America West Airlines, Inc. Edward R. Beauvais Michael J. Conway v. National Mediation Board

The National Mediation Board (“Board”) appeals the decision of the district court reported at 743 F.Supp. 693 (D.Ariz.1990) granting the motion of America West Airlines, Inc., (“America West” or “Carrier”) for a preliminary injunction. The district court enjoined the Board from mailing a notice to America West employees indicating America West violated provisions of the Railway Labor Act, as amended, 45 U.S.C. §§ 151-188 . The notice was to be sent in conjunction with a rerun representation election which the Board found necessary in light of America West’s conduct prior to the original election. Because distribution of the proposed notice would be in excess of the Board’s statutory authority, we affirm the ruling of the district court.

FACTS AND PROCEDURAL BACKGROUND

This case arose when the Association of Flight Attendants (“AFA”) filed an application with the Board pursuant to the Railway Labor Act, 45 U.S.C. § 152 , Ninth, alleging a representation dispute among a “craft or class” of America West employees which the Board eventually defined as “Flight Attendants.” See In re Association of Flight Attendants, 17 N.M.B. 79 , 79-80 (1990). Under section 152, Ninth, the Board is…