Rachel S. Janger

Senior Counsel

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Rachel S. Janger focuses her practice on Railway Labor Act (RLA) matters. She regularly represents employers before the National Mediation Board, in labor arbitrations, and in RLA-related litigation in courts at the state and federal levels. She also provides legal advice to clients on collective bargaining and labor issues arising from the bankruptcy of unionized employers. Rachel provides legal counsel to an array of businesses, including airlines, airline service providers, and non-profit organizations.

In addition to her work in the aviation industry, Rachel has spent more than a decade advising and providing training to clients on compliance with state and federal anti-discrimination and other employment and labor laws. Forging close relationships with her clients, she advises on termination and discipline decisions, as well as on issues arising under the National Labor Relations Act. She also drafts employment agreements and handbooks, and conducts and supervises internal investigations of alleged discrimination.

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Admissions

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • US District Court for the District of Columbia and the District of Maryland
  • US Court of Appeals for the Third Circuit

Education

  • New York University, J.D.: cum laude; Associate Editor, New York University Law Review
  • University of Pennsylvania, B.A., International Relations: cum laude

Professional Activities

Clerkships

  • Honorable Michael W. Farrell, DC Court of Appeals

Author

  • “The Essential Role of Workplace Culture in the New Whistleblower Era,” Corporate Counsel, co-authored with Aparna Joshi 

Senior Editor

  • “The Railway Labor Act, Third Edition,” 2014-2017 Cumulative Supplements, BNA Books
  • Represented an airline in litigation against the union representing its mechanics to stop a work slowdown causing flight delays and cancellations and prevailed in obtaining a temporary restraining order, a modified temporary restraining order, and a permanent injunction following a trial on the merits. See Am. Airlines, Inc. v. Transp. Workers Union of Am., AFL-CIO, Case No. 4:19-CV-414-A, 2019 WL 3774501 (N.D. Tex. Aug. 12, 2019).
  • Won summary judgment for Atlas Air and an order compelling the Atlas pilots’ union to arbitrate its refusal to negotiate a collective bargaining agreement. See Atlas Air, Inc. et al. v. International Brotherhood of Teamsters et al., Case No. 7:17-cv-00903-NSR (S.D.N.Y. 2018)
  • Obtained a preliminary injunction for Atlas Air that prohibited the International Brotherhood of Teamsters and its member pilots from engaging in slowdown activities designed to give the union greater leverage in ongoing collective bargaining negotiations. See Atlas Air, Inc. et. al. v. International Brotherhood of Teamsters et. al., Case No. 1:17-cv-01953-RDM (D.D.C. 2017)
  • Obtained a temporary restraining order prohibiting pilots from disrupting Spirit Airlines’ operations, and requiring the union and individual defendants to stop the pilots’ illegal job action. See Spirit Airlines, Inc. vs. Air Line Pilots Association, 2017 U.S. Dist. LEXIS 81596 (S.D. Fla. 2017)
  • Obtained dismissal of complaint brought by a putative class of pilots alleging breach of the collective bargaining agreement resulting in reduction of pay longevity and collusion in an alleged breach of the duty of fair representation by the pilots’ union. See Cunningham v. United Airlines, et al., 2014 U.S. Dist. LEXIS 13414, Case No. CV 13-5522 (N.D. Ill.  February 4, 2014), aff’d, 2014 U.S. App. LEXIS 19248 (7th Cir. Ill., Oct. 8, 2014)
  • Obtained dismissal of complaint challenging the company’s changes to its employee pass travel program following the merger of United and Continental Airlines. See Wyatt v. United Airlines, 200 L.R.R.M. (BNA) 3384, 2014 U.S. Dist. LEXIS 112202 (E.D.N.C  August 13, 2014)
  • Obtained dismissal of an action brought by a pilots’ union to confirm an arbitration decision on the ground that the court lacked subject-matter jurisdiction. See U.S. Airline Pilots Association v. US Airways, Inc., 2013 WL 5466838, Case No. 2:13-cv-0627 (W.D. Pa. 2013)
  • Represented an airline in obtaining a preliminary injunction against its pilots’ union to stop a work slowdown, which was later converted to a permanent injunction by agreement. See United Air Lines, Inc. v. Air Line Pilots Ass’n Int’l, 185 L.R.R.M. (BNA) 2562 (N.D. Ill. Nov. 17, 2008), aff’d, 563 F.3d 257 (7th Cir. 2009)
  • Represented an airline in action under 1113(e) of Bankruptcy Code, obtaining interim relief from collective bargaining agreements, and under Sections 1113(c) of the Bankruptcy Code, obtaining court-ordered rejection of collective bargaining agreements. See In re US Airways Group, Inc., Case No. 04-13819-SSM (Bankr. E.D. Va.)
  • Won appeal before the Third Circuit in an action alleging that the outsourcing of aircraft maintenance constituted a “major dispute” under the RLA. See International Ass’n of Machinists v. US Airways, Inc., 358 F.3d 255 (3rd Cir. 2004)
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