U.S. High Court: Arbitration Awards Appeal Statutory, Not Constitutional, Matter
WASHINGTON, D.C. - The Seventh Circuit U.S. Court of Appeals was well within its rights when it set aside five decisions by the National Railroad Adjustment Board (NRAB) dismissing grievances for lack of jurisdiction after the Brotherhood of Locomotive Engineers and Trainmen, Central Region (BLET) was required to show evidence that it had held a conference in an attempt to resolve a dispute; however, the appellate panel “inappropriately placed its answer under a constitutional, rather than statutory, headline,” the U.S. Supreme Court ruled Dec. 8 in a unanimous opinion (Union Pacific Railroad Company v. Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Central Region, No. 08-604, U.S. Sup.).
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