Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246, 9 (1994)

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254

HAWAIIAN AIRLINES, INC. v. NORRIS

Opinion of the Court

expansive definition of "grievances" necessarily encompasses disputes growing out of "the interpretation or application" of CBA's. Thus, in attempting to save the term "grievances" from superfluity, petitioners would make the phrase after the "or" mere surplusage.

We think it more likely that "grievances," like disputes over "the interpretation or application" of CBA's, refers to disagreements over how to give effect to the bargained-for agreement. The use of "grievance" to refer to a claim arising out of a CBA is common in the labor-law context in general, see, e. g., Paperworkers v. Misco, Inc., 484 U. S. 29, 36 (1987), and it has been understood in this way in the RLA context. See H. R. Rep. No. 1944, 73d Cong., 2d Sess., 2-3 (1934) (referring to RLA settlement of "minor disputes known as 'grievances,' which develop from the interpretation and/or application of the contracts between the labor unions and the carriers"). Significantly, the adjustment boards charged with administration of the minor-dispute provisions have understood these provisions as pertaining only to disputes invoking contract-based rights. See, e. g., NRAB Fourth Div. Award No. 4548 (1987) (function of the National Rail Adjustment Board (Board) is to decide disputes in accordance with the controlling CBA); NRAB Third Div. Award No. 24348 (1983) (issues not related to the interpretation or application of contracts are outside the Board's authority); NRAB Third Div. Award No. 19790 (1973) ("[T]his Board lacks jurisdiction to enforce rights created by State or Federal Statutes and is limited to questions arising out of interpretations and application of Railway Labor Agreements"); Northwest Airlines/Airline Pilots Assn., Int'l System Bd. of Adjustment, Decision of June 28, 1972, p. 13 ("[B]oth the traditional role of the arbitrator and admonitions of the courts require the Board to refrain from attempting to construe any of the provisions of the [RLA]"); United Airlines, Inc., 48 LA 727, 733 (BNA) (1967) ("The

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