Port Auth. Trans-Hudson Co v. Sec’y, Dep’t of Labor

Bala, a unionized signal repairman, has worked for PATH since 1990. Signal repairmen of Bala’s seniority get 12.5 paid holidays and 23 paid vacation days per year. Separate from holidays and vacations, Bala took more than 600 sick and personal days through 2008. In 2007, Bala took 82 sick days, compared to the 17 days of sick leave per year typically taken by PATH’s unionized signalmen. PATH warned that if his attendance did not improve formal disciplinary action might be taken. On June 22, 2008, Bala experienced back pain while at home. The next day, Bala’s physician ordered him off work through July. PATH notified Bala of a hearing regarding his absenteeism. After that hearing, PATH suspended Bala for up to six days, without pay. Bala filed a complaint with the U.S. Secretary of Labor, alleging that the suspension was retaliation for taking statutorily protected sick leave, in violation of the Federal Railroad Safety Act, 49 U.S.C. 20101. The Review Board held that PATH violated the Act, which prohibits railroads from disciplining employees “for following orders or a treatment plan of a treating physician.” The Third Circuit reversed, holding that only physicians’ orders which stem from on-duty injuries are covered. View "Port Auth. Trans-Hudson Co v. Sec'y, Dep't of Labor" on Justia Law