Selim v. Pan American Airways Corp.

Outcome: Reversed summary judgment based ALPA arbitration

Description: Shahir Selim was an Egyptian Arab who worked as a first officer for Pan American Airways Corp. He pursued several complaints about unfair treatment by Pan Am through both the grievance procedure under the collective bargaining agreement between Pan Am and the Airline Pilots Association and the U.S. Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Selim largely prevailed on the grievances, and pursued additional remedies in state court pursuant to the Florida Civil Rights Act of 1992 and the Florida Whistleblower's Act for discrimination and retaliation. The trial court granted a motion to dismiss/motion for summary judgment based on Pan Am's claims of res judicata,collateral estoppel and preemption by the Railway Labor Act. The appeals court rejected those claims, held that arbitration held pursuant to the ALPA collective bargaiing agreement did not estop Selim and that the Railway Labor Act did not preempt his claims under Florida's discrimination and retaliation statutes. The appeals court reversed the trial court and remanded the action for trial, which is still pending.