CSX TRANSPORTATION, INC. v. HEALEY

No. 16-2171, No. 16-2172.

861 F.3d 276 (2017)

CSX TRANSPORTATION, INC.; CSX Intermodal Terminals, Inc.; National Railroad Passenger Corporation, d/b/a Amtrak; Springfield Terminal Railway Company, Plaintiffs, Appellees, v. Maura HEALEY, in her official capacity as Attorney General of the Commonwealth of Massachusetts, Defendant, Appellant, Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers; Mechanical Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers; Brotherhood of Locomotive Engineers and Trainmen; Brotherhood of Maintenance of Way Employes Division/IBT; Brotherhood of Railroad Signalmen; International Brotherhood of Electrical Workers; National Conference of Firemen & Oilers District of Local 32BJ, SEIU, Defendants. CSX Transportation, Inc.; CSX Intermodal Terminals, Inc.; National Railroad Passenger Corporation, d/b/a Amtrak; Springfield Terminal Railway Company, Plaintiffs, Appellees, v. Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers; Mechanical Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers; Brotherhood of Locomotive Engineers and Trainmen; Brotherhood of Maintenance of Way Employes Division/IBT; Brotherhood of Railroad Signalmen; International Brotherhood of Electrical Workers; National Conference of Firemen & Oilers District of Local 32BJ, SEIU, Defendants, Appellants, Maura Healey, in her official capacity as Attorney General of the Commonwealth of Massachusetts, Defendant.

United States Court of Appeals, First Circuit.

June 23, 2017.


Attorney(s) appearing for the Case

Douglas S. Martland , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, and Pierce O. Cray , Assistant Attorney General, were on brief, for the Commonwealth appellant.

Michael S. Wolly , with whom Zwerdling, Paul, Kahn & Wolly, P.C., Richard S. Edelman , Mooney, Green, Saindon, Murphy and Welch PC, Washington, DC, Erika A. Diehl-Gibbons , Kevin C. Brodar , Cleveland, OH, and SMART-TD were on brief, for the union appellants.

Donald J. Munro , with whom Anthony J. Dick and Jones Day, Washington, DC, were on brief, for the appellees.

M. Patricia Smith , Solicitor of Labor, United States Department of Labor, G. William Scott , Associate Solicitor, Elizabeth Hopkins , Counsel for Appellate and Special Litigation, Melissa Moore , Attorney, Plan Benefits Security Division, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, United States Department of Justice, Civil Division, Alisa B. Klein , Attorney, Appellate Staff, Civil Division, Lindsey Powell , Attorney, Appellate Staff, Civil Division, and Carmen M. Ortiz , United States Attorney, on brief for the United States as amicus curiae in support of the appellants.

Before Lynch, Lipez, and Kayatta, Circuit Judges.


In 2014, Massachusetts voters enacted by plebiscite the Massachusetts Earned Sick Time Law ("MESTL"). 2014 Mass. Legis. Serv. ch. 505 (West). The law requires most employers with eleven or more employees to provide "[e]arned paid sick time" for a variety of reasons, including absence from work due to illness. Mass. Gen. Laws...

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