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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

HILDA L. SOLIS, Secretary of Labor, Case No. 4:12-cv-00394-BLW Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. MEMORANDUM DECISION AND ORDER

INTRODUCTION Plaintiff, the United States Secretary of Labor, has applied for a preliminary injunction to enforce the Secretary's preliminary order requiring Union Pacific Railroad Company to reinstate one of its employees (Dkt. 2). The Court concludes it lacks jurisdiction to enforce this order. It will therefore deny the Secretary's motion and dismiss her complaint. BACKGROUND Gennese Annen worked as a train conductor for Union Pacific in Pocatello, Idaho. She was fired in May 2010, allegedly because she reported a workplace safety hazard and

MEMORANDUM DECISION AND ORDER - 1

requested medical attention following a workplace injury. Union Pacific says Annen lied about being injured on the job. According to the complaint, Annen injured herself on May 3, 2010, as she left a locomotive cab. She says her bag caught on the side of the doorframe, and that this twisted her to the side. She felt a twinge in her side, but it subsided so she went home. Later in the day, however, Annen reported that the pain worsened and she needed medical attention. She attempted to contact railroad officials before going to the doctor, but was unable to reach anyone. She went ahead and visited a couple of local clinics, and ultimately got a prescription for pain medication. Railroad personnel contacted her, however, and instructed her not to take the medication until she took a drug test. She waited and took the test, which was negative. Annen returned to work a few days later and was fired within a couple weeks. Union Pacific contends Annen violated company rules by (1) failing to immediately report her injury, (2) failing to report a potential defective condition (the locomotive doorframe) and (3) lying about how the injury occurred. Annen appealed her termination and took her case to arbitration. The arbitrator ultimately upheld Union Pacific's decision. But in July 2010, while her grievance was pending before the arbitrator, Annen brought an enforcement action under the Federal Railroad Safety Act (FRSA). OSHA investigators met with Union Pacific Representatives four times

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Idaho Law