Union Pacific Railroad Company v. United Transportation Union, Also Known as C & T, Also Known as Utu Kent H. Madison

For the reasons discussed below, I cannot agree with the majority opinion’s holding that federal courts can vacate arbitration awards under the Railway Labor Act on public policy grounds. Accordingly, I would reverse the decision of the district court and enforce the decision of the Board reinstating the employee, subject to the usual back-to-work examination, and awarding him back pay less 90 days for mishandling the switch.

Whether there is a public policy exception under the Railway Labor Act is a difficult question. On the one hand, as noted by the majority opinion, the scope of judicial…