Is a constitutional claim of a due process violation in the arbitration process entitled to judicial review?
Petitioner, Union Pacific Railroad Company (“Railroad”), asserts that three statutory grounds for judicial review included in the RLA are exclusive. See Brief for Petitioner, Union Pacific Railroad Company at 13. The three reasons specified in the statute are (1) “failure of the division to comply with the requirements of this chapter,” (2) “failure of the order to conform, or confine itself, to matters within the scope of the division’s jurisdiction,” or (3) “for fraud or corruption by a member of the division making the order.” See id. at 14 (citing 45 U.S.C. §153 First (q)). The Railroad supports this argument by looking at the clear language of the RLA amendment, drawing attention to the word “except.” See id. The Railroad also relies on the statutory and legislative history of the amendment for support. See id. at 17. The Railroad argues that Congress intervened in 1966 to equalize the playing field; prior to 1966 carriers could obtain judicial review while such review was prohibi
