Elam

Order in Favor of Defendant’s Cross Motion for Summary Judgment

Plaintiff brings this action against defendant seeking review and vacatur of Award 14 (the “Award”) of Public Law Board 7680 (the “Board”), pursuant to the Railway Labor Act, 45 U.S.C. sections 151 to 188, (the “RLA”). (Dkt. No. 7, FAC ¶ 1.) Specifically, plaintiff seeks review of the Board’s decision not to award him back pay after the Board reversed plaintiffs termination. The RLA provides that a district court may enter an order setting aside or remanding awards and orders of an arbitral board for the following reasons: (i) failure of the board to comply with the requirements of the RLA; (ii) failure of the order to conform, or confine itself, to matters within the scope of the board’s jurisdiction; or (iii) for fraud or conniption by a member of the board making the order. 45 U.S.C. § 153 (p).

Currently before the Court are cross-motions for summary judgment. Defendant moves for summary judgment to deny plaintiffs petition for vacatur. (Dkt. No. 39.) Plaintiff moves for summary judgment seeking to vacate the Award on the ground that the Board erred by failing to confine the Award to matters within the scope of…