UNITED AIR LINES, INC. v. NATIONAL MEDIATION BOARD

Nos. 17777, 18068, 18072.

330 F.2d 853 (1964)

UNITED AIR LINES, INC., Appellant, v. NATIONAL MEDIATION BOARD et al., Appellees. NATIONAL MEDIATION BOARD et al., Appellants, v. ASSOCIATION FOR the BENEFIT OF NON-CONTRACT EMPLOYEES, Appellee. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES, Appellant, v. ASSOCIATION FOR the BENEFIT OF NON-CONTRACT EMPLOYEES, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 12, 1964.

Petition for Rehearing Denied April 14, 1964.


Attorney(s) appearing for the Case

Mr. Stuart Bernstein, Chicago, Ill., with whom Mr. James Francis Reilly, Washington, D. C., was on the brief, for appellant in No. 17777.

Mr. Milton Kramer, Washington, D. C., with whom Mr. James L. Highsaw, Jr., Washington, D. C., was on the brief, for appellant in No. 18,072.

Mr. Howard E. Shapiro, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David C. Acheson, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellees in No. 17,777 and for appellants in No. 18,068.

Mr. Alex L. Arguello, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. Jerome C. Muys, Washington, D. C., was on the brief, for appellee in No. 18,068 and No. 18,072. Mr. David Booth Beers, Washington, D. C., also entered an appearance for appellee in No. 18,068 and No. 18,072.

Mr. John E. Stephen, Washington, D. C., filed a brief on behalf of Air Transport Association of America, as amicus curiae, urging reversal in No. 17,777.

Mr. William G. Mahoney, Washington, D. C., filed a brief on behalf of Railway Labor Executives' Association, as amicus curiae, urging affirmance in No. 17,777.

Before WILBUR K. MILLER, BASTIAN and WRIGHT, Circuit Judges.


Petition for Rehearing in No. 17777 Denied April 14, 1964.

PER CURIAM.

These three appeals have been consolidated by this court. In our view Nos. 18,068 and 18,072 should be disposed of first, although they are later in their numbering.

In No. 18,068, the National Mediation Board appeals from an order issued by the District Court which, among other things, restrains the Board from conducting a representation election.

In No. 18,072, the Brotherhood...

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