On May 2, 2012, American Airlines (“American”) filed suit against the National Mediation Board (“NMB”), seeking to prohibit the NMB from holding an election to determine who shall represent American’s passenger service employees unless the NMB had a “showing of interest” from more than 50 percent of the employees in the class. (Copy of complaint available here.) American claimed that the NMB did not have such showing of interest.
American then moved for a temporary restraining order on June 11, 2012, requesting that the Court prohibit the NMB from holding its election. (TRO brief available here.)
Judge Means, on June 13, 2012, issued a TRO because, among other things, “there is a substantial likelihood that American will prevail on its position—that the Board’s action in ordering the Representation Election without a showing of interest from at least fifty percent of the eligible employees—is in violation of section 1003 of the Federal Aviation Administration Modernization and Reform Act of 2012[.]”
Judge Means will hold a hearing on American’s request for a preliminary injunction on June 21, 2012.