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RAILWAY LABOR EXECUTIVES' ASS'N v. NATIONAL MEDIATION BD.

Nos. 91-5223, 91-5310.

988 F.2d 133 (1993)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, et al., Appellants, v. NATIONAL MEDIATION BOARD, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1993.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., with whom L. Pat Wynns was on the brief, for appellants. William G. Mahoney, Washington, DC, entered an appearance for appellants.

Edward T. Swaine, Atty., Dept. of Justice, with whom Ronald M. Etters, Gen. Counsel, Nat. Mediation Bd., and Barbara C. Biddle, Washington, DC, Atty., Dept. of Justice, were on the brief, for appellee Nat. Mediation Board.

Richard T. Conway, Washington, DC, Thomas J. Knapp, and Lawrence M. Stroik, Fort Worth, TX, filed a brief, for appellees Burlington Northern R.R. Co. and Nat. Ry. Labor Conference.

Before: EDWARDS, RUTH BADER GINSBURG, and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

RUTH BADER GINSBURG, Circuit Judge:

In response to the increase in railroad mergers and consolidations in the 1980s, the National Mediation Board (NMB or Board) changed its approach to the certification — and decertification — of collective...

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