United States Ninth Circuit

The district court's preliminary injunction under the Railway Labor Act (RLA) against a strike by aircraft fuelers is reversed and vacated, where: 1) the district court erred in failing to consider whether, prior to seeking a preliminary injunction, the fuelers' employer had made "ever reasonable effort to settle the labor dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration," as required by Section 8 of the Norris-LaGuardia Act (NLA); 2) the record lacked any evidence that the employer had done so; and 3) the RLA creates an exception to the NLA, but this exception is limited and does not include Section 8.

Appellate Information

• Decided 03/10/2015
• Published 03/10/2015

Judges

• Owens

Court

• United States Ninth Circuit

Counsel