Where a railroad corporation sought review of a labor department decision finding that the railroad violated whistleblower retaliation provisions of the Federal Railroad Safety Act by suspending a locomotive engineer, the administrative review board and the administrative law judge committed ...

Tagged with: FRSA Whistleblower Retaliation

Where a plaintiff who suffered an eye injury while working for his railway employer challenged an adverse verdict on retaliation claims brought under the Federal Railroad Safety Act, the jury instructions misstated the “honestly held belief” defense in the context ...

Tagged with: FRSA jury instructions Retaliation

Hess v. Union Pacific Railroad Company (MLW No. 71940/Case No. 17-1167 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)

Tagged with: Employer – Employee FRSA Retaliation

Gunderson v. BNSF Railway Company (MLW No. 70276/Case No. 15-2905 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Employer – Employee FRSA Retaliation

Heim v. BNSF (MLW No. 70213/Case No. 15-3532 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)

Tagged with: Discipline Employee-Protections Provision FRSA Negligence

Blackorby v. BNSF Railway Company (MLW No. 70212/Case No. 15-3192 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)

Tagged with: FRSA Intentional Retaliation Jury Instruction Negligence