World Airways, Inc. v. National Mediation Board
| Decision Date | 21 June 1965 |
| Docket Number | No. 19465,19552.,19465 |
| Parties | WORLD AIRWAYS, INC., Appellant, v. NATIONAL MEDIATION BOARD et al., Appellee. UNITED STATES of America, Appellant, v. WORLD AIRWAYS, INC., Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John W. Douglas, Asst. Atty. Gen., Morton Hollander, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellant and cross-appellee U. S. A.
Jerome C. Byrne, Jan Vetter, Gibson, Dunn & Crutcher, Los Angeles, Cal., for appellees and cross-appellants World Airways, Edward J. Daly and Peter T. Craven.
Before ORR, BROWNING and DUNIWAY, Circuit Judges.
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 contentions as it raises in its complaint in No. 19,552. World Airways counterclaimed for the same relief that it requested in No. 19,552, and on the same grounds.
In No. 19,552 the court denied World Airways' motion for a preliminary injunction and denied the Board's motion for an order dismissing the complaint or for summary judgment, without prejudice to either party to renew such motions at such time as three cases then pending in the United States Supreme Court were finally decided, or at such time as the Board might agree to use a form of ballot which would permit an eligible employee to cast a ballot against representation, whichever time might be sooner. World Airways appeals. I...
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