Articles Discussing Case:
Ogletree Deakins • March 21, 2014
Last week, the Seventh Circuit Court of Appeals decided Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Company, No. 12-3415 (March 11, 2014). In the case, an employee claimed to have suffered injuries after driving the carrier’s truck over a bump in the road and hitting his head on the ceiling of the cab. The carrier hired an expert to reconstruct the accident, and the expert’s report concluded that it had been an “extremely remote” chance that the bump in the road had caused the employee’s injury. Later, the carrier held an investigative hearing to determine whether the employee had made false statements concerning his injuries. At the investigation, and without disclosing it prior to the hearing, the employer presented the expert’s report. After the investigation, the employee was discharged. The union tried to vacate the employee’s dismissal in court, but was unable to do so.