Filed December 15, 2008
15 The Supreme Court made similar statements in two other RLA cases decided the same day. Gen. Comm. of Adjustment v. Missouri-Kansas-Texas R.R. Co., 320 U.S. 323, 336, 338 (1943) (Congress “fashioned an administrative remedy and left that group of [representation] disputes to the National Mediation Board,” and “Any decision on the merits would involve the granting of judicial remedies which Congress chose not to confer.”); Gen. Comm. of Adjustment v. Southern (continued...) Case 1:08-cv-02009-RWR Document 8 Filed 12/15/08 Page 15 of 27 - 14 - The D.C. Circuit has had occasion to consider Switchmen’s Union on a number of occasions.16 In AFA v. Delta Air Lines, Inc., 879 F.2d at 912 (emphasis added), for example, the court observed that: All of the courts of appeals to have considered the issue (as this court has not) have held that the question whether a union’s certification survives an airline merger is a matter within the exclusive jurisdiction of the NMB . . . .