§ 2.4.7.1 NRAB PROCEDURES.

• Jurisdiction: Arizona

§ 2.4.7.1 NRAB Procedures. The NRAB is not bound by the Administrative Procedures Act or the Federal Rules of Evidence, although courts are divided on parties' entitlement to certain due process rights.³²

An appeal of an award in U.S. District Court³³ can only rest on these bases: (1) the NRAB violated the RLA, (2) the NRAB overstepped its jurisdiction, or (3) the presence of fraud or corruption³⁴ involving a member of the NRAB panel. Some courts have added a fourth basis because the petitioner was denied due process,³⁵ or on public policy grounds.³⁶ The Ninth Circuit Court of Appeals, however, with several other courts, has rejected public policy as a legitimate reason for appellate review of NRAB decisions.³⁷

The NRAB does not have jurisdiction until after the parties cannot resolve the dispute. The dispute must first be handled on the property in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes. If the parties cannot resolve the matter by negotiation or conference, then a petition can be filed with the division of the NRAB. Filing a petition may be submitted jointly or ex parte. Also, an employee may file a petition. After the NRAB has accepted jurisdiction, its process includes a hearing with all parties being given the opportunity to participate; i.e., to be represented by counsel, to examine and cross-examine witnesses, and to make a complete record.

Most the division must decide an issue. If the division cannot secure a majority vote, it may then select a neutral referee to sit with the division and make an award.³⁸...