Jacqueline M.Holmes (Jackie)

Of Counsel

Washington + 1.202.879.3620

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Jackie Holmes has spent her 23-year career helping clients analyze and mitigate OSHA and labor risk and forcefully defending clients against claims under OSHA, federal whistleblower statutes, the NLRA, and the Railway Labor Act. Clients in many industries have come to rely on Jackie for practical, down-to-earth compliance advice, a vigorous defense to claims before administrative agencies, and in the federal trial and appellate courts.

Jackie has had significant recent success convincing appellate courts to reverse adverse lower court or administrative judgments. For example, in Koziara v. BNSF Railway Company, the Seventh Circuit vacated an adverse jury verdict and entered judgment for the railroad in a whistleblower matter under the Federal Railroad Safety Act. Similarly, in BNSF Railway Company v. U.S. Department of Labor, the Eighth Circuit vacated an administrative decision adverse to the railroad. Jackie also has won summary judgment, and favorable decisions after trial, in many whistleblower cases. In addition, she has successfully resolved OSHA citations for clients in the tire manufacturing, railroad, telecommunications, food processing, and manufacturing industries and assisted clients in resolving complex federal labor law questions.

Jackie also has a firm commitment to advancing educational opportunities for children. She co-leads the Firm's Education Pro Bono Task Force and serves as vice chair of the board of directors for Communities in Schools of the Nation's Capital, an organization that provides in-school support to children living in poverty.

Experience

  • Coalition of railroads achieve successful results in national collective bargainingJones Day was counsel for the U.S. railroad industry in one of the largest and most consequential labor matters of 2022, helping to avoid threatened work stoppages by 100,000 workers that would have gravely imperilled the U.S. economy and drew the personal attention of President Biden.
  • Washington Post defeats reporter's discrimination claimsThe D.C. Superior Court granted Jones Day's motion to dismiss, on behalf of The Washington Post and a group of current and former senior editors, in a high-profile case filed by one of the newspaper's national political reporters.
  • Ohio Transmission acquires Critical Rental SolutionsJones Day advised Ohio Transmission Corporation in the acquisition of Critical Rental Solutions, which specializes in oil-free air and temperature control equipment rental.
  • U.S. Chamber of Commerce files amici curiae brief in OSHA mandamus caseJones Day filed an amici curiae brief on behalf of the United States Chamber of Commerce and other trade associations opposing a mandamus petition which sought to order OSHA to adopt an emergency temporary standard during the COVID-19 pandemic.
  • Large critical infrastructure employer considers implementing COVID-19 testing program for employeesJones Day represented a large critical infrastructure employer during the COVID-19 crisis to consider and assess appropriate protocols and policies for implementing an employee COVID-19 testing program at its sites. This included counseling on myriad federal, state, and local legal and regulatory frameworks as well as forming appropriate partnerships.
  • Luxury department store chain develops employee programming to mitigate spread of COVID-19 within workplaceJones Day represented a luxury department store chain during the COVID-19 crisis to develop appropriate protocols and policies for implementing an employee temperature screening program, a face covering program, work from home and return to work policies for employees suffering from COVID-19, respiratory illness, or exposure to individuals with COVID-19.
  • U.S. Chamber of Commerce achieves victory in antitrust challenge to Seattle for-hire driver collective-bargaining ordinanceJones Day represented the U.S. Chamber of Commerce in a lawsuit challenging a collective-bargaining ordinance enacted by the City of Seattle.
  • CSXT prevails before Sixth Circuit in challenge to arbitration awardsJones Day client CSX Transportation, Inc. ("CSXT") obtained an appellate victory in a suit seeking to overturn a series of ten labor arbitration awards.
  • BNSF wins reversal of adverse $1.3 million judgmentJones Day successfully represented BNSF Railway Company on appeal from a grant of partial summary judgment to a former employee on his claim under the Federal Railroad Safety Act ("FRSA").
  • CSXT secures summary judgment against former employee seeking to overturn arbitration awardJones Day secured summary judgment for CSX Transportation, Inc. ("CSXT") in a case brought by a former employee who sought to overturn an arbitration award that had upheld his termination.
  • CSXT prevails at trial on FRSA retaliation claimFollowing a bench trial, an Administrative Law Judge of the U.S. Department of Labor ruled in favor of Jones Day client CSX Transportation, Inc. ("CSXT") on a Federal Railroad Safety Act ("FRSA") claim regarding a 43-day suspension.
  • BNSF wins remand of agency decision in whistleblower caseJones Day successfully represented BNSF Railway Company on appeal from a decision of the Department of Labor's Administrative Review Board ("ARB") under the Federal Railroad Safety Act ("FRSA").
  • BNSF defeats former employee's appeal of summary judgment order in whistleblower caseOn August 3, 2017, the Eighth Circuit affirmed an order granting summary judgment to Jones Day client BNSF Railway Company ("BNSF") and dismissing the Federal Railroad Safety Act ("FRSA") retaliation claims of a former employee.
  • BNSF wins Eighth Circuit affirmation of dismissal of former employee's whistleblower claimsThe Eighth Circuit affirmed a U.S. district court decision completely dismissing Federal Railroad Safety Act ("FRSA") whistleblower claims brought by former employees against Jones Day's client BNSF Railway Company.
  • BNSF wins dismissal of former employee's whistleblower complaint in appeal from jury verdictOn October 31, 2016, the Seventh Circuit overturned a jury verdict and dismissed a Federal Railroad Safety Act ("FRSA") retaliation claim brought by Michael Koziara, a former employee of Jones Day client BNSF Railway Company.
  • CSXT wins dismissal of FRSA claims alleging false injury reportingAn administrative law judge has dismissed two claims filed by employees of Jones Day client CSX Transportation, Inc. ("CSXT") alleging that they were dismissed in retaliation for reporting an injury, in violation of the Federal Railroad Safety Act ("FRSA").
  • Verizon obtains injunctive relief against unlawful union activity during seven-week strikeJones Day assisted Verizon Communications, Inc. during a seven-week strike (April 13-May 31, 2016) by members of the Communications Workers of America ("CWA") by obtaining injunctive relief from courts in New York State and the Commonwealth of Pennsylvania and advising daily on strike misconduct and other related issues throughout the Northeast and Mid-Atlantic regions.
  • CSXT wins important clarification of "knowledge" standard under federal whistleblower lawThe U.S. Court of Appeals affirmed summary judgment in favor of Jones Day client CSX Transportation, Inc. ("CSXT") in an important case regarding the correct legal standard for establishing employer knowledge of protected activity under the Federal Railroad Safety Act ("FRSA").
  • The Washington Post successfully negotiates collective bargaining agreementJones Day represented The Washington Post in successful collective bargaining negotiations with the Washington Baltimore Newspaper Guild, securing the union's agreement to freeze the defined benefit pension plan, ending all future accruals for Guild-covered employees, and to freeze of all retiree medical plans.
  • Dayton Tire achieves reassessment by D.C. Circuit of all willful allegations and penalties in OSHA matter regarding lockout/tagout standardsJones Day represented Dayton Tire, a former division of Bridgestone/Firestone, Inc. in this OSHA matter.
    • View All

    July 2021 Commentary

    Recent SEC Enforcement Action Stresses Importance of Not Impeding Whistleblower Communications with Regulators

    June 2021 Commentary

    SEC Awards $28 Million+ to Whistleblower for Tip Relating to 2018 FCPA Settlements

    May 2020 White Paper

    Avoiding Pandemic-Related Employment Litigation and Disputes

    April 2015 Alert

    NLRB Accuses USPS of Failing to Bargain Data Breach Response

    March 2014 Alert

    U.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Private Contractors

    January 2012 Alert

    Labor Board Purports to Invalidate Class Action Waivers in Employment Arbitration Agreements

    July 2010 Commentary

    Immediate Reinstatement of Terminated Employees Under the Federal Whistleblower Statutes

    October 2009 Jones Day Publications

    Recent Developments in Traditional Labor Law, 2009 Employment Law Conference, National Employment Law Institute

    Additional Publications

    • 2016
      The Limits of OSHA’s Authority to Regulate "Fissured" Workplaces, coauthor, Who is an Employee and Who is the Employer?: Proceedings of the New York University 68th Annual Conference on Labor
    • March 2010
      EEOC's proposed rule seeks to clarify the 'reasonable factor other than age' defense to disparate impact claims under the ADEA
    • June 2009
      Change Is Coming: Labor Organizing In A New Era, coauthor, Pacific Coast Labor & Employment Law Conference

    Additional Speaking Engagements

    • November 19, 2009
      OSHA in the Obama Administration: Rulemaking, Enforcement, and Legislation

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