A U.S. appeals court on Thursday said a U.S. Department of Labor panel wrongly ruled that Canadian Pacific Railway unlawfully retaliated against an engineer who was suspended for waiting to report a physical altercation with a coworker while they were moving 81 train cars of flammable ethanol.
A unanimous three-judge panel of the 8th U.S. Circuit Court of Appeals said the railroad reasonably suspended Mark Riley because of his delay, and not in retaliation for reporting the incident, reversing a ruling by DOL’s Administrative Review Board (ARB).
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