7061 East Pleasant Valley Road, Independence, Ohio 44131 • (216) 241-2630 / Fax: (216) 241-6516

News and Issues
User Info

9th Circuit says railroad law covered BNSF conductor, but tosses $1.2 million award

(Source: Westlaw News, November 8, 2018)

NEW YORK — A divided U.S. appeals court on Thursday said railway workers are not required to show that they were fired for refusing to violate a law or regulation in order to bring retaliation claims, in a case involving Texas-based BNSF Railway Co. The 9th U.S. Circuit Court of Appeals in a 2-1 ruling said a former Washington state-based conductor’s refusal to abort a safety procedure was protected by the Federal Railway Safety Act, even though he wrongly believed that the test was legally required. But the court unanimously ruled that the question of whether Curtis Rookaird’s refusal to stop performing a brake test was a “contributing factor” to his firing should have gone to a jury, and overturned a $1.2 million award.

Full story: Reuters

Friday, November 9, 2018

Like us on Facebook at

Sign up for BLET News Flash Alerts

© 1997-2019 Brotherhood of Locomotive Engineers and Trainmen


Decertification Helpline
(216) 694-0240

Sign up for BLET
News Flash Alerts


AAR reports rail traffic for week ending Jan. 12, 2019
KCS reports fourth quarter and full-year 2018 results
Hoffa, Teamsters call on Congress to reopen government
Siemens, Wabtec head to court in feud over PTC technology patents
BNSF’s Rose says rail industry is thriving, warns other execs: “Don’t screw it up”
Jury returns multimillion-dollar verdict in favor of BNSF worker hurt at Havelock Yard
Hinkle Yard affected by Union Pacific layoffs
White House renames rail nominees
Amtrak cancels trains, cuts service ahead of major winter storm
Despite outcry, Netflix refuses to cut Lac-Megantic rail disaster footage from show
KCS gets approval for crude oil export facilities at Port Arthur, Texas
Railroad industry surges during oil boom in southeast New Mexico
Q&A: RRB appeals procedure
Get the latest labor news from the Teamsters

More Headlines