Legal Opinion

Air Transport Ass'n of America, Inc. v. National Mediation Board

Court of Appeals for the D.C. Circuit

Decided December 16, 2011No. 10-5253, 10-5254, 10-5255PublishedCited by 54 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

The Railway Labor Act provides that “[t]he majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class.” 45 U.S.C. § 152, Fourth. For seventy-five years, the National Mediation Board counted non-voters as voting against union representation, thereby requiring a majority of eligible voters to affirmatively vote for representation before a union could be certified. In 2010, the Board issued a new rule:…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
  4. Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
  5. Department of the Interior v. Klamath Water Users Protective Ass'nSupreme Court of the United States · 2001

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3Cited by54 opinions

  1. Citizens for Appropriate Rural v. Anthony FoxxCourt of Appeals for the Seventh Circuit · 2016
  2. Guedes v. Bureau of Alcohol, Tobacco, FirearmsCourt of Appeals for the D.C. Circuit · 2019
  3. American Wild Horse Preservation Campaign v. Sonny PerdueCourt of Appeals for the D.C. Circuit · 2017
  4. New York v. U.S. Dep't of CommerceDistrict Court, S.D. Illinois · 2019
  5. Mississippi Commission on Environmental Quality v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2015

49 more not listed; retrieve them via the Exa API.

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