Case Explained: UNITE HERE INTERNATIONAL UNION V. SKY CHEFS, INC.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-04 Docket: 2:22-cv-01938-PA-PVC The ninth-circuit vacated and remanded the district court’s order denying backpay to remedy a violation of Section 6 of the Railway Labor Act (RLA), 45 U.S.C. § 156. The court held that the district court erred in treating the award of backpay as discretionary, concluding instead that maintaining the status quo during a major dispute is an absolute statutory command that leaves no room for equitable discretion. Because Section 6 creates a right to the status quo itself, and because no other form of retrospective relief (such as damages) is available to vindicate this right, mandatory injunctive relief restoring the status quo—including backpay—is the only judicial remedy for past violations. The court applied the traditional burden-shifting framework used in labor statutes, requiring the Union to establish a prima facie case of violation and gross backpay amount, after which the burden shifts to the employer to prove mitigation of liability. The court determined that the district court’s reasons for denying backpay were legally insufficient or unsupported by the record, specifically noting that the provision of health insurance benefits did not automatically offset wage violations without evidence carried by the employer. On remand, the district court must determine the gross amount of backpay due and evaluate whether Sky Chefs’ liability should be mitigated by any amounts already paid or other equitable factors. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.