TOLEDO, Ohio — A former CSX Transportation crew member dismissed over a social media post is suing the railroad, the Brotherhood of Locomotive Engineers and Trainmen, and an arbitration board, seeking to overturn his dismissal.
Kirk E. Knopp, of Fostoria, Ohio, filed suit in April in U.S. District Court for the Northern District of Ohio, Western Division. The suit says a social media article posted in May 2019, about the death of a 21-year-old man struck and killed by a CSX train in Fostoria, included a derogatory comment posted under Knopp’s name. Following an investigation, Knopp was terminated for violating the railroad’s social policy; Knopp contends he did not mention the railroad and did not violate its policy.
The case went to the National Railway Adjustment Board Special Board of Adjustment No. 1185, used by CSX and the BLET to arbitrate matters including claims of wrongful termination. In the suit, Knopp says he was told it was not necessary for him to attend and that he therefore was denied his opportunity to participate and provide testimony; that the board did not consider the harshness of termination for one violation of policy; and that his social media activity was protected by the First Amendment. He seeks to be reinstated with full back pay and benefits.
The case has been assigned to Judge James G. Carr.
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