union... I mean, bind the member in the slightest.

He... it may change the calculation, but it's certainly not a remedy.

Jerry D. Anker:

Well, I agree it doesn't bind him, Your Honor--

John Paul Stevens:

Which most remedies do.

Jerry D. Anker:

--It's maybe just simply a semantic issue between us, but it's a remedy in the sense that it's a way in which he might get what he's looking for.

He might get the adjudication of the issue in his favor, and that would resolve the problem for him, or her, and that's why I would consider it a remedy.

But if the Court doesn't like that word, I think it's still analogous to a remedy in a typical exhaustion case such that the normal judicial discretion would apply.

William H. Rehnquist:

What's another typical exhaustion case that you're talking about, Mr. Anker, other than Maddox?

Jerry D. Anker:

Well, any kind of an exhaustion of administrative remedies.

William H. Rehnquist:

But those are governmental remedies.

Jerry D. Anker:

They are governmental remedies, but they're nonjudicial remedies, and even where the statute doesn't require--

William H. Rehnquist:

But the typical reason for exhausting judicial administrative remedies is to get the view of the administrator.

In other words, the Government policy maker might rule in your favor.

But we have never done that with a private organization.

Jerry D. Anker:

--Well, I think, Your Honor, you're making two points.

Let me take the first one first.

One of the reasons is the reason relating to the governmental decisionmaker, but the cases have stated several reasons.

Other reasons are efficiency, reasons of avoiding controversy in court if it's possible to do so.

It isn't... that isn't the only reason for exhaustion of administrative remedies.

Now, I'm not sure I can come up immediately with another example, other than Maddox, of an exhaustion of a private remedy, but Maddox is certainly a case of one, and it's one in which... actually the plaintiff in that case, the individual never consented.

The consent is only kind of a constructive consent, because of the fact that he is represented by the union.

William H. Rehnquist:

Thank you, Mr. Anker.

The case is submitted.