Railway Labor Act
Link to Case
Keywords: Railway Labor Act, Union Representative, §152 (Third)
Panel: Cabranes, Hall, and Sullivan (SDNY)
Opinion by: Sullivan
Appeal from: NDNY (Kahn, USDJ)
Result: Reversed and remanded
The question on appeal is whether a special adjustment board (the “Board”) convened pursuant to the Railway Labor Act, 45 USC § 151 et seq. (the “RLA”) acted properly and within its jurisdiction when it permitted Amtrak to discipline an employee for actions the employee took while functioning as a union representative. Specifically, the employee attempted to bribe a witness at a disciplinary hearing with free Amtrak travel.
Judicial review of a board decision is limited and has been called “among the narrowest known to the law.” The district court overturned the board, holding that the RLA immunizes employees from misconduct while they are acting as union officials. The Court disagrees. The employee “was attempting to undermine Amtrak’s disciplinary process and effectively stealing from his employer at the same time. It is beyond doubt that an employer retains the authority to discipline its employees for such conduct, regardless of the context in which it occurs.” Thus, “under the narrow scope of judicial review afforded to the labor board decision in this matter, the Board acted properly in issuing its award.”
