CSX Workers’ Suit Survives Over Discipline for Taking Leave

CSX Transportation Inc. failed to shake off a proposed class action alleging the freight rail company wrongly suspended or fired employees who took time off under the Family Medical Leave Act during the Christmas season in 2017 and New Year’s Day 2018.

CSX moved for summary judgment on two grounds: preemption under the Railway Labor Act, and issue preclusion.

The RLA doesn’t preempt the workers’ FMLA claims, and arbitration rulings in challenges brought by the union don’t preclude consideration of the issues, Judge James K. Bredar of the US District Court for the District of Maryland said, denying the company’s ...