SUMMIT AIRLINES v. TEAMSTERS LOCAL UNION NO.

No. 433, Docket 79-7538.

628 F.2d 787 (1980)

SUMMIT AIRLINES, INC., Plaintiff-Appellee, v. TEAMSTERS LOCAL UNION NO. 295 and Teamsters Local Union No. 851, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Does I Through XX, Defendants, and Teamsters Local Union No. 851, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Does I Through XX, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 11, 1980.


Attorney(s) appearing for the Case

Roland P. Wilder, Jr., Washington, D. C. (Mimi C. Satter, Washington, D. C. and Herbert A. Simon, Valley Stream, N. Y., on brief), for defendant-appellant.

Jefferson D. Kirby, III, Atlanta, Ga. (Ford, Harrison, Sullivan, Lowry & Sykes, Michael H. Campbell, Atlanta, Ga., Anthony J. Cutrona, DiCostanzo & Cutrona, Brooklyn, N. Y., on brief), for plaintiff-appellee.

Scott F. May and John Tucker Morse, Memphis, Tenn. (Cox, May & Thomas, Memphis, Tenn., of counsel), for Federal Express Corp. as amicus curiae.

Michael E. Abram, New York City (Cohen, Weiss & Simon, New York City, of counsel), for Air Line Pilots Ass'n, Intern. as amicus curiae.

Murray Gartner and Edward A. Brill, New York City (Poletti Freidin Prashker, Feldman & Gartner, New York City, of counsel), for Airline Industrial Relations Conference as amicus curiae.

Before FEINBERG, Chief Judge, and LUMBARD and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

The case presents a novel question under Title I of the Railway Labor Act of 1926 as amended, 45 U.S.C. §§ 151-160.1 It arises from the efforts of Teamsters Local 851 to force Summit Airlines, Inc., to recognize the Teamsters as the bargaining representative of Summit employees who work as cargo handlers at John F. Kennedy International Airport (JFK). Summit refused to extend recognition...

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