1. Home
  2. Browse Decisions
  3. F.3d
  4. 663 F.3d
  5. 663 F.3d 476 (2011)
 

AIR TRANSP. ASS'N OF AMERICA v. NAT. MEDIATION BD.

Nos. 10-5253, 10-5254, 10-5255.

663 F.3d 476 (2011)

AIR TRANSPORT ASSOCIATION OF AMERICA, INC., Appellant v. NATIONAL MEDIATION BOARD, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2011.

Attorney(s) appearing for the Case

Robert A. Siegel argued the cause for appellants. With him on the briefs were Walter Dellinger , Micah W.J. Smith , John J. Gallagher , Neal D. Mollen , Igor V. Timofeyev , Mitchell A. Mosvick , Robin S. Conrad , and Glenn M. Taubman . Stephen D. Brody entered an appearance.

John S. Koppel , Attorney, U.S. Department of Justice, argued the cause for appellee National Mediation Board. With him on the brief were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and William Kanter , Attorney.

Roland P. Wilder Jr. , William R. Wilder , Nicholas Paul Granath , and Lucas K. Middlebrook were on the brief for appellees International Brotherhood of Teamsters, et al. James R. Klimaski entered an appearance.

Carmen R. Parcelli and Jeffrey A. Bartos were on the brief for amicus curiae Transportation Trades Department, AFLCIO in support of appellees.

Dissenting opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

The Railway Labor Act provides that "[t]he majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class." 45 U.S.C. § 152, Fourth. For seventy-five years, the National Mediation Board counted non-voters as voting against union representation, thereby requiring a majority of eligible voters to affirmatively vote for representation before a union could be certified. In...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases