Mercier v. U.S. Department of Labor, No. 15-3369 (8th Cir. 2017)Annotate this Case
Petitioner sought review of the Board's decision and order affirming the ALJ in petitioner's Federal Rail Safety Act (FRSA), 49 U.S.C. 20109, retaliatory termination action. The court concluded that the ALJ correctly applied the background evidence rule enunciated by the Supreme Court in National Railroad Passenger Corp. v. Morgan, which held that an employee can use prior acts as background evidence for a timely claim even when those same acts are time-barred; the court rejected petitioner's argument that hearsay evidence at the hearing undermines the ALJ's ultimate conclusions where the evidence was not offered to prove the truth of the matters asserted, but instead, to show the effect of the assertions on the decision maker; and the ALJ's determination that petitioner's protected acts were not a contributing factor in his termination was supported by substantial evidence. Accordingly, the court denied the petition and affirmed the final decision and order.