Legal Opinion

Rocky Mountain Airways Maintenance Ass'n v. Rocky Mountain Airways, Inc.

District Court, D. Colorado

Decided August 24, 1992No. Civ. A. No. 92-B-635Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants move to dismiss for lack of subject matter jurisdiction under the Railway Labor Act, 45 U.S.C. § 151, et seq. Hearing on the motion was held on August 19, 1992. Because this action necessarily implicates representation issues that are vested exclusively in the National Mediation Board (NMB), I do not have jurisdiction and the motion to dismiss is granted.

Plaintiff Rocky Mountain Airways Maintenance Association (the Union) has been the duly certified bargaining representative of Rocky Mountain Airway’s ground and aircraft…

2Cases cited5 opinions

  1. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  2. Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
  3. Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes v. United Air Lines, Inc.Court of Appeals for the Sixth Circuit · 1963
  4. Association of Flight Attendants, Afl-Cio v. Delta Air Lines, IncCourt of Appeals for the D.C. Circuit · 1989
  5. Southern Railway Company v. American Train Dispatchers Association, Railway Labor Executives Association, Amicus Curiae. (Two Cases)Court of Appeals for the Fourth Circuit · 1991

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