World Airways, Inc. v. National Mediation Board, United States of America v. World Airways, Inc.

Good Law
347 F.2d 350·59 L.R.R.M. (BNA) 2617·1965 U.S. App. LEXIS 5189
United States Court of Appeals for the Ninth CircuitJune 21, 196519552_1California627 words

Opinion

Opinion

These two appeals were argued together. They present substantially the same questions. In No. 19,552 World Airways, an air carrier subject to the jurisdiction of the National Mediation Board under the Railway Labor Act ( 45 U.S.C. § 151 et seq.) sought to enjoin the Board and its members (1) from determining the appropriate crafts or classes among certain of its employees for purposes of collective bargaining, without affording it an opportunity to be heard on the issue of appropriate craft or class, (2) from conducting an election among its employees in any craft or class in which the form of ballot does not permit an eligible employee to cast a ballot against representation. It also sought a declaration of rights and a mandatory injunction requiring that it be granted a hearing and that the Board use the form of ballot which it considered proper.

In No. 19,465 the United States, on behalf of the Board, sought an injunction under 45 U.S.C. § 152 which would require World Airways to give the Board access to its records in order to enable the Board to carry out its duties under the Act. The record shows that the refusal by World Airways to give such access is based upon the same…

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