Friends,

 On behalf of the Hildebrand, Moody, and Nichols Kaster law firms, we are sorry to report that the Court of Appeals for the 8th Circuit recently reversed the trial court’s Class Certification Order in the UP ADA class action case (called Harris v UP).  We are not surprised, but disappointed with the Court of Appeals ruling.  Because of the current make-up of the courts, including the Supreme Court, we do not think we would get justice with a further appeal.  The decision is attached if you have not seen it previously. 

 This is not the end, but rather the beginning of the fight for each of the hundreds of employees who have, and can, perform their job safely, but have been pulled from service by UP.  The Class Action petition would have allowed us to prove a class-wide violation of the ADA.  Now we will have to prove it on a case-by-case basis.  Nothing in the 8th Circuit opinion restricts our ability to do just that.

 Ever since we filed the Class Action case, other employees who are similarly situated have had their potential cases tolled—a legal term meaning that the statutes of limitations on their cases have been paused.  Now the tolling provisions are lifted.  This means that employees who have been held from service following a fitness for duty evaluation, but who have not yet filed a charge will have a limited amount of time to file a claim with the Equal Employment Opportunity Commission (EEOC) to preserve their rights. The deadline will differ for each person, but for many it could be as soon as May 22, 2020. That means that anyone who has already suffered from UP’s actions but who has not signed up with one of us must do so and/or submit a proper claim with the EEOC as soon as possible.  We have a teams of people at our firms who are prepared to field questions and assist in the process. 

 We appreciate your sharing this letter with your members.  We write this to you, the International Presidents, Chairpersons of the various General Committees, Districts, Lodges in high leadership positions because you are in the best position to ensure that as many of the hundreds of employees who have had their livelihood snatched from them should have a chance at justice.  Thank you.  If you have any questions please call any of us.

 Fraternally yours,

Anthony Petru (Hildebrand, McLeod, & Nelson LLP) – Contact Anthony Petru @ 510-451-6732

Will Moody (Moody Law Firm) – Contact Nick Thompson @ 757-477-0991

Jim Kaster (Nichols Kaster) – Contact David Schlesinger @ 612-256-3277

Anthony S. Petru | Partner | Hildebrand McLeod & Nelson LLP (510) 451-6732 (office) | (510) 701-1110 (mobile) | (510) 465-7023 (fax) | petru@hmnlaw.com 350 Frank H. Ogawa Plaza, 4th Floor, Oakland, CA 94612 www.hmnlaw.com

HILDEBRAND McLEOD & NELSON LLP Oakland Office:  (800) 447-7500 | 350 Frank H. Ogawa Plaza, 4th Floor, Oakland, CA 94612 LA Office: (800) 344-3352 | 700 North Brand Blvd., Suite 860, Glendale, CA 91203