Legal Opinion · Dissent

Aircraft Service International, Inc. v. International Brotherhood of Teamsters, Local 117

Court of Appeals for the Ninth Circuit

Decided March 10, 2015No. 12-36026Published

1Dissent

KLEINFELD, Senior Circuit Judge,

joined by O’SCANNLAIN, SILVERMAN and TALLMAN, Circuit Judges dissenting:

We should affirm. The district court and the panel opinion got it right. •

The Railway Labor Act protects the public from the consequences of some labor strife with an especially grave impact on those other than the companies and employees involved. That is why it mandates extensive negotiation, mediation, and arbitration procedures in any major transportation dispute1 before allowing lockouts or strikes. The anti-injunction provisions of the later Norris-LaGuardia Act cannot be read into…

2Cases cited17 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
  3. Brotherhood of Railroad Trainmen v. Chicago River & Indiana RailroadSupreme Court of the United States · 1957
  4. Chicago & North Western Railway Co. v. United Transportation UnionSupreme Court of the United States · 1971
  5. Brotherhood of Railroad Trainmen v. Toledo, Peoria & Western RailroadSupreme Court of the United States · 1944

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