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, railroads 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 1-888-425-1212 or via email at email@example.com.