Horizon Air Industries, Inc. v. National Mediation Board

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 representative. The IBT filed a complaint with the NMB, alleging interference by Horizon in the election process. After investigation, the NMB found that Horizon had interfered in the election and ordered a new election. Horizon was required to post a notice concerning the finding of interference, and was ordered to refrain from further interference during the second election. In late 1997, the pilots cast their second set of ballots and approved the IBT as their representative. Horizon filed suit in the Western District of Washington, alleging that the NMB had exceeded its authority under the Railway Labor Act (“RLA”) and infringed the carrier’s First and Fifth Amendment rights. The district court granted summary judgment in favor of the NMB and dismissed the case with prejudice. Horizon timely appealed.

Reviewing de…