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BRANIFF MASTER EXECUTIVE COUNCIL, ETC. v. C.A.B.

No. 82-1482.

693 F.2d 220 (1982)

BRANIFF MASTER EXECUTIVE COUNCIL OF the AIR LINE PILOTS ASSOCIATION INTERNATIONAL, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Eastern Air Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 19, 1982.

As Modified on Denial of Rehearing January 10, 1983.

Attorney(s) appearing for the Case

Daniel M. Katz, Washington, D.C., for petitioner.

Mark W. Frisbie, Atty., C.A.B., with whom William F. Baxter, Asst. Atty. Gen., Ivars V. Mellups, Acting Gen. Counsel, Thomas L. Ray, Acting Associate Gen. Counsel, C.A.B., John J. Powers, III, and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondent. Alan R. Demby, Atty., C.A.B., Washington, D.C., also entered an appearance for respondent.

Robert N. Duggan, Washington, D.C., for intervenor, Eastern Air Lines, Inc.

Before MacKINNON and GINSBURG, Circuit Judges, and BAZELON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Following a practice the Interstate Commerce Commission developed in railroad consolidation cases,1 the Civil Aeronautics Board (CAB or Board) historically has conditioned approval of airline route transfers and mergers upon carrier acceptance of terms mitigating hardship to employees. See United-Capital Merger Case, 33 C.A.B. 301, 323 (1961...

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