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INTERN. ASS'N OF MACHINISTS v. NAT. MEDIATION BD.

No. 90-5201.

930 F.2d 45 (1991)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Appellant v. NATIONAL MEDIATION BOARD, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 1991.

As Amended April 29, 1991.

Attorney(s) appearing for the Case

Michael S. Wolly, Washington, D.C., for appellant.

Marc Richman, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., William Kanter, Attorney, Dept. of Justice, and Ronald M. Etters, General Counsel, Nat. Mediation Bd., were on the brief, Washington, D.C., for Federal appellees. R. Craig Lawrence and Susan A. Nellor, Asst. U.S. Attys., entered appearances, Washington, D.C., for Federal appellees.

Peter Buscemi, with whom William J. Curtin, Harry A. Rissetto and Thomas J. O'Brien were on the brief, Washington, D.C., for appellee Nat. Ry. Labor Conference.

Before: SILBERMAN, WILLIAMS, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Since October 1988, appellant International Association of Machinists & Aerospace Workers ("the IAM") has participated in mediation conducted pursuant to the Railway Labor Act under the auspices of appellee National Mediation Board ("NMB" or "Board"). The Board has sought to settle a nationwide collective bargaining dispute between virtually all of the nation's rail carriers...

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