Union Permitted To Proceed With Allegations Of Corruption By Railway.

In the arbitration of a railway employee’s wrongful discharge claim, a neutral arbitrator on the special adjustment board issued a draft award reinstating the employee. The railway representative said to the arbitrator:  “If you are going to issue these kinds of opinions, you will never work for a Class One railroad again,” whereupon the arbitrator recused herself and forwarded the matter to a different board for resolution.  The next board found in favor of the railway. The United Transportation Union filed a Petition for Review in federal district court under the Railway Labor Act [45 U.S.C. §153(q)], arguing the railway received its favorable outcome through corruption and requesting the court to set aside the award and reinstate the draft award favorable to the employee. The district court granted the railway’s motion to dismiss. The Ninth Circuit reversed, stating the district court was incorrect with its determination it lacked jurisdiction and with its finding the union failed to state a claim. United Transp. Union v. BNSF Ry. Co.  (Ninth Cir.; March 13, 2013) (Case No. 11-35714).