Legal Opinion · Dissent

Aircraft Service International Inc. v. International Brotherhood of Teamsters AFL CIO Local 117

Court of Appeals for the Ninth Circuit

Decided January 10, 2014No. 12-36026Published

1DissentM. Smith, Circuit Judge

I respectfully dissent.1 The majority concludes that Section 2, First of the Railway Labor Act (RLA),2 45 U.S.C. § 152, First (Section 2, First), imposes an unprecedented, amorphous duty to refrain from striking on the Airline Services International fuellers (Fuellers), while imposing no duty to negotiate on Airline Services International (ASIG) before it sought the injunction at issue in this case, despite the clear language of Section 8 of the Norris LaGuardia Act (NLGA), 29 U.S.C. § 108. The injunction upheld by the majority portends the reinsertion of federal courts into the “labor…

2Cases cited21 opinions

  1. Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
  2. International Ass'n of MacHinists v. StreetSupreme Court of the United States · 1961
  3. Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
  4. Brotherhood of Railroad Trainmen v. Chicago River & Indiana RailroadSupreme Court of the United States · 1957
  5. Brotherhood of Railroad Trainmen v. HowardSupreme Court of the United States · 1952

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