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R.R. YARDMASTERS OF AMERICA v. HARRIS

No. 82-2468.

721 F.2d 1332 (1983)

RAILROAD YARDMASTERS OF AMERICA v. Robert O. HARRIS, Chairman, National Mediation Board, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1983.

As Amended November 16, 1983.

Attorney(s) appearing for the Case

John C. Hoyle, Atty., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Anthony J. Steinmeyer, Atty., Dept. of Justice and Ronald M. Etters, General Counsel, National Mediation Board, Washington, D.C., were on brief, for appellants.

Michael S. Wolly, Washington, D.C., with whom Edward J. Hickey, Jr., Washington, D.C., was on brief, for appellee.

Before WALD and EDWARDS, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge WALD.

HARRY T. EDWARDS, Circuit Judge:

This case presents the issue whether section 4 of the Railway Labor Act1 permits a single member of the three-person National Mediation Board ("the Board") to act for the Board pursuant to a validly issued delegation order at a time when there are two vacancies on the Board.

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