Conductor's Pursuit of Arbitration under Railway Labor Act Didn't Bar his Railroad Safety Act Claim

A federal appellate court ruled that a railway worker could pursue a grievance through his union over his employer's decision to discipline him after he reported an injury while simultaneously pursuing a retaliation claim under the Federal Railroad Safety Act. Case: Norfolk Southern Railway Co. v. Perez, No. 14-3274, 02/18/2015, published. Facts: Marcus Kruse, a train conductor employed by the Norfolk Southern Railway Co., got hurt while at work in March 2010. He reported his injury and took a leave until August 2010. Shortly after he returned to work, the railway suspended him for ...