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KEY AIRLINES, INC. v. NATIONAL MEDIATION BD.

Civ. A. No. 89-3282 (HHG).

743 F.Supp. 34 (1990)

KEY AIRLINES, INC., Plaintiff, v. NATIONAL MEDIATION BOARD, Defendant.

United States District Court, District of Columbia.

July 31, 1990.

Attorney(s) appearing for the Case

Michael L. Lowry, Ford & Harrison, Atlanta, Ga., Thomas P. Murphy, McGuire, Woods, Battle & Boothe, Washington, D.C., for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Theodore C. Hirt, Joseph V. Jest, Attys., Federal Programs Branch, U.S. Dept. of Justice, Washington, D.C., for defendant; (Ronald M. Etters, Gen. Counsel, National Mediation Bd., of counsel).

Patrick J. Riley, Intern. Broth. of Teamsters, Washington, D.C., for International Broth. of Teamsters, Airline Div.; (James T. Grady, Gen. Counsel, Intern. Broth. of Teamsters, of counsel).

MEMORANDUM AND ORDER

HAROLD H. GREENE, District Judge.

Before the Court are cross-motions for summary judgment in a challenge by Key Airlines, Inc., to balloting procedures employed by the National Mediation Board in a representation election. Employees were instructed not to return ballots if they favored union representation but to return them only if they were opposed. The Mediation Board chose this method of proceeding because of Key's record of harassing...

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