Union Pacific RLA Case Ends With Whimper, Not Bang
By Ben James (December 8, 2009, 7:07 PM EST) -- The U.S. Supreme Court on Tuesday sidestepped the question of whether courts can set aside National Railroad Adjustment Board decisions because of alleged due process violations, rejecting Union Pacific Railroad Co.'s challenge to a ruling that said the NRAB was wrong to dismiss employee claims.
Lawyers told Law360 that the outcome in Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Central Region, reflected a tendency on the part of the Supreme Court to rule on narrow grounds when possible.
The nation's highest court handed down a unanimous opinion — delivered by Justice Ginsburg —...
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