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Legal Opinion

Smith v. Union Pacific Railroad

District Court, N.D. Illinois

Decided April 4, 2011No. 10 C 03129Published

1Opinion of the Court

Memorandum Opinion and Order

EDMOND E. CHANG, District Judge.

Plaintiff L.R. Smith was a locomotive engineer for Defendant Union Pacific Railroad. After Smith failed a random alcohol test while on the job, he and the railroad entered into a ‘last chance’ agreement providing for, among other things, Smith’s entry into an alcohol treatment program. But the program counselor reported that Smith did not comply with the program, and Union Pacific fired him. To dispute the dismissal, Smith filed a claim with the National Railroad Adjustment Board. The Board ruled that the railroad permissibly fired…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  5. Brooks v. RossCourt of Appeals for the Seventh Circuit · 2009

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