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PORT AUTHORITY TRANS-HUDSON CORP. v. SECRETARY

No. 13-4547.

776 F.3d 157 (2015)

PORT AUTHORITY TRANS-HUDSON CORP., Petitioner v. SECRETARY, UNITED STATES DEPARTMENT OF LABOR, as Delegated to the Administrative Review Board, Respondent *Christopher Bala, Intervenor *(Pursuant to the Clerk's Order dated 2/6/14).

United States Court of Appeals, Third Circuit.

Filed: January 15, 2015.

Attorney(s) appearing for the Case

Megan Lee, Esq. (argued), Port Authority of New York & New Jersey, Litigation and Corporate Security, New York, NY, for Petitioner.

Steven W. Gardiner, Esq. (argued), United States Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Lawrence M. Mann, Esq. , Alper & Mann, Bethesda, MD, for Amicus-respondent.

Ronald M. Johnson, Esq. (argued), Jones Day, Washington, DC, for Amicus-petitioner.

Charles C. Goetsch, Esq. (argued), Cahill, Goetsch & Perry, New Haven, CT, for Intervenor respondent.

Harry W. Zanville, Esq. , San Diego, CA, for Amicus-respondent.

Before: SMITH, HARDIMAN, and BARRY, Circuit Judges.

OPINION

Petitioner railroad Port Authority Trans-Hudson Corporation ("PATH") challenges a decision and order of the Administrative Review Board of the United States Department of Labor, which held that PATH violated the Federal Railroad Safety Act when it suspended one of its employees for excessive absenteeism. Specifically...

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