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Maine Central Railroad v. Brotherhood of Maintenance of Way Employes

Citations: 117 F.R.D. 485; 127 L.R.R.M. (BNA) 2654; 1987 U.S. Dist. LEXIS 10579Docket: Civ. No. 86-0366 P

Court: District Court, D. Maine; October 27, 1987; Federal District Court

Narrative Opinion Summary

The case involves a motion for a protective order filed by a neutral arbitrator appointed by the National Mediation Board, who sought to prevent his deposition and the production of notes related to an arbitration award contested by the plaintiffs. The plaintiffs alleged exclusion of evidence during the arbitration process. The Court, aligning with the Ninth Circuit's emphasis on maintaining federal mediation impartiality, determined that the arbitrator's role in resolving labor-management disputes, particularly in the railroad industry, was crucial and should not be compromised by requiring testimony. The legislative intent of employing binding arbitration was considered significant in upholding the integrity of the mediation process. While acknowledging the public's right to evidence, the Court emphasized the need for mediators to preserve an impartial reputation, which could be jeopardized if they were compelled to testify. The Court highlighted the existence of alternative evidence and witnesses, thus mitigating the necessity for the arbitrator's deposition. Consequently, the motion for a protective order was granted, safeguarding the arbitrator from deposition and the release of his notes.

Legal Issues Addressed

Alternative Evidence in Arbitration Disputes

Application: The Court noted the availability of other evidence and witnesses to address disputes regarding the arbitration proceedings, reducing the need for arbitrator testimony.

Reasoning: It also notes the availability of other evidence and witnesses to address any disputes regarding the arbitration proceedings.

Impartiality of Federal Mediations

Application: The Court prioritized the impartiality of federal mediations over the potential benefits of the arbitrator's testimony, aligning with the Ninth Circuit's view.

Reasoning: The Court highlights that, while some neutral arbitrators have been deposed, it aligns with the Ninth Circuit's view that maintaining the impartiality of federal mediations is paramount and outweighs the potential benefits of the arbitrator's testimony.

Protective Orders in Arbitration Proceedings

Application: The Court granted a motion for a protective order to prevent the deposition of a neutral arbitrator and the production of his notes.

Reasoning: The memorandum addresses a motion by Arthur T. Van Wart, a neutral arbitrator appointed by the National Mediation Board, for a protective order to prevent his deposition and the production of his notes related to an arbitration award from October 30, 1986.

Public Right to Evidence vs. Mediator Impartiality

Application: The necessity for mediators to maintain an impartial reputation was deemed more critical than the public's right to evidence in this case.

Reasoning: The Court acknowledges the public's right to evidence but emphasizes the necessity for mediators to maintain an impartial reputation, which would be compromised if they were subject to testimonies about their arbitration activities.