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GRAND TRUNK WESTERN R. CO. v. U.S. DEPT. OF LABOR

No. 17-3083.

875 F.3d 821 (2017)

GRAND TRUNK WESTERN RAILROAD COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Administrative Review Board, Respondent, Webster Williams, Jr., Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 20, 2017.

Attorney(s) appearing for the Case

ARGUED: Holly M. Robbins , Littler Mendelson, P.C., Minneapolis, Minnesota, for Petitioner. Sarah Kay Marcus , United States Department of Labor, Washington, D.C., for Respondent. Robert B. Thompson , Harrington, Thompson, Acker & Harrington, LTD., Chicago, Illinois, for Intervenor. ON BRIEF: Holly M. Robbins , Joseph D. Weiner , Littler Mendelson, P.C., Minneapolis, Minnesota, for Petitioner. Sarah Kay Marcus , United States Department of Labor, Washington, D.C., for Respondent. Robert B. Thompson , Robert E. Harrington, III , Harrington, Thompson, Acker & Harrington, LTD., Chicago, Illinois, for Intervenor. Harry W. Zanville , La Mesa, California, Jacqueline M. Holmes , Jones Day, Washington, D.C., for Amici Curiae.

McKEAGUE, J., delivered the opinion of the court in which KEITH and STRANCH, JJ., joined. STRANCH, J. (pg. 831-32), delivered a separate concurring opinion.

OPINION

Despite having had its position derailed by every federal court to date, the Department of Labor's Administrative Review Board steams ahead. The Board interprets a retaliation clause in the Federal Railroad Safety Act (FRSA) — located in a recent amendment regarding "Prompt medical attention," 49...

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