(Source: Bloomberg BNA, March 13, 2017)
NEW YORK — A railroad union activist failed to prove BNSF Railway Co. fired him because of his advocacy on safety issues rather than his alleged harassment of a co-worker and threat against a supervisor (Gunderson v. BNSF Ry. Co. , 2017 BL 75335, 8th Cir., No. 15-2905, 3/10/17). Paul Gunderson lacks a Federal Rail Safety Act claim because his protected activities weren’t a “contributing factor” in his discharge, the U.S. Court of Appeals for the Eighth Circuit decided March 10. His safety-related advocacy was “remote in time and disconnected” from the disciplinary proceedings that led to his termination, the court said.
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