Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al.

Petitioner, Clyde Carter, Jr., filed a complaint with the Department of Labor alleging retaliatory discharge by his employer BNSF Railway Company for wrongfully terminating him twice in violation of the protection provisions of the Federal Railroad Safety Act, 49 U.S.C. § 42121(b)(2)(B) (i)(ii)(iii), for having notified BNSF of an on the job injury. Following hearing before the Department of Labor, Office of Administrative Law Judges, the Office found Carter had proven BNSF had violated the protection provisions of the Act and entered an award in favor of Carter. BNSF appealed to the Administrative Review Board which affirmed the Award but on slightly different grounds and BNSF appealed to the Eight Circuit Court of Appeals which set aside the judgment and remanded the complaint for further findings.