Jennifer Miller v. Southwest Airlines Company

Summary

The Seventh Circuit held that claims under Illinois's Biometric Information Privacy Act (BIPA) against air carriers for using fingerprint timekeeping systems are minor disputes under the Railway Labor Act (RLA) because they require interpretation of collective bargaining agreements, and thus must be submitted to an adjustment board rather than litigated in court. The court also found that the plaintiffs had Article III standing based on the concrete interest in the terms and conditions of employment and the increased risk of data disclosure. The suit against Southwest was affirmed as properly dismissed, and the suit against United was vacated and remanded with instructions to refer the dispute to an adjustment board, with federal question jurisdiction supporting removal.

Holdings

1. Yes, because the claims necessarily involve the interpretation and application of collective bargaining agreements, and thus must be resolved by an adjustment board, not by a court.
2. Yes, because the plaintiffs seek a material change in their terms and conditions of employment (discontinuation of fingerprinting or higher wages), and because the alleged retention of biometric data and use of third parties creates a risk of disclosure, which is a concrete injury.
3. Yes, a union qualifies as a legally authorized representative under BIPA.
4. Yes, because the claims are completely preempted by the Railway Labor Act, thus arising under federal law for jurisdictional purposes.

Questions Presented

1. Whether the plaintiffs' BIPA claims against air carriers constitute 'minor disputes' under the Railway Labor Act that must be resolved by an adjustment board.
2. Whether the plaintiffs have Article III standing to sue under BIPA.
3. Whether the suit against United Airlines was properly removed to federal court.

Disposition

The judgment in Miller v. Southwest Airlines is affirmed. The judgment in Johnson v. United Airlines is vacated, and the case is remanded with instructions to refer the parties' dispute to an adjustment board.