Philippine Airlines, Inc. v. National Mediation Board

MEMORANDUM AND ORDER

This is an action for declaratory relief, injunction, and mandamus under the Railway Labor Act [ 45 U.S.C. § 151 et seq.; § 181 et seq.], invoking jurisdiction under 28 U.S.C. §§ 1331 , 1337, 1361, 2201-02 and 5 U.S.C. § 702 and § 706, by plaintiff, Philippine Airlines (hereinafter “PAL”), an air carrier, against the National Mediation Board (hereinafter “NMB”), an administrative agency established pursuant to the Railway Labor Act, and six of its officers, alleging that the NMB has unlawfully certified the International Association of Machinists and Aerospace Workers (hereinafter “IAM”) as bargaining representative of a craft or class of PAL’s clerical, office, fleet, and passenger service personnel.

PENDING MOTIONS

The case is now before the court on defendant’s motion to dismiss, or in the alternative, for summary judgment. (Docket No. 7).

THE RECORD

The record before the court on the pending motion consists of PAL’s verified complaint and the NMB’s answer, along with the following evidentiary matters:

The NMB-’s affidavit of Rowland K. Quinn, Jr., Executive Director of the NMB, filed November 12, 1976, and attached exhibits; and PAL’s affidavit of…