Port Authority Trans-Hudson Corp. v. Secretary, United States Department of Labor

OPINION

SMITH, Circuit Judge.

Petitioner railroad Port Authority Trans-Hudson Corporation (“PATH”) challenges a decision and order of the Administrative Review Board of the United States Department of Labor, which held that PATH violated the Federal Railroad Safety Act when it suspended one of its employees for excessive absenteeism. Specifically, PATH was held to have violated an anti-retaliation provision, 49 U.S.C. § 20109(c)(2), which prohibits railroads from disciplining employees “for following orders or a treatment plan of a treating physician.” The physician’s order which the employee…