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US AIRWAYS, INC. v. NATIONAL MEDIATION BD.

No. 98-5435.

177 F.3d 985 (1999)

US AIRWAYS, INC., Appellant, v. NATIONAL MEDIATION BOARD and Communications Workers of America, AFL-CIO, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1999.

Attorney(s) appearing for the Case

Robert A. Siegel argued the cause for appellant. With him on the briefs was Tom A. Jerman.

Bruce G. Forrest, Attorney, United States Department of Justice, argued the cause for appellee National Mediation Board. With him on the brief were Frank W. Hunger, Assistant Attorney General at the time the brief was filed, William Kanter, Deputy Director, and Ronald M. Etters, General Counsel, National Mediation Board. Theodore C. Hirt, Attorney, United States Department of Justice, entered an appearance.

James B. Coppess argued the cause for appellee Communications Workers of America, AFL-CIO. With him on the brief were Daniel M. Katz, Larry Engelstein, and Marsha S. Berzon.

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

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The National Mediation Board (NMB) found that U.S. Airways had interfered with its employees' free choice in a union representation election, and issued an order setting aside the results of that election (which the union had lost) and prescribing a re-run election (which the union won). US Airways challenged the Board's order in the...

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