UNA CHAPTER, FLIGHT ENG. I. ASS'N v. NATIONAL MEDIATION BD.

No. 16332.

294 F.2d 905 (1961)

UNA CHAPTER, FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Appellant, v. NATIONAL MEDIATION BOARD, Francis A. O'Neill, Jr., Individually and as Chairman of the National Mediation Board, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 13, 1961.


Attorney(s) appearing for the Case

Mr. Isaac N. Groner, Washington, D. C., with whom Messrs. I. J. Gromfine and William B. Peer of Zimring, Gromfine & Sternstein, Washington, D. C., were on the brief, for appellant. Mr. Herman Sternstein, New York City, also entered an appearance for appellant.

Mr. Morton Hollander, Atty., Dept. of Justice, with whom Mr. William H. Orrick, Jr., Asst. Atty. Gen., and Mr. David C. Acheson, U. S. Atty., were on the brief, for appellees National Mediation Board and others. Mr. Carl W. Belcher, Asst. U. S. Atty. at the time the record was filed, and Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., also entered appearances for appellees National Mediation Board and others.

Mr. Stuart Bernstein, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Robert L. Stern, Chicago, Ill., and James Francis Reilly, Washington, D. C., were on the brief, for appellee United Air Lines, Inc.

Mr. Benjamin M. Shieber, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Benedict F. FitzGerald, Jr., Washington, D. C., was on the brief, for appellee Air Line Pilots Ass'n, International.

Mr. William J. Potts, Jr., Washington, D. C., with whom Mr. Andrew G. Haley, Washington, D. C., was on the brief, for appellee Richard L. Keller and others.

Messrs. Clarence M. Mulholland, Edward J. Hickey, Jr., and William G. Mahoney, Washington, D. C., filed a brief on behalf of Railway Labor Executives' Ass'n as amicus curiae, urging reversal. Mr. James L. Highsaw, Jr., Washington, D. C., also entered an appearance for Railway Labor Executives' Ass'n as amicus curiae.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.


WASHINGTON, Circuit Judge.

This is a labor case, in which the central question is whether the Federal courts have jurisdiction to review a challenged order of the National Mediation Board. The UNA Chapter, Flight Engineers' International Association, AFL-CIO (FEIA), brought suit in the United States District Court for the District of Columbia against the National Mediation Board (NMB) and its members, the Air Line Pilots Association, International (ALPA), and United...

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