In defendant-Amtrak’s appeal from an order setting aside an award issued by a special adjustment board constituted pursuant to the Railway Labor Act (RLA), the order is reversed where the board did not exceed its jurisdiction under the RLA when it held that Amtrak was permitted to discipline an employee for conduct that occurred while that employee was functioning as a union representative.

Read United Transp. Union v. Nat’l. R.R. Passenger Corp., No. 08-0854

Appellate Information

Argued: April 3, 2009

Decided: December 9, 2009

Judges

Opinion by Judge Sullivan

Counsel

For Plaintiffs:

Kevin C. Brodar, Clinton J. Miller, III, United Transportation Union, Cleveland, OH

For Defendant:

Thomas E. Reinert, Jr., Jonathan C. Fritts and Kirsten B. White, Morgan Lewis & Bockius, LLP, Washington, DC

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