Sullivan v. Endeavor Air, Inc., No. 16-1653 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed the denial of the petition to vacate an arbitration award issued by a System Board of Adjustment under the Railway Labor Act, 45 U.S.C. 151 et seq. Petitioner, a pilot for a predecessor of Endeavor Air, had grieved his termination to the Board, arguing that his termination was without cause. The Eighth Circuit concluded that petitioner failed to allege any procedural deficiencies in the arbitration process and thus his procedural due process claim was without merit; the award does not violate public policy and petitioner's contention that the award affirms his termination was not a valid reason to set aside the award; because the Board's determination was not contrary to the plain language of the collective bargaining agreement (CBA), petitioner's argument that the Board's conduct violated the anti-harassment policy had no merit; and nothing in the CBA required any progression through the disciplinary measures and thus the Board properly applied the CBA.