United Transportation Union v. Bnsf Railway Company

This case concerns allegations of corruption by a representative of the BNSF Railway Company (“Railway”) during mandatory arbitration of a dispute relating to the discharge of a Railway employee, Richard Kite, represented by the United Transportation Union (“Union”). In brief, after a special adjustment board heard Kite’s case and the neutral member circulated a draft award reinstating him, the Railway representative allegedly threatened the member by stating, “If you are going to issue these kinds of opinions, you will never work for a Class One railroad again.” Within two months of the making of the alleged statement by the Railway representative, the neutral member recused herself and issued an order dismissing the case without prejudice. The case was then reassigned to a new board with a new neutral member (but with the same Railway and Union representatives). The new neutral member ruled against Kite and issued a final award in favor of the Railway. The Union filed a Petition for Review in federal district court under the Railway Labor Act, 45 U.S.C. § 153 (q) First, arguing that, because the Railway achieved this favorable outcome through corruption, the court…