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United States Ninth Circuit


United Transportation Union v. BNSF Railway Company, 11-35714

District court erred in denying plaintiff's petition for review of two Public Law Boards arbitration decisions concerning a dispute regarding a railway employee's discharge, and the order is reversed and remanded where: 1) the district court had jurisdiction under the Railway Labor Act; and 2) plaintiff stated a claim for corruption as to the order of the first Board by alleging that the defendant's Board representative had made an economic threat against the neutral member if she did not change the outcome of the draft decision, and as to the order of the second Board, by alleging that the second Board's neutral member had been made aware of the prior threat.

Appellate Information

  • Decided 03/13/2013
  • Published 03/13/2013

Judges

  • REINHARDT

Court

  • United States Ninth Circuit

Counsel

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