Nat'l Railroad Passenger Corp. v. Julie Su

Procedural entryThis page is a short order in Nat'l Railroad Passenger Corp. v. Julie Su. Read the opinion of the Court — 41 F.4th 1147
Court of Appeals for the Ninth Circuit·Decided July 26, 2022·No. 21-15816·Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

N ATIONAL R AILROAD P ASSENGER Nos. 21-15816 C ORPORATION , Amtrak; BNSF 21-15825 R AILWAY C OMPANY ; U NION P ACIFIC R AILROAD C OMPANY ; D.C. No. L OS A NGELES J UNCTION 2:15-cv-00924- R AILWAY ; TTX C OMPANY ; KJM-JDP C ENTRAL C ALIFORNIA T RACTION C OMPANY , Plaintiffs-Appellees, OPINION

v.

J ULIE A. S U , in her official capacity as Labor Commissioner, State of California Division of Labor Standards Enforcement, Defendant-Appellant,

B ROTHERHOOD OF L OCOMOTIVE E NGINEERS AND T RAINMEN ; B ROTHERHOOD OF M AINTENANCE OF W AY E MPLOYEES ; B ROTHERHOOD OF R AILROAD S IGNALMEN ; I NTERNATIONAL A SSOCIATION OF S HEET M ETAL , A IR , R AIL AND T RANSPORTATION W ORKERS ; I NTERNATIONAL B ROTHERHOOD OF E LECTRICAL W ORKERS ; N ATIONAL 2 NRPC V. SU

C ONFERENCE O F F IREMEN & O ILERS D ISTRICT OF L OCAL 32BJ, Intervenor-Defendants- Appellants-Intervenors.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted March 17, 2022 San Francisco, California

Filed July 26, 2022

Before: Morgan Christen and Daniel A. Bress, Circuit Judges, and Barbara M. G. Lynn, * District Judge.

Opinion by Judge Bress

* The Honorable Barbara M. G. Lynn, Chief United States District Judge for the Northern District of Texas, sitting by designation. NRPC V. SU 3

SUMMARY **

Railroad Unemployment Insurance Act / Preemption

Affirming the district court’s summary judgment in favor of National Railroad Passenger Corporation and other railroad companies, the panel held that, as to railroad employees, the federal Railroad Unemployment Insurance Act preempts California’s Healthy Workplaces, Healthy Families Act, which requires employers to provide employees with paid sick leave that they may use for specified purposes.

RUIA provides unemployment and sickness benefits to railroad employees, and it contains an express preemption provision disallowing railroad employees from having any right to “sickness benefits under a sickness law of any State.” Looking to the plain meaning of the statutory text, the panel concluded that the preemption provision broadly refers to compensation or other assistance provided to employees in connection with physical or mental well-being. The panel concluded that RUIA’s statutory framework and stated purposes confirm the breadth of its preemptive effect.

The panel held that, as applied to railroad employees, the California Act falls within RUIA’s preemption clause because, properly considered in light of RUIA’s plain text and structure, the California Act is a “sickness law” that provides “sickness benefits.”

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. 4 NRPC V. SU

Agreeing with the First Circuit, the panel found unpersuasive an argument by the California Labor Commissioner and union-intervenors that RUIA does not preempt the California Act as to railroad employees because the benefits the Act offers are different in kind than RUIA’s benefits. The panel also found unpersuasive (1) an argument that RUIA should be interpreted as preempting only the kinds of state laws that existed at the time RUIA was amended to provide for sickness benefits; and (2) various textual arguments in support of a narrower interpretation of the preemption provision.

COUNSEL

Kristin A. Liska (argued), Deputy Attorney General; Heather Hoesterey and Anthony Hakl, Supervising Deputy Attorneys General; Thomas S. Patterson, Senior Assistant Attorney General; Rob Bonta, Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellant.

Lucas R. Aubrey, Sherman Dunn P.C., Washington, D.C.; Erika A. Diehl-Gibbons, Associate General Counsel, SMART-TD, North Olmsted, Ohio; Richard Edelman, Mooney Green Saindon Murphy and Welch PC, Washington, D.C.; Josh D. McInerney, Wentz McInerney Peifer & Petroff LLC, Powell, Ohio; for Intervenor- Defendants-Appellants-Intervenors.

Donald J. Munro (argued), Anthony J. Dick, and H. Hunter Bruton, Jones Day, Washington, D.C.; Kelsey A. Israel- Trummel, Jones Day, San Francisco, California; for Plaintiffs-Appellees. NRPC V. SU 5

OPINION

BRESS, Circuit Judge:

The Railroad Unemployment Insurance Act (RUIA) is a federal law that provides the exclusive source of unemployment and sickness benefits to railroad employees. RUIA also contains an express preemption provision disallowing railroad employees from having any right to “sickness benefits under a sickness law of any State.” 45 U.S.C. § 363(b). In 2014, California enacted the Healthy Workplaces, Healthy Families Act, which requires employers to provide employees with paid sick leave that they may use for specified purposes. The question in this case is whether RUIA preempts this California law as to railroad employees. We hold that it does.

I

A

Owing to its interstate nature, the railroad industry has long been subject to extensive and often exclusive federal regulation. In 1938, Congress passed RUIA to provide unemployment benefits for railroad employees. See 45 U.S.C. §§ 351–369; R.R. Ret. Bd. v. Duquesne Warehouse Co., 326 U.S. 446, 448 (1946). An employee who is eligible for RUIA benefits may receive approximately sixty percent of his daily pay, subject to certain limitations, while he remains unemployed. 45 U.S.C. § 352(a)(1)–(3).

In 1946, Congress amended RUIA to also provide railroad employees with “sickness benefits.” See id. § 352(a)(1)(B); CSX Transp., Inc. v. Healey, 861 F.3d 276, 277 (1st Cir. 2017). These benefits, which likewise amount 6 NRPC V. SU

to sixty percent of daily pay, are available “for each day of sickness after the 4th consecutive day of sickness in a period of continuing sickness.” 45 U.S.C. § 352(a)(1)(B)(i). RUIA defines “day of sickness” in relevant part as “a calendar day on which because of any physical, mental, psychological, or nervous injury, illness, sickness, or disease [the employee] is not able to work.” Id. § 351(k)(2). “Day of sickness” also includes “with respect to a female employee, a calendar day on which, because of pregnancy, miscarriage, or the birth of a child, (i) she is unable to work or (ii) working would be injurious to her health.” Id. The phrase “period of continuing sickness” means either “consecutive days of sickness, whether from 1 or more causes” or “successive days of sickness due to a single cause without interruption of more than 90 consecutive days.” Id. § 352(a)(1)(B)(iii).

The benefits available under RUIA are funded by a special tax on railroad employers “equal to 4 percent of the total rail wages.” See Railroad Unemployment Repayment Tax Act, 26 U.S.C. § 3321(b)(1); Trans-Serve, Inc. v. United States, 521 F.3d 462, 464, 466 (5th Cir. 2008).

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