Brousil v. U.S. Dept. of Labor, Admin. Review Board

Federal 7th Circuit Court
Civil Court
Federal Railroad Safety Act
Citation
Case Number: 
No. 21-1532
Decision Date: 
August 9, 2022
Federal District: 
Petition for Review, Order of U.S. Dept. of Labor
Holding: 
Petition denied

Board did not err in finding in favor of respondent-railroad employer in petitioner-railroad employee’s action, alleging that respondent violated Federal Railroad Safety Act by suspending him on two occasions in retaliation for raising safety concerns and for refusing to engage in unsafe practices. Board could properly find that respondent would have issued same suspensions in absence of any protected activity, where record showed that: (1) petitioner failed to use reasonable safe alternatives to problems cited by petitioner; and (2) petitioner’s intransigence with respect to said alternatives constituted unprotected activity for which respondent could impose discipline.