Consolidated Rail Corp. v. U.S. Department of Labor

OPINION

McKEAGUE, Circuit Judge.

This case concerns whether an employee was terminated in violation of the Federal Rail Safety Act. For the reasons that follow, we deny Consolidated Rail’s petition for review.

I

From December 1998 to February 2011, Mark Bailey worked as a train conductor for Consolidated Rail (“Conrail”). In the six months before he was terminated, Bailey filed approximately thirty-five formal written safety complaints. On February 11, 2011, Kenneth McIntyre, the Area Superintendent, instructed Robert Conley, Bailey’s Supervisor, to speak with the railroad employees about a…