United States Second Circuit

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.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• RICHARD J. SULLIVAN, District Judge:, Before:  CABRANES and HALL, Circuit Judges, and SULLIVAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kevin C. Brodar, Associate General Counsel (Clinton J. Miller, III, General Counsel, on the brief), United Transportation Union, Cleveland, OH, for United Transportation Union and Carmen J. Famulare., Thomas E. Reinert, Jr., (Jonathan C. Fritts and Kirsten B. White, on the brief), Morgan Lewis & Bockius, LLP, Washington, DC, for National Railroad Passenger Corporation (Amtrak).