HORIZON AIR INDUSTRIES v. NATIONAL MEDIATION BD.

No. 98-35767.

232 F.3d 1126 (2000)

HORIZON AIR INDUSTRIES, INC., a Washington Corporation, Plaintiff-Appellant, v. NATIONAL MEDIATION BOARD, Defendant-Appellee, International Brotherhood of Teamsters, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2000


Attorney(s) appearing for the Case

Michael R. Scott (argued); Eric D. Lansverk, Hillis Clark Martin & Peterson, Seattle, Washington, for the plaintiff-appellant.

Frank W. Hunger, Assistant Attorney General, Washington, D.C.; Katrina C. Pflaumer, United States Attorney, Seattle, Washington; William Kanter, Alfred Mollin, Robert Kamenshine (argued), Department of Justice, Washington, D.C., for the defendant-appellee.

Robert H. Gibbs, Gibbs Houston Pauw, Seattle, Washington; Edgar N. James, Marie Chopra, James & Hoffman, Washington, D.C.; William R. Wilder (argued), Baptiste & Wilder, P.C., Washington, D.C., for the intervenor-defendant-appellee.

Before: James R. BROWNING, Betty B. FLETCHER, and Ronald M. GOULD, Circuit Judges.


Argued and Submitted March 9, 2000 — Seattle, Washington

BETTY B. FLETCHER, Circuit Judge:

This case arises out of a representation dispute involving pilots at Horizon Air Industries ("Horizon"), a regional airline. Following an organizing campaign by the International Brotherhood of Teamsters ("IBT") in 1995, the National Mediation Board ("NMB" or "Board") conducted a representation election. Horizon's pilots failed to approve the IBT as their bargaining...

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