Amtrak Can Fire Union Rep Under RLA: 2nd Circ.

Law360, New York (December 11, 2009, 12:41 PM EST) -- A federal appeals court has reversed a district court's decision that the Railway Labor Act prohibits Amtrak from disciplining an employee for improper conduct while he is acting as a union representative.

The U.S. Court of Appeals for the Second Circuit on Wednesday disagreed with the U.S. District Court for the Northern District of New York's determination in 2008 that the RLA “creates an unassailable 'cloak of immunity' for misconduct of railroad employees functioning in a representative capacity.”

“Obviously, we're pleased with prevailing on the appeal....
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