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Railroad

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Labor and Employment

Our human resources attorneys have decades of railway labor experience and possess an institutional understanding of the industry and its unique set of employment concerns. Our Human Resources practice area focuses on the representation of railroads in all aspects of labor and employment law, including union-management relations under both the National Labor Relations Act and the Railway Labor Act.

We also defend employers in federal and state courts throughout the United States against labor and employment suits, including wrongful dismissal, age, race, disability, national origin and sex discrimination. We know the terminology of the industry; the unique work schedules and pay structure of train and engine service employees; and the grievance and arbitration process that so often occurs concurrently with the litigation of employment disputes.
  • Burlington Northern Santa Fe
  • CSX Transportation
  • Illinois Central Railroad Company
  • Kansas City Southern
  • Norfolk Southern
  • Rail America, Inc.
  • Union Pacific

Labor and Employment
Union Pac. R.R. Co. v. Surface Transportation Board  — Union and former employees initially prevailed in arbitration seeking severance benefits for approximately 310 employees, claiming that their job losses were causally related to a railroad merger. Each employee claimed to six years of severance pay, totaling approximately $21.2 million plus interest. Upon appeal to the Surface Transportation Board and then to the D.C. Circuit, the arbitrator’s finding was reversed, holding that there was no evidence in the record to support the finding that the outsourcing of MIS was causally related to the merger. The Court found that the STB acted arbitrarily and capriciously in upholding the finding.
Successfully defended lawsuits alleging bad faith actions by a major railroad involving its maintenance of way workers in the spring of 2007 and the spring of 2008.