August 22, 2019 / 12:01 AM / a month ago

Conrail ducks brakeman's whistleblower retaliation case on appeal

A requirement that railroad workers file a complaint with the U.S. Occupational Safety and Health Administration within 180 days of a carrier engaging in whistleblower retaliation is not a rule that strips courts of jurisdiction over such cases, a federal appeals court ruled on Wednesday.

But while the 3rd U.S. Circuit Court of Appeals in Philadelphia held the rule was not a jurisdictional bar to hearing a former Consolidated Rail Corp conductor’s retaliation case, it ruled on other grounds the case remained untimely.

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