That is n
Chicago Truck Drivers, Helpers and Warehouse Workers Union(independent), Plaintiff-appellant, v. National Mediation Board, Defendant-appellee, 670 friend.2d 665 (7th Cir. 1982)
A real citation.
Part of the reasoning,
To be sure, this holding gives considerable latitude to the NMB and NLRB to divide their respective jurisdictions-at least in the abstract-prior to initiation of their statutory processes. When jurisdiction is given to the NMB, unless the jurisdictional division runs afoul of a clear and specific statutory directive, local unions unable to represent an employer's whole craft or class of employees will be without judicial review. Although this result may seem harsh, it comports with the recent Supreme Court decision of Federal Election Commission v. Democratic Senatorial Campaign Committee, --- U.S. ----, ----, 102 S. Ct. 38, 46, 70 L. Ed. 2d ---- defining the deference to be given to the Federal Election Commission's construction of its enabling statute:
To be certain, no airline designation has ever been upheld to place fedex drivers under the airline umbrella, it was simply a ruling and then this apellant challenge. These facts heard by the District Court and the 7th Circuit would not be those offered if what I have pushed for were [presented.
I have offered two separate employee actions, the first, not to report for work on dayside or nightside, their choice to force fedex to hear the concerns, those concerns would be addressed before the fleet blocked.
Secondly,
This week I mentioned an idea of all Western District drivers not appearing for work, this forces Fedex hand in dealing with a labor dispute, a small incident in Chicago, 40+ years ago that essentially affirmed RLA 1926, amended twice. The facts have changed, the law is antiquated and deserves a challenge.