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INDEPENDENT UNION v. UNITED STATES DEPT. OF TRANSP.

No. 85-7665.

803 F.2d 1029 (1986)

INDEPENDENT UNION OF FLIGHT ATTENDANTS, Petitioner, Association of Flight Attendants, Air Line Pilots Association International, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Airline Division, et al., Petitioners-Intervenors, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Office of the Secretary, Respondent, Pan American World Airways, Inc. and United Airlines, Inc., Attendants, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

George H. Cohen, Bredhoff & Kaiser, Washington, D.C., for petitioner.

Stephen Maldoff, Cohen, Weiss & Simon, New York City, for Ass'n. of Flight Attendants.

James A. McCall, Washington, D.C., for Intern. Broth. of Teamsters, Chauffeurs, etc.

Thomas Ray, U.S. Dept. of Transp., Washington, D.C., for respondent.

Donald Bliss, William T. Coleman, O'Melveny & Myers, Washington, D.C., for Pan American World Airways, Inc.

Paul Duke, Charles A. Miller, Covington & Burling, Washington, D.C., for United Airlines, Inc.

O'Donnell & Schwartz, David B. Rosen, New York City, for Flight Engineers Intern. Ass'n & Transport Workers Union of America.

Before GOODWIN, ANDERSON and BRUNETTI, Circuit Judges.

GOODWIN, Circuit Judge:

Petitioner Independent Union of Flight Attendants (IUFA) and four labor organizations, as intervenors, seek review of the Department of Transportation's decision not to impose labor protective provisions on Pan American Airways' sale of its Pacific Basin route authorities and assets to United Airlines. The department concluded that labor protective provisions were unnecessary.

Petitioners argue that the decision was erroneously grounded...

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