Monohon v. BNSF Railway Company

• Decision Date: 04 November 2021
• Docket Number: No. 18-3346,18-3346
• Parties: Daniel MONOHON, Plaintiff - Appellant v. BNSF RAILWAY COMPANY, a corporation, Defendant - Appellee
• Court: U.S. Court of Appeals — Eighth Circuit

17 F.4th 773

Daniel MONOHON, Plaintiff - Appellant

v.BNSF RAILWAY COMPANY, a corporation, Defendant - Appellee

No. 18-3346

United States Court of Appeals, Eighth Circuit.

Submitted: November 14, 2019

Filed: November 4, 2021

Counsel who presented argument on behalf of the appellant and appeared on the brief was Jeanette Stull, of Lincoln, NE. The following attorney(s) also appeared on the appellant brief; Corey Lane Stull, of Lincoln, NE.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Bryan P Neal, of Dallas, TX. The following attorney(s) also appeared on the appellee brief; Nichole S. Bogen, of Lincoln, NE, Andrew David Weeks, of Lincoln, NE, Lauren Brenna Timmons, of Dallas, TX.

Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Daniel Monohon worked as a railroad track inspector for BNSF Railway Company (BNSF) in southern Iowa. BNSF terminated his employment after Monohon took the position that wearing a seatbelt while traveling in a hy-rail vehicle was dangerous. Monohon thereafter filed suit, alleging that BNSF violated the Federal Railroad Safety Act (FRSA) when it discharged him for reporting, in good faith, a hazardous safety condition. See 49 U.S.C. § 20109(b)(1)(A). The district court denied BNSF's motion for summary judgment, and the case proceeded to trial.

A jury found in favor of Monohon and awarded back pay. The district court denied Monohon's request for reinstatement and instead awarded three years of front pay. The district court thereafter granted BNSF's motion for judgment as a matter of law, concluding that Monohon's "claim to have reported a hazardous safety condition is not objectively reasonable and is not supported by the facts of this case." D. Ct. Order of Oct. 1, 2018, at 3–4. We vacate the judgment in favor of BNSF, reverse the order granting BNSF's motion for judgment as a matter of law, and remand for the reinstatement of the jury verdict and for the entry of such further relief as is consistent with the views set forth in this opinion.

I. Background

A hy-rail is a pickup truck that can operate both on pavement and on railroad tracks. It is equipped with conventional truck wheels with rubber tires, as well as with flanged steel wheels that fit on tracks. To set a hy-rail on tracks, a track inspector drives to a crossing, lines up the rail wheels with the track, and then uses the hy-rail's hydraulic system to lower the rail wheels onto the tracks. The inspector thereafter raises the truck wheels and locks the steering wheel. Once a hy-rail is "set on," it does not require steering because the rail wheels follow the tracks. Monohon testified that he operated his hy-rail at speeds ranging from a walking speed to twenty miles per hour. With their steel wheels on steel tracks, hy-rails cannot stop quickly, particularly when the tracks are lubricated with oil or precipitation. A hy-rail can be removed from the tracks only at crossings, at which the inspector lowers the truck wheels, raises the rail wheels, unlocks the steering wheel, and drives away.

Hy-rails have seatbelts like any pickup truck. BNSF requires its employees to wear seatbelts when they operate hy-rails, with its rules instructing employees to "[w]ear seat belts while operating or riding in equipment or vehicles that are equipped with them." BNSF did not consistently enforce the seatbelt rule, however, and BNSF employees did not always wear seatbelts while hy-railing. Before Monohon's termination, BNSF did not treat the failure to wear a seatbelt as a serious rules violation. BNSF instead had treated the failure to wear a seatbelt as an "operations test failure," with the discipline being coaching or counseling on the rule.

During a conference call on September 4, 2012, Roadmaster Tyson Pate reiterated the seatbelt rule, reminding his employees that they were required to wear seatbelts when operating hy-rails. Pate explained that there recently had been two serious accidents involving BNSF hy-rails running into the back of trains. A track inspector operating a hy-rail had died in a July 2012 collision, and another track inspector had been badly injured in an August 2012 collision. Neither inspector had been wearing his seatbelt at the time of his accident.

After hearing Pate's directive and briefing, Monohon expressed his concern about wearing a seatbelt while hy-railing, saying, "I just don't feel the seat belt rule is safe. ... [I]f there's a train coming down the tracks at you and you don't have a chance to bail out, what's going to happen? You're going to get killed." Pate responded that he understood the concern, but that the seatbelt rule must be followed. According to Monohon, Pate did not mention that a seatbelt rule violation would be treated as a serious rules violation, nor was there any discussion regarding possible discipline. Monohon completed his regular work day after the conference call ended.

Monohon was tasked with moving slow order boards the next day. Slow order boards are trackside postings that indicate when a train must slow down and when it is safe to resume full speed. Monohon set his hy-rail on the tracks and traveled west. He exited and entered his hy-rail several times as he adjusted the boards.

Monohon stopped his hy-rail after being waved down by Steve Anderson, who was then Line Chief, and Michael Paz, who was then Assistant Roadmaster. When Anderson remarked that Monohon was not wearing his seatbelt, Monohon looked down and realized that he was not doing so. Anderson testified that Monohon seemed surprised. Monohon admitted his oversight to Anderson, explaining that he had fastened his seatbelt when he entered his hy-rail that morning, but that he had been in and out of his hy-rail several times that day. Anderson mentioned the recent hy-rail accidents and asked Monohon to fasten his seatbelt, which he did.

After telling Monohon that he would receive an operations test failure, Anderson asked Monohon to commit to wearing the seatbelt in the future. Monohon replied that he worried that his fastened seatbelt would prevent him from being able to quickly bail out of the hy-rail if a train approached. At that point, Anderson ended the conversation and sent Monohon home for the day. Anderson testified at trial that Monohon did not raise his voice, become argumentative, or disobey any orders during their conversation. After sending Monohon home, Anderson emailed Timothy Knapp, who was then Director of Line Maintenance. Anderson explained that he had stopped Monohon, who had not been wearing his seatbelt, and that although they "had a good discussion, ... it became apparent any compliance around system expectations was going to be a struggle."

Knapp decided to initiate a formal investigation and to withhold Monohon from service. The purpose of the investigation was to determine whether Monohon had failed to wear his seatbelt and whether he had been "insubordinat[e] towards an officer while discussing the alleged violation on September 5, 2012." According to BNSF, insubordination toward an officer is an "act of willfully disobeying an authority."

Pate, Paz, and Monohon testified at the investigative hearing. Pate testified that he himself had "been guilty ... of hy-railing without a seatbelt on," but that everyone was required to follow the seatbelt rule after the September 4 briefing. Pate explained that Monohon believed that it was unsafe for him to wear his seatbelt, but never said that he would not follow the seatbelt rule. According to Paz, Monohon was not insubordinate, but was removed from service because he did not fully commit to wearing his seatbelt in the future. Monohon testified that he had told Anderson that he disagreed with the rule, because he would be unable to bail out of the hy-rail if a train approached, but that he understood that "we have to wear [seatbelts] and that's fine. I'm okay with that." The hearing officer found that "[b]y engaging in a discussion with Mr. Andersen (sic) about his objection to the [seatbelt] rule, Mr. Monohon increased his culpability from being ‘minor oversight’ as argued by the [union] to the more serious charge of insubordination." The hearing officer recommended that Monohon be suspended or dismissed.

After reviewing the transcript and exhibits, considering the hearing officer's findings and recommendations, and discussing discipline with other management personnel, Knapp decided to terminate Monohon for failing to wear his seatbelt and for insubordination towards Anderson. Knapp believed that Monohon's failure to wear a seatbelt was a serious rules violation and that his failure to commit to wearing his seatbelt constituted insubordination. When asked whether he had intentionally retaliated against Monohon for raising his concern about being unable to bail out of a hy-rail, Knapp replied, "No."

Monohon filed suit in federal district court. In its motion for summary judgment, BNSF argued that Monohon had not reported a hazardous safety condition but had instead objected to a longstanding safety rule. BNSF claimed that allowing Monohon's claim to proceed would hamper the railroad's ability to enforce its safety rules, giving as an example the following hypothetical situation:

[A]n employee disagrees with the railroad's rule requiring him to wear a hard hat. His rationale: vision and alertness are hampered by the hard hat. If Plaintiff's argument is accepted, this employee can run to the courts when he is disciplined for failing to wear a hard hat in violation of the railroad's rule.

BNSF further argued that Monohon's willingness to wear a seatbelt "negate[d] any contention that wearing a seatbelt could be reasonably construed as a hazardous safety or security condition." In denying the motion, the district court found BNSF's example inapposite because Monohon had allegedly reported a hazardous safety condition and had not refused to follow the rule. The court concluded that the statute did not...