Busker v. Wabtec Corp., No. 17-55165 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit certified a question of state law to the Supreme Court of California: Whether work installing electrical equipment on locomotives and rail cars (i.e., the "onboard work" for Metrolink's PTC project) falls within the definition of "public works" under California Labor Code 1720(a)(1) either (a) as constituting "construction" or "installation" under the statute or (b) as being integral to other work performed for the PTC project on the wayside (i.e., the "field installation work").
Court Description: Certified Question to California Supreme Court In a case involving the Southern California Regional Rail Authority (“Metrolink”) and a federally-mandated comprehensive communications network known as Positive Train Control (“PTC”), the panel certified the following question of state law to the Supreme Court of California: Whether work installing electrical equipment on locomotives and rail cars (i.e., the “on- board work” for Metrolink’s PTC project) falls within the definition of “public works” under California Labor Code § 1720(a)(1) either (a) as constituting “construction” or “installation” under the statute or (b) as being integral to other work performed for the PTC project on the wayside (i.e., the “field installation work”).
The court issued a subsequent related opinion or order on April 12, 2022.
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