Western Air Lines, Inc. v. Civil Aeronautics Board

Western Air Lines seeks review of two orders of the Civil Aeronautics Board retrospectively imposing labor protective provisions as a condition to the transfer by Western to United Air Lines of a certificate of public convenience and necessity for operation between Los Angeles and Denver (Route 68), and of various properties incident to the route.

The original proceeding, begun before the Board in 1947, involved the question whether approval of the proposed transfer should be conditioned upon observance by the parties of provisions designed to protect employees adversely affected by the transfer. The Air Line Pilots Association, an intervenor in the proceedings, specifically requested that protective conditions be imposed for the benefit of the Western pilots assigned to Route 68. A like request was made by the Brotherhood of Railway -and Steamship Clerks on behalf of Western’s clerical employees. Western agreed to submit information at the hearing concerning the effect of the transfer upon employees, and the hearing was in part devoted to this question. The Board’s original order, issued August 25, 1947, imposed no conditions on the subject. In its opinion or findings…