Donald J. Munro (Don)

Experience

Belt Railway of Chicago prevails over union in Railway Labor Act disputeOn behalf of The Belt Railway Company of Chicago, Jones Day obtained injunctive and declaratory relief against union SMART-TD in a labor dispute arising under the Railway Labor Act.

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.

Railroad employers successfully challenge application of California's paid leave lawOn behalf of a group of railroad employers, Jones Day prevailed in a Ninth Circuit appeal concerning federal preemption.

United Airlines defends COVID-19 vaccine policiesJones Day represents United Airlines, Inc. in putative class action and individual litigation involving Title VII, the Americans with Disabilities Act, and other federal claims concerning its COVID-19 vaccine and accommodation policies in Colorado, Florida, and Texas federal court.

Sky Chefs defeats biometric privacy claimsJones Day secured dismissal for Sky Chefs, Inc. of class claims brought under the Illinois' Biometric Information Privacy Act ("BIPA") and common law.

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.

Freight railroads obtain injunction requiring conductors' union to bargainJones Day has secured a permanent injunction on behalf of the nation's major freight railroads against the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division ("SMART-TD"), requiring the union to immediately begin bargaining with the railroads over train crew staffing.

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.

Massachusetts Railroad Group obtains court ruling that federal law preempts Massachusetts' paid sick leave lawOn June 23, 2017, the First Circuit ruled in favor of a coalition of railroads represented by Jones Day, holding that the Railroad Unemployment Insurance Act ("RUIA") partially preempts Massachusetts' paid sick leave law, the Earned Sick Time Law ("ESTL").

ABM prevails in jurisdictional matter involving RLA and NLRA precedentsJones Day successfully represented ABM Onsite Services - West, Inc. before the D.C. Circuit, the National Labor Relations Board ("NLRB"), and the National Mediation Board ("NMB") in a matter involving which federal labor law applied to its employees at the Portland, Oregon airport.

WMATA engages advisors for executive boardJones Day is serving as the strategic executive advisor to the Washington Metropolitan Area Transit Authority's General Manager/Chief Executive Officer and its Board of Directors in connection with its efforts to evaluate its finances, operations, and governance.

KCSR and Tex-Mex secure preliminary injunction barring union from striking over new interchange proceduresJones Day secured a preliminary injunction on behalf of The Kansas City Southern Railway Company ("KCSR") and The Texas Mexican Railway Company ("Tex-Mex") barring the Brotherhood of Locomotive Engineers and Trainmen from striking over the carriers’ implementation of new interchange procedures in Laredo, Texas.

BNSF, Union Pacific defeat putative class action claims under Washington State's rest-break lawOn behalf of BNSF Railway Company and Union Pacific Railroad Company, Jones Day secured the dismissal of putative class action claims that had been brought against the railroads under Washington State’s rest-break law.

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.

BNSF and Union Pacific win judgment in California rest period litigationJones Day obtained judgment in favor of BNSF Railway Company and Union Pacific Railroad Company in two putative class actions brought on behalf of employees alleging violations of California rest period laws.

Horizon Air victorious in wage rate interest arbitrationJones Day successfully represented Horizon Air Industries, Inc. in a wage rate interest arbitration involving their mechanics, represented by the Teamsters union.

Coalition of railroads wins ruling rejecting Massachusetts law on paid sick leaveOn July 13, 2016, a federal district court in Massachusetts issued a ruling in favor of our clients, a coalition of railroads, holding that the new Massachusetts "Earned Sick Time" statute is preempted by federal law.

BNSF obtains ruling by Ninth Circuit affirming victory in dispute with union over freight serviceThe Ninth Circuit upheld Jones Day's successful defense of BNSF Railway Company against a union attempt to enjoin implementation of new rail freight service.

Union Pacific obtains complete dismissal of employment class actionOn behalf of Union Pacific Railroad Company, Jones Day obtained dismissal of a class action lawsuit alleging that Union Pacific had violated California Labor Code Section 604, which limits the hours worked by train dispatchers.

The following represents experience prior to joining Jones Day.

Represented BNSF Railway in case involving whether dispute over transaction between private and public entities is major or minor under the Railway Labor Act. BMWED v. BNSF Railway, No. 08-2232 (10th Cir.).

Represented Kansas City Southern Railway in case involving whether dispute over assignment of work is major or minor under the Railway Labor Act. Sheet Metal Workers Int’l Assoc. v. Kansas City Southern Railway, 2009 U.S. Dist. LEXIS 104376, 187 LRRM 2637 (W.D. Mo. 2009).

Represented BNSF Railway in challenge to direct observation rules for employee drug testing in transportation industry. BNSF Railway, et al. v. Department of Transportation, 566 F.3d 200 (D.C. Cir. 2009).

Represented BNSF Railway in petition to vacate arbitration award. BNSF Railway v. Brotherhood of Maintenance of Way Employees, 550 F.3d 418 (5th Cir. 2008).

Represented Union Pacific Railroad in opposing constitutional due process challenge to railroad’s policies regarding engineer certification and training. Daniels v. Union Pacific Railroad, 530 F.3d 936 (D.C. Cir. 2008).

Represented Longview Switching Company in challenge to trackage rights agreement under Railway Labor Act and ICC Termination Act. United Transportation Union v. Longview Switching Co., et al., 528 F.3d 674 (9th Cir. 2008).

Represented Union Pacific Railroad in Title VII gender discrimination challenge to lack of coverage of contraception in group health plan. Standridge v. Union Pacific Railroad, 479 F.3d 936 (8th Cir. 2007).

Represented major Class I rail carriers in case involving whether the Family and Medical Leave Act authorizes substitution of paid leave provided under collective bargaining agreements. Brotherhood of Maintenance of Way Employees, et al. v. CSX Transportation, Inc., et al., 478 F.3d 814 (7th Cir. 2007).

Represented BNSF Railway in defending against EEOC charge alleging age discrimination in connection with voluntary early retirement programs. EEOC v. BNSF, No. 2:06-cv-2069 (D. Kan.).

Represented Union Pacific in connection with interference charge arising from representation election campaign by the American Train Dispatcher Association. American Train Dispatcher Association v. Union Pacific, 34 NMB 21 (2006).

Represented BNSF Railway in age discrimination case involving job protection benefits arising from railroad merger. Larson v. Burlington Northern Santa Fe Ry., et al., 2006 U.S. Dist. LEXIS 10886 (N.D. Ill. June 20, 2006).

Represented Union Pacific in challenge to employee discipline under FELA. Stinchfield v. Union Pacific, No. 2:06-CV-2405 (E.D. Cal. 2006).

Represented BNSF Railway in “duty of fair representation” case. Seelye v. BNSF et al., No. 1:05-cv-00130 (D. N.D.)

Represented major Class I rail carriers in obtaining injunction against strikes by engineers’ union over implementation of remote control locomotive technology. Burlington Northern Santa Fe Ry., et al. v. BLET, 367 F.3d 675 (7th Cir. 2004).

Represented BNSF Railway in dispute over whether railroad safety standards and discipline policies violated the Railway Labor Act, the Price Anderson Act, or other federal law. Bauer v. BNSF Railway, No. 5:03-cv-04110 (N.D. Iowa).

Represented major Class I rail carriers in obtaining permanent injunction requiring union to provide 10 day notice in advance of strikes. Burlington Northern Santa Fe Ry., et al. v. BMWE, 286 F.3d 803 (5th Cir. 2002).

Represented major Class I rail carriers in litigation over whether railroad industry has statutory right to bargain on a multi-employer basis. General Committee of Adjustment v. Burlington Northern Santa Fe Ry., et al., 295 F.3d 1337 (D.C. Cir. 2002).