dapoes
Veteran
- May 17, 2008
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Actually there is already precedent under US AIRWAYS vs NMB where as a federal court has held that a carrier has a First Amendment right to express its views during a union organizing campaign.Freedom of speech is only when the government tries to restrict you from speaking out, it does not apply to corporations or individuals speaking out, there is no such things as freedom of speech. You cant yell fire in a crowded movie theater nor curse on TV.
D.C. CIRCUIT COURT OF APPEALS VOIDS NMB CERTIFICATION BASED
ON FIRST AMENDMENT VIOLATION.
In US Airways v. National Mediation Board, the United States Court of Appeals for the
District of Columbia Circuit held that the NMB violated the First Amendment when it directed a
rerun election among US Airways’ passenger service employees in June 1997, and certification of
the Communication Workers of America (“CWAâ€) as the result of the rerun election was invalid.
This decision marks the first time that a federal court has held that a carrier has a First
Amendment right to express its views during a union organizing campaign, and the first that time
a federal court has invalidated an NMB certification based on a constitutional violation. The
decision also rejects the “peek at the merits†standard for evaluating constitutional issues and
should provide a potent weapon for carriers to challenge the NMB’s current approach in carrier
interference cases.
Yes that is correct, it was set up to protect interstate commerce due to the unions basically shutting down the railways back in the day.And by the way, the RLA is set up to protect business' not employees who want to unionize.