National Railroad Passenger Corp. v. Fraternal Order of Police, No. 16-7004 (D.C. Cir. 2017)Annotate this Case
The court affirmed vacatur of an arbitrator's ruling that Amtrak must reinstate an employee Amtrak fired for misconduct, holding that contractual provisions could not "add to nor subtract from" an Inspector General's investigative authority under the Inspector General Act, 5 U.S.C. app. 3 section 8G. In this case, Rule 50 of the collective bargaining agreement stated that the police department had established procedures to govern the conduct and control of interrogatories. The court explained that a federal court, reviewing an arbitration award, may refuse to enforce contracts that violate law or public policy. Rule 50, as applied to the Amtrak Inspector General, was such a contractual provision and the district court was right in refusing to enforce the arbitrator’s award based on that provision.