CSX Transportation is entitled to partial summary judgment on a sheet metal worker’s whistleblower retaliation claim under the Federal Railroad Safety Act, a federal court in Ohio ruled. The carrier gave the worker a 15-day suspension for allegedly breaking two safety rules after he reported that he had been injured in an accident while transporting a snowplow. He claimed that he was suspended in retaliation for reporting his on-the-job injury, in violation of the FRSA, but the court concluded that the worker failed to exhaust his administrative remedies because he didn’t allege in his Department of Labor retaliation charge that ...
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