In today’s News and Commentary, the Eighth Circuit vacates a DOL order for violating a company’s Seventh Amendment right to a jury trial and more than 1,300 workers at the Encore Boston Harbor go on strike over Labor Day weekend.

On Thursday, the Eighth Circuit ruled that BNSF Railway Company is entitled to a jury trial against a retaliation claim from a former railway operator. The former employee, Dale Gourneau, inspected railroad cars for safety compliance and was fired following a disciplinary proceeding. Gourneau subsequently filed a whistleblower complaint with OSHA. The Department of Labor’s Administrative Review Board ordered reinstatement, backpay, damages, and attorneys’ fees. The Eighth Circuit concluded that the administrative proceeding violated the company’s right to a jury trial under the Seventh Amendment and vacated the Department’s order. Judge Steven M. Colloton authored the panel opinion, writing that the public rights exception did not apply because Gourneau’s statutory claim is “in the nature of a common law suit” and does not impact a broader regulatory scheme.

On Friday morning, roughly 1,300 workers at the Encore Boston Harbor went on strike following failed labor contract negotiations. The warehouse, call center, valet, guest experience, and limo workers at the luxury hotel and casino organized with Teamsters Local 25 and UNITE HERE Local 26 and decided to call a strike after alleging that the company refused to bargain in good faith and failed to present a realistic offer. The Teamsters held a strike authorization vote in August that garnered 97 percent of the vote in favor, seeking a contract with better wages, stronger benefits, and enhanced protections on the job. Union workers are picketing the resort casino in Everett this Labor Day weekend. The Encore Boston Harbor brought in $847 million last year.