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RUBY v. AMERICAN AIRLINES, INC.

No. 419, Docket 28417.

323 F.2d 248 (1963)

Charles H. RUBY, as President of the Air Line Pilots Association, International, and Air Line Pilots Association, International, an unincorporated association, Appellants, v. AMERICAN AIRLINES, INC., Appellee, and Nicholas J. O'Connell, Jr., individually, and as Chairman of the Master Executive Council of the pilots in the service of American Airlines, Inc., and the Negotiating Committee of said pilots, consisting of Richard Lyons, Robert T. Guba, Joseph Garvey, Paul Atkins and Nicholas J. O'Connell, Jr., ex officio, Additional Appellees.

United States Court of Appeals Second Circuit.

Decided September 16, 1963.

Attorney(s) appearing for the Case

Henry Weiss (Cohen & Weiss), New York City, (Herbert A. Levy, New York City, of counsel), for appellants.

Arthur M. Wisehart, New York City (George A. Spater, New York City, of counsel), for appellee American Airlines.

Martin C. Seham, New York City, for additional appellees.

Carl Eardley, Morton Hollander and Howard E. Shapiro, Attorneys, Dept. of Justice, Washington, D. C., filed brief amicus curiae on behalf of the National Mediation Bd.

Before CLARK, WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

This appeal again raises the problem as to the role of the courts with respect to labor disputes in an industry governed by the Railway Labor Act, 45 U.S.C. §§ 151-188. The Air Line Pilots Association (ALPA), a nationwide union of airline pilots, endeavored in this action to protect its historic status as bargaining representative of American Airlines' pilots, primarily by seeking injunctions that would prevent the defendants —...

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