Holding that a court may appropriately consider an issue first presented on appeal where an intervening case authority might change the result because a party “can hardly be faulted for failing to raise an argument before there was legitimate legal support for such an argument”
In Russell, the Fifth Circuit reversed a decision by the National Mediation Board denying certification to an individual as class representative of carrier employees.
29 U.S.C. § 151 Cited 5,084 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
45 U.S.C. § 151 Cited 2,955 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."