Don Munro is one of the country's leading transportation industry lawyers, representing clients in high-stakes labor, employment, and regulatory matters. His experience encompasses collective bargaining, wage and hour, employee safety, discrimination, wrongful discharge, restrictive covenants, Family and Medical Leave Act and sick leave, health and welfare plans, contract disputes, executive compensation, whistleblowers, and disputes involving federal preemption of state law. Don is a nationally known authority on the Railway Labor Act and serves as the primary outside counsel for the National Railway Labor Conference. His clients also include all of the Class I railroads in the United States, as well as major and regional airlines, airline service providers, and commuter railroads.
For 20 years, Don has successfully defended transportation companies in court and before various federal agencies and arbitration panels, including the National Mediation Board, the Surface Transportation Board, the Federal Aviation Administration, the Federal Railroad Administration, and presidential emergency boards. He has briefed and argued more than 30 cases in the U.S. courts of appeal across the country. He is a frequent speaker at airline and railroad labor law conferences and served as the co-chair of the ABA Railway and Airline Labor Law Committee from 2013 to 2016. Don is also a senior editor of The Railway Labor Act treatise.
Don maintains a substantial pro bono practice, providing advice to charities and nonprofits in various employment matters. He also taught employment law for many years as an adjunct professor at The George Washington University School of Law.
The following represents experience prior to joining Jones Day.
Represented BNSF Railway in case involving whether dispute over transaction between private and public entities is major or minor under the Railway Labor Act. BMWED v. BNSF Railway, No. 08-2232 (10th Cir.).
Represented Kansas City Southern Railway in case involving whether dispute over assignment of work is major or minor under the Railway Labor Act. Sheet Metal Workers Int’l Assoc. v. Kansas City Southern Railway, 2009 U.S. Dist. LEXIS 104376, 187 LRRM 2637 (W.D. Mo. 2009).
Represented BNSF Railway in challenge to direct observation rules for employee drug testing in transportation industry. BNSF Railway, et al. v. Department of Transportation, 566 F.3d 200 (D.C. Cir. 2009).
Represented BNSF Railway in petition to vacate arbitration award. BNSF Railway v. Brotherhood of Maintenance of Way Employees, 550 F.3d 418 (5th Cir. 2008).
Represented Union Pacific Railroad in opposing constitutional due process challenge to railroad’s policies regarding engineer certification and training. Daniels v. Union Pacific Railroad, 530 F.3d 936 (D.C. Cir. 2008).
Represented Longview Switching Company in challenge to trackage rights agreement under Railway Labor Act and ICC Termination Act. United Transportation Union v. Longview Switching Co., et al., 528 F.3d 674 (9th Cir. 2008).
Represented Union Pacific Railroad in Title VII gender discrimination challenge to lack of coverage of contraception in group health plan. Standridge v. Union Pacific Railroad, 479 F.3d 936 (8th Cir. 2007).
Represented major Class I rail carriers in case involving whether the Family and Medical Leave Act authorizes substitution of paid leave provided under collective bargaining agreements. Brotherhood of Maintenance of Way Employees, et al. v. CSX Transportation, Inc., et al., 478 F.3d 814 (7th Cir. 2007).
Represented BNSF Railway in defending against EEOC charge alleging age discrimination in connection with voluntary early retirement programs. EEOC v. BNSF, No. 2:06-cv-2069 (D. Kan.).
Represented Union Pacific in connection with interference charge arising from representation election campaign by the American Train Dispatcher Association. American Train Dispatcher Association v. Union Pacific, 34 NMB 21 (2006).
Represented BNSF Railway in age discrimination case involving job protection benefits arising from railroad merger. Larson v. Burlington Northern Santa Fe Ry., et al., 2006 U.S. Dist. LEXIS 10886 (N.D. Ill. June 20, 2006).
Represented Union Pacific in challenge to employee discipline under FELA. Stinchfield v. Union Pacific, No. 2:06-CV-2405 (E.D. Cal. 2006).
Represented BNSF Railway in “duty of fair representation” case. Seelye v. BNSF et al., No. 1:05-cv-00130 (D. N.D.)
Represented major Class I rail carriers in obtaining injunction against strikes by engineers’ union over implementation of remote control locomotive technology. Burlington Northern Santa Fe Ry., et al. v. BLET, 367 F.3d 675 (7th Cir. 2004).
Represented BNSF Railway in dispute over whether railroad safety standards and discipline policies violated the Railway Labor Act, the Price Anderson Act, or other federal law. Bauer v. BNSF Railway, No. 5:03-cv-04110 (N.D. Iowa).
Represented major Class I rail carriers in obtaining permanent injunction requiring union to provide 10 day notice in advance of strikes. Burlington Northern Santa Fe Ry., et al. v. BMWE, 286 F.3d 803 (5th Cir. 2002).
Represented major Class I rail carriers in litigation over whether railroad industry has statutory right to bargain on a multi-employer basis. General Committee of Adjustment v. Burlington Northern Santa Fe Ry., et al., 295 F.3d 1337 (D.C. Cir. 2002).
Second Circuit Overturns NLRB Unit Determination and Admonishes NLRB for Misapplying Specialty Healthcare Standard
NLRB Overturns Register Guard and Holds Employees Have Presumptive Right to Use Employer Email for Section 7 Activities
- May 1-2, 2014
Jones Day 2014 Railway Labor Act Symposium
- March 14, 2014
The Affordable Care Act: How Will It Change Health Care for Railroad and Airline Employees? American Bar Association, Section of Labor and Employment Law, Railway and Airline Labor Law Committee Midwinter Meeting
- May 9-10, 2013
Jones Day 2013 Railway Labor Act Symposium
- April 9, 2013
2013 Government Contractor Labor & Employment Discussion Group
- June 7 - 8, 2012
Jones Day 2012 Railway Labor Act Symposium
- April 13, 2011
Executive Roundtable Series - Labor and Employment: What Should Employers Expect in 2011?
- April 12, 2011
Jones Day Railway Labor Act Symposium
- University of Virginia (J.D. 1994; Order of the Coif; Articles Editor, Virginia Law Review); The Johns Hopkins University (B.A. in International Relations 1990; Phi Beta Kappa)
- District of Columbia, Maryland, U.S. Supreme Court, 11 federal courts of appeal, U.S. Court of Federal Claims, and a number of federal district courts
Recognized in The Legal 500 United States 2013 edition in the category of labor & employment — litigation
Fellow, College of Labor and Employment Lawyers
- Law Clerk to Judge J. Harvie Wilkinson III, U.S. Court of Appeals, Fourth Circuit (1994-1995)