Supreme Court of the United States · Official docket →
John Baker, et al. v. CSX Transportation, Inc., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2051 · judgment June 16, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Family and Medical Leave Act (FMLA) sets forth a medical certification process, including the ability to obtain a second and third opinion, if an employer questions the basis for an employee's right to FMLA leave. 29 U.S.C. § 2613. CSX admittedly did not follow that process here, and instead commenced with a disciplinary process set forth in a collective bargaining agreement. The FMLA unequivocally mandates “The rights established for employees under this Act or any amendment made by this Act shall not be diminished by any collective bargaining agreement or any employment benefit program or plan.” 29 U.S.C. § 2652(b). The question presented is: Whether an employee is prejudiced when an employer substitutes a contractual disciplinary process for compliance with the individual's statutory protections under the FMLA.
Counsel of record
For petitioner
Gregory George Paul
Paul Law Offices, PLLC
For respondent
Brian David Schmalzbach
McGuireWoods LLP
Case
Conference history
Distributed for 2 conferences
Linked docket
23M48
Proceedings
- Feb 20 2024Petition DENIED.
- Jan 24 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 17 2024Waiver of right of respondent CSX Transportation, Inc., et al. to respond filed.
- Jan 16 2024Motion (23M48) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Dec 27 2023MOTION (23M48) DISTRIBUTED for Conference of 1/12/2024.
- Dec 15 2023Motion (23M48) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Dec 15 2023Petition for a writ of certiorari filed. (Response due February 15, 2024)
- Oct 13 2023Application (23A336) granted by The Chief Justice extending the time to file until December 15, 2023.
- Oct 06 2023Application (23A336) to extend the time to file a petition for a writ of certiorari from October 16, 2023 to December 15, 2023, submitted to The Chief Justice.