United States Ninth Circuit

Summary judgment rejecting petitioner's challenge to a Public Law Board (Board) arbitration decision affirming the termination of his employment is affirmed, where: 1) a preliminary on-property investigative hearing did not violate petitioner's due process rights because respondent railroad company was a private actor with respect to the hearing; 2) the Board did not violate petitioner's due process rights as the procedures used did not present a meaningful risk of an erroneous deprivation of petitioner's interest in maintaining his employment; and 3) the Board's decision not to remedy alleged procedural violations was beyond the scope of judicial review.

Appellate Information

• Decided 09/16/2014
• Published 09/16/2014

Judges

• Garbis

Court

• United States Ninth Circuit

Counsel