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VIRGIN ATLANTIC AIRWAYS v. NAT. MEDIATION BD.

Nos. 687, 688, Dockets 91-6211, 91-6223, 91-6225 and 91-6253.

956 F.2d 1245 (1992)

VIRGIN ATLANTIC AIRWAYS, LTD., Mario Batista, Lawrence French, Julio Rosa, Jose Marcello Garcia, John Aquino, and Edgar Lambertus, Plaintiffs-Appellees, Cross-Appellants, v. NATIONAL MEDIATION BOARD, an agency of the United States of America, International Brotherhood of Teamsters, Local 851, Anthony Farina, individually and as president of Local 851, International Brotherhood of Teamsters Airline Division, William Genoese, individually and as Director of International Brotherhood of Teamsters Airline Division, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 20, 1992.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Dept. of Justice, Washington, D.C., Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Ronald M. Etters, General Counsel, Nat. Mediation Bd., Washington, D.C., of counsel), for appellant Natl. Mediation Bd.

James A. McCall, Washington, D.C. (James T. Grady, General Counsel, Intern. Broth. of Teamsters, Washington, D.C., Jeffrey P. Englander, Morrison, Cohen, Singer & Weinstein, New York City, of counsel), for appellant Intern. Broth. of Teamsters.

Michael Delikat, New York City (Jill L. Rosenberg, Orrick, Herrington & Sutcliffe, of counsel), for appellees.

Before MESKILL, KEARSE and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

These appeals and cross-appeals involve the validity of a review by the United States District Court for the Eastern District of New York, Glasser, J., of the certification of an employee representative under the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq. The National Mediation Board (NMB) is empowered by section 2, Ninth of the RLA, 45 U.S.C. § 152, Ninth, to investigate and resolve disputes among employees of...

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