Michele H. Gehrke

Gehrke, a partner at Reed Smith in San Francisco, handles cases involving the Railway Labor Act which governs the airline and rail industry.

Early in her career, Gehrke was one of the few young female lawyers specializing in this practice.

"It was definitely a niche area," Gehrke said. "I was able to stand out in a crowd."

That knowledge gives her the ability to advise airline clients on issues such as paid sick leave, retaliation and other employment claims.

Gehrke said more of her time is spent doing traditional labor work and then using that experience in litigation. "A labor angle can be used to achieve early victories for our clients," she added.

Along with wage and hour claims, Gehrke advises clients on the California Labor Code, Fair Labor Standards Act and Fair Credit Reporting Act, Family and Medical Leave Act and Worker Adjustment and Retraining Notification (WARN) Act.

United Airlines Inc. retained Gehrke for defense in a case it inherited through its merger with Continental Airlines.

The plaintiff was fired from her pilot's job with Continental Airlines for failing alcohol tests twice. She unsuccessfully challenged her discharge in arbitration. Then she sued under the Railway Labor Act, seeking to vacate the arbitration award on public policy grounds.

The plaintiff lost in the Eastern District of Illinois, and in April, the 7th U.S. Circuit Court of Appeals unanimously affirmed. Betts v. United Airlines, 18-3336 (7th Cir., filed Oct. 30, 2018).

"The actual underlying facts were about a decade old," Gehrke said.

In April, the U.S. Supreme Court denied the plaintiff's petition for review. "In all the cases I've had, this is not one I'd imagine going up to the Supreme Court," Gehrke said.

-- Karen Weil