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  5. 727 F.Supp. 639 (1989)
 

LOCAL 808 v. NATIONAL MEDIATION BD.

Civ. A. No. 88-1730 (HHG).

727 F.Supp. 639 (1989)

LOCAL 808, BUILDING MAINTENANCE, SERVICE AND RAILROAD WORKERS, et al., Plaintiffs, v. NATIONAL MEDIATION BOARD, Defendant.

United States District Court, District of Columbia.

May 19, 1989.

Attorney(s) appearing for the Case

James T. Grady, General Counsel, Wilma B. Liebman, Atty., Intern. Broth. of Teamsters, Roland P. Wilder, Jr., Christy Concannon, Baptiste & Wilder, Washington, D.C., for plaintiffs.

John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Theodore C. Hirt and Thomas A. Bovard, Attys., U.S. Dept. of Justice, Civ. Div. (Ronald M. Etters, General Counsel Nat. Mediation Bd., of counsel), Washington, D.C., for defendant Nat. Mediation Bd.

Walter E. Zullig, Jr., General Counsel, Mary Ann Mills, Associate Counsel, Metro-North Commuter R. Co., New York City, Arnold B. Podgorsky, Gerst, Heffner, Foldes and Podgorsky, Washington, D.C., for defendant-intervenor Metro-North Commuter R. Co.

OPINION

HAROLD H. GREENE, District Judge.

This case raises the question of how long the National Mediation Board (Board) may withhold arbitration of a labor dispute involving a labor union and a commuter railroad, on the basis that the Board is engaged in mediation, when no active mediation has been occurring for a very substantial period of time. The case is here on cross-motions for summary judgment.

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