Air Line Pilots Association v. Miller Page 2

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

Jerry D. Anker:


Sandra Day O'Connor:

But then you... it doesn't get serious until after the fact.

Jerry D. Anker:

--Let me... if I can just finish, I think I'll... you'll see that part of it.

Sandra Day O'Connor:

Yes, okay.

Jerry D. Anker:

The statement is issued.

At that point, for the year in which it's issued, there is an immediate but only provisional adjustment put into place.

Then when that year is finished there is a final calculation and we actually either add charges or refund, depending on what the differences are.

It's at that point that the pilot has the right to challenge that calculation.

Now, when he does that, of course, he's challenging both the retrospective one and also the provisional one for the coming year, but that's the way our system works.

Other unions have a different system.

Other unions are always running 1 year behind, and they don't go back and make the retroactive adjustment, which we do.

Sandra Day O'Connor:

Have... has this Court ever required a nonsignatory to a contract to submit to arbitration rather than going to court?

Jerry D. Anker:

No, Your Honor, not to my knowledge, and I think that--

Sandra Day O'Connor:

It's kind of a big step to do.

I mean, it may--

Jerry D. Anker:

--Well, it's... it may--

Sandra Day O'Connor:

--help as a practical matter, but I just... I wondered what kind of authority there would be for that.

Jerry D. Anker:

--All right.

I think that's the core of this case, and I think to call it arbitration, which in a sense it is, is also in another sense misleading, because it is really not consensual arbitration, which is what most arbitration is, although I gather there are statutes... one of the Article III cases cited by counsel involves the FIFRA statute, which has a compulsory arbitration.

I think ERISA has a compulsory arbitration that's not consensual.

But in any event--

Antonin Scalia:

Of course, it is compulsory for the union here.

Jerry D. Anker:

--That's correct.

This is a--

Antonin Scalia:

I mean, we've done that half-way--

Jerry D. Anker:

--This is a special procedure.

We call it arbitration because it most resembles arbitration, but what the Court called it in Hudson was an impartial decisionmaker, and I think the vision that the Court had is that these disputes should be decided by some form of private process, arbitration-like process, or at least they should be submitted to such a process before they go to court.


William H. Rehnquist:

--Is this, Mr. Anker, strictly speaking, an impartial decisionmaker?

How are the people picked?