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LOCAL 808 v. NATIONAL MEDIATION BD.

Nos. 89-5153, 89-5154.

888 F.2d 1428 (1989)

LOCAL 808, BUILDING MAINTENANCE, SERVICE AND RAILROAD WORKERS and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellees, v. NATIONAL MEDIATION BOARD and Metro-North Commuter Railroad Company, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1989.

Attorney(s) appearing for the Case

Marc Richman, Atty., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., Stuart E. Schiffer, Acting Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, Washington, D.C., Ronald M. Etters, Gen. Counsel, Nat. Mediation Bd. were on the brief, for appellant Nat. Mediation Bd.

Arnold B. Podgorsky, Washington, D.C., with whom Robert Bergen and Walter E. Zullig, Jr., New York City, were on the brief, for appellant Metro-North Commuter R.R. Co.

Roland P. Wilder, Jr., Washington, D.C., with whom Christy Concanon was on the brief, for appellees.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.

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

Dissenting opinion filed by Circuit Judge MIKVA.

HARRY T. EDWARDS, Circuit Judge:

This appeal challenges an unprecedented judgment of the District Court ordering the National Mediation Board ("NMB" or "Board") to terminate mediation and proffer arbitration in connection with a "major dispute" between Local 808, Building Maintenance, Service and Railroad Workers ("Union" or "Local 808")...

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