Jacqueline M.Holmes (Jackie)

Partner

(T) + 1.202.879.3620

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

  • 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.
  • U.S. Chamber of Commerce wins reversal in Ninth Circuit, eliminating Seattle’s defense of state-action immunity to federal antitrust lawJones Day represents the U.S. Chamber of Commerce in a federal lawsuit against the City of Seattle.
  • 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.
  • Verizon negotiates collective bargaining agreement with Communications Workers of AmericaJones Day advised Verizon Communications, Inc. (New York, NY) in 2003, 2008, and 2011 in connection with its collective bargaining negotiations with the Communications Workers of America representing Verizon employees up and down the East Coast and in related state court injunction proceedings.
  • Verizon Maryland wins OSHA regulation hearing involving first-aid trainingJones Day successfully represented Verizon Maryland, Inc. in an OSHA hearing involving regulation of first-aid training.
  • U.S. Chamber of Commerce provides testimony on impact of OSHA standards on job creation and occupational noise exposureJones Day provided testimony on behalf of the U.S. Chamber of Commerce before the United States House of Representatives Committee on Education and the Workforce, Subcommittee on Workforce Protections on the impact of OSHA standards on job creation, and OSHA's now-withdrawn reinterpretation of its noise standard.
  • CSXT obtains dismissal in whistleblower complaint filed under FRSAJones Day represented CSX Transportation, Inc. in a whistleblower complaint by an employee under the Federal Rail Safety Act.
  • CSXT prevails in whistleblower case alleging retaliation under FRSAJones Day represented CSX Transportation, Inc. in a whistleblower complaint filed by an employee, who admittedly violated a company safety rule and was suspended for five days, as was consistent with company disciplinary policy.
  • The Washington Post prevails in arbitration proceedings regarding imposed disciplineJones Day represented The Washington Post in arbitration proceedings regarding discipline imposed for failure to work a scheduled shift.
  • Speaking Engagements

    • November 19, 2009
      OSHA in the Obama Administration: Rulemaking, Enforcement, and Legislation
    We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.