Thomas R.Chiavetta Jr. (Tom)

Partner

Washington + 1.202.879.3975

Tom Chiavetta is a skilled litigator with a long track record of success representing companies in high-stakes labor and employment matters. Drawing on nearly 15 years of experience, Tom works closely with clients to devise and execute winning strategies in class action lawsuits, labor arbitrations, Railway Labor Act litigation, discrimination cases, and whistleblower proceedings.

While working with a variety of clients, Tom has particular experience representing those in the transportation industry. For more than a decade, Tom has worked closely with several of the country's largest freight railroads and airlines on some of their most important and high-profile matters, including nationwide collective bargaining negotiations, threatened work stoppages, and arbitrations concerning employee pay and health care benefits.

In addition to practicing in federal court, Tom has extensive experience litigating before administrative agencies. In recent years, Tom has tried and won five cases pending before the U.S. Department of Labor and successfully obtained the dismissal of dozens of whistleblower claims investigated by the Occupational Safety and Health Administration (OSHA).

Tom is an active member of the American Bar Association's Railway and Airline Labor Law Committee. He has spoken on a variety of topics at railroad and airline labor law conferences and is an editor of The Railway Labor Act treatise.

Experience

  • Spirit Airlines wins arbitration over pilot payJones Day client Spirit Airlines, Inc. prevailed in an arbitration regarding the circumstances under which pilots are entitled to additional pay while being held at the airport for possible rescheduling.
  • CSX wins summary judgment on FMLA putative class claims and defeats disability discrimination claimsIn a putative class action lawsuit, Jones Day client CSX Transportation, Inc. obtained summary judgment on claims alleging that the company's attendance policy and method of accounting for FMLA leave were unlawful.
  • CSXIT wins summary judgment on former employee's discrimination and retaliation claimsJones Day obtained summary judgment on behalf of CSX Intermodal Terminals, Inc. ("CSXIT") on all claims brought by the plaintiff regarding his termination.
  • Rail carriers prevail in collective bargaining interest arbitrationIn 2018, Jones Day represented the National Carriers' Conference Committee -- a bargaining coalition comprising all of the nation's major freight railroads -- in a major arbitration to set the terms of labor agreements with two labor unions.
  • 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.
  • 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").
  • 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").
  • Bloomberg wins dismissal in well-publicized pregnancy discrimination case brought by EEOCJones Day successfully defended Bloomberg, L.P. in a company-wide national and international discrimination and retaliation class action case brought by the Equal Employment Opportunity Commission (EEOC) that alleged that Bloomberg engaged in a pattern or practice of pregnancy discrimination by, among other things, reducing the pay of pregnant women and women who took maternity leave.
  • The Washington Post obtains dismissal of refusal to bargain chargeJones Day obtained dismissal of unfair labor practice charges against The Washington Post filed by the CWA/Washington Mailers Union, and found that The Post did not make unlawful unilateral changes to long-standing work practices during contract hiatus and after bargaining impasse.
  • U.S. Commission on International Religious Freedom earns dismissal of EEOC's religious discrimination claimsJones Day represented the U.S. Commission on International Religious Freedom ("USCIRF") and its former chairman in this proceeding in which the complainant, a Muslim woman, alleged that USCIRF discriminated against her on the basis of religion by (1) rescinding a job offer it had extended to her; and (2) failing to renew her temporary contract.
  • Xerox defends retiree health care ERISA class actionJones Day represents Xerox Corporation and other defendants in a putative class action brought under ERISA alleging that Xerox violated ERISA in changing its retiree health care plans.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
  • Speaking Engagements

    • March 10, 2016
      American Bar Association, Section of Labor and Employment Law, Railway and Airline Labor Law Committee Midwinter Meeting -- What Is a Carrier?