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182888P.pdf   01/30/2020  Dakota, MN & Eastern Railroad  v.  U.S. Department of Labor
   U.S. Court of Appeals Case No:  18-2888
   Petition for Review of an Order of the Department of Labor (except OSHA)   
[PUBLISHED] [Loken, Author, with Shepherd and Stras, Circuit Judges] Petition for Review - Order of the Department of Labor. The Administrative Review Board's decision in this matter is both contrary to established Eighth Circuit precedent and fatally flawed; with respect to Federal Railroad Safety Act claims this court has held that the contributing factor that an employee must prove is intentional retaliation prompted by the employee engaging in protected activity; the court has expressly rejected the contention that when an employer learns about an employee's conduct warranting discipline in a protected injury report, the report and the discipline are inextricably intertwined and this factual connection is sufficient to establish the contributing-factor element of a prima facie case; the employer's petition for review is granted and the matter is remanded to the Review Board with instructions to apply the correct legal standard to the existing administrative record.