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Straight
Track #250
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U.S. Court Of Appeals Upholds Contractual
Rights
Railroads Wrong Regarding FMLA
Alan Fisher
Attorney
Hoey & Farina
fisher@hoeyfarina.com
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Hoey & Farina would like to share with you a decision
issued by the United States Court of Appeals for the Seventh Circuit on
March 2, 2007, in the matter of
Brotherhood of
Maintenance of Way Employees, Rufilio G. Herrera, Joseph M. Franco, et
al. v. CSX Transportation, Incorporated, Burlington Northern and Santa
Fe Railway Company, Union Pacific Rail4road Company, et al. (No.
06-2744). In this case, the U.S. Court of Appeals affirmed that,
"… the FMLA does not allow carriers to violate
contractual obligations protected by the RLA regarding paid vacation and
personal leave time."
Prior to this decision, carriers forced employees
requesting time off under the FMLA to first use their vacation or sick
days. This practice, according to the court, denied railroaders' their
rights under their collective bargaining agreements and will no longer
be allowed.
This is a great victory for railroaders!
If you have any questions regarding this matter after
reading the decision, please contact our office at (888) 425-1212 or via
email at info@hoeyfarina.com.
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