UNITED AIR LINES, INC. v. AIRLINE DIV., ETC.

No. 838, Dockets 88-7940, 88-7952.

874 F.2d 110 (1989)

UNITED AIR LINES, INC., Plaintiff-Appellee, v. AIRLINE DIVISION, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA ("AIRLINE DIVISION"); William Genoese, an officer of the Airline Division; Local 851, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America ("Local 851"); Anthony Farina, an officer of Local 851, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 4, 1989.


Attorney(s) appearing for the Case

James A. McCall, Washington, D.C. (Stephen H. Kahn, New York City, James T. Grady, Gen. Counsel, Int'l Broth. of Teamsters, Washington, D.C., on the brief), for defendants-appellants.

Richard Schoolman, New York City (Eikenberry Futterman & Herbert, New York City, on the brief), for plaintiff-appellee.

(John R. Bolton, Asst. Atty. Gen., Anthony J. Stfinmeyer, Constance A. Wynn, Civ. Div., Dept. of Justice, Washington, D.C., Andrew J. Maloney, U.S. Atty., Brooklyn, N.Y., submitted an amicus curiae brief for the Nat. Mediation Bd.)

Before MESKILL and NEWMAN, Circuit Judges, and CONBOY, District Judge.


JON O. NEWMAN, Circuit Judge:

This appeal concerns the scope of a federal court's equitable powers in giving effect to the Railway Labor Act, 45 U.S.C. §§ 151-163, 181-188 (1982) ("RLA"). The precise question presented is whether a court may enjoin secondary picketing that would otherwise be lawful because a union has failed to seek judicial enforcement of the primary employer's obligation to bargain. This question arises on an appeal from the granting of...

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