Thomas R.Chiavetta Jr. (Tom)

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Tom Chiavetta is a skilled litigator with a long track record of success representing companies in high-stakes labor and employment matters. Drawing on nearly 15 years of experience, Tom works closely with clients to devise and execute winning strategies in class action lawsuits, labor arbitrations, Railway Labor Act litigation, discrimination cases, and whistleblower proceedings.

While working with a variety of clients, Tom has particular experience representing those in the transportation industry. For more than a decade, Tom has worked closely with several of the country's largest freight railroads and airlines on some of their most important and high-profile matters, including nationwide collective bargaining negotiations, threatened work stoppages, and arbitrations concerning employee pay and health care benefits.

In addition to practicing in federal court, Tom has extensive experience litigating before administrative agencies. In recent years, Tom has tried and won five cases pending before the U.S. Department of Labor and successfully obtained the dismissal of dozens of whistleblower claims investigated by the Occupational Safety and Health Administration (OSHA).

Tom is an active member of the American Bar Association's Railway and Airline Labor Law Committee. He has spoken on a variety of topics at railroad and airline labor law conferences and is an editor of The Railway Labor Act treatise.

Experience

  • CSX granted summary judgment on Union-filed challenge to FMLA policyJones Day obtained summary judgment for CSX Transportation, Inc. in a lawsuit filed by the International Association of Machinists (IAM) challenging the method by which CSX calculates FMLA leave for its machinists.
  • Coalition of railroads achieve successful results in national collective bargainingJones Day was counsel for the U.S. railroad industry in one of the largest and most consequential labor matters of 2022, helping to avoid threatened work stoppages by 100,000 workers that would have gravely imperilled the U.S. economy and drew the personal attention of President Biden.
  • CSX obtains dismissal of FMLA putative class action lawsuitJones Day helped client CSX Transportation, Inc. ["CSX"] obtain dismissal of a putative class action lawsuit alleging that CSX violated the FMLA by not crediting employees reinstated through arbitration with hours worked for purposes of determining FMLA eligibility.
  • BNSF wins dismissal of union's Railway Labor Act claimsOn behalf of BNSF Railway Company, Jones Day obtained dismissal of claims filed by SMART-TD, the union which represents the Company's conductors, alleging that BNSF violated the Railway Labor Act by posting positions requiring certain train service employees to be qualified to operate a locomotive engine.
  • Spirit Airlines wins arbitration over pilot payJones Day client Spirit Airlines, Inc. prevailed in an arbitration regarding the circumstances under which pilots are entitled to additional pay while being held at the airport for possible rescheduling.
  • CSX wins summary judgment on FMLA putative class claims and defeats disability discrimination claimsIn a putative class action lawsuit, Jones Day client CSX Transportation, Inc. obtained summary judgment on claims alleging that the company's attendance policy and method of accounting for FMLA leave were unlawful.
  • CSXIT wins summary judgment on former employee's discrimination and retaliation claimsJones Day obtained summary judgment on behalf of CSX Intermodal Terminals, Inc. ("CSXIT") on all claims brought by the plaintiff regarding his termination.
  • Rail carriers prevail in collective bargaining interest arbitrationIn 2018, Jones Day represented the National Carriers' Conference Committee -- a bargaining coalition comprising all of the nation's major freight railroads -- in a major arbitration to set the terms of labor agreements with two labor unions.
  • CSXT prevails at trial on FRSA retaliation claimFollowing a bench trial, an Administrative Law Judge of the U.S. Department of Labor ruled in favor of Jones Day client CSX Transportation, Inc. ("CSXT") on a Federal Railroad Safety Act ("FRSA") claim regarding a 43-day suspension.
  • CSXT wins dismissal of FRSA claims alleging false injury reportingAn administrative law judge has dismissed two claims filed by employees of Jones Day client CSX Transportation, Inc. ("CSXT") alleging that they were dismissed in retaliation for reporting an injury, in violation of the Federal Railroad Safety Act ("FRSA").
  • CSXT wins important clarification of "knowledge" standard under federal whistleblower lawThe U.S. Court of Appeals affirmed summary judgment in favor of Jones Day client CSX Transportation, Inc. ("CSXT") in an important case regarding the correct legal standard for establishing employer knowledge of protected activity under the Federal Railroad Safety Act ("FRSA").
  • Bloomberg wins dismissal in well-publicized pregnancy discrimination case brought by EEOCJones Day successfully defended Bloomberg, L.P. in a company-wide national and international discrimination and retaliation class action case brought by the Equal Employment Opportunity Commission (EEOC) that alleged that Bloomberg engaged in a pattern or practice of pregnancy discrimination by, among other things, reducing the pay of pregnant women and women who took maternity leave.
  • The Washington Post obtains dismissal of refusal to bargain chargeJones Day obtained dismissal of unfair labor practice charges against The Washington Post filed by the CWA/Washington Mailers Union, and found that The Post did not make unlawful unilateral changes to long-standing work practices during contract hiatus and after bargaining impasse.
  • U.S. Commission on International Religious Freedom earns dismissal of EEOC's religious discrimination claimsJones Day represented the U.S. Commission on International Religious Freedom ("USCIRF") and its former chairman in this proceeding in which the complainant, a Muslim woman, alleged that USCIRF discriminated against her on the basis of religion by (1) rescinding a job offer it had extended to her; and (2) failing to renew her temporary contract.
  • Xerox defends retiree health care ERISA class actionJones Day represents Xerox Corporation and other defendants in a putative class action brought under ERISA alleging that Xerox violated ERISA in changing its retiree health care plans.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
    • View All

    February 2024 Commentary

    Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

    February 2024 Alert

    SDNY Launches Whistleblower Pilot Program to Encourage Self-Disclosure of Criminal Conduct

    October 2021 Alert

    SEC Announces $110 Million Award to Whistleblower and $1.1 Billion in Total Awards to 214 Individuals Since 2012

    July 2021 Commentary

    Recent SEC Enforcement Action Stresses Importance of Not Impeding Whistleblower Communications with Regulators

    June 2021 Commentary

    SEC Awards $28 Million+ to Whistleblower for Tip Relating to 2018 FCPA Settlements

    September 2020 Alert

    Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

    July 2020 White Paper

    A Guide to Navigating Cybersecurity, Privacy, and Employment Law Issues with COVID-19 Contact Tracing in the Private Sector

    May 2020 White Paper

    Avoiding Pandemic-Related Employment Litigation and Disputes

    Additional Speaking Engagements

    • March 10, 2016
      American Bar Association, Section of Labor and Employment Law, Railway and Airline Labor Law Committee Midwinter Meeting -- What Is a Carrier?

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