William G. Jungbauer
Yaeger, Jungbauer, & Barczak
2550 University Avenue West, Suite 345N
St. Paul, MN 55114
Jungbauer is the President and Senior Partner of the law firm of Yaeger, Jungbauer & Barczak. (YJB). This law firm is the ONLY Plaintiff’s FELA Law firm in the USA to be recognized by U.S. News and World Reports as in its First Tier of law firms on a National basis in 2010-2013, every year of such law firm rankings. YJB has represented Railroad workers since 1929.
I. Significant Cases/Clients Represented:
Represented ARLA, the Association of Rail Labor Attorneys before the UNITED STATES SUPREME COURT as Counsel of Record in filing of Amicus Brief in Historic FELA case of CSX v. McBride. Supreme Court cited this brief twice and adopted major arguments of such brief in its Majority Opinion in 2011.
ARLA Board voted UNANIMOUSLY to have Jungbauer represent ARLA before the United States Supreme Court due to the importance of this case. Even attorneys who compete with Jungbauer and may have disagreed with him on other matters agreed that he and his firm needed to represent ARLA before the Court in this matter. Jungbauer & his lawyers conferred with all attorneys representing the victorious injured worker to formulate the best possible briefing and argument of the case before the Supreme Court providing legal research, opinions, advice and critique of opposition arguments in this case.
Represented the Brotherhood of Locomotive Engineers before the UNITED STATES SUPREME COURT as Counsel of Record in filing of Amicus Brief in FELA case of Norfolk & Western RR v. Ayers Supreme Court ruled in favor of FELA Plaintiffs in this case.
Jungbauer was instrumental in advising Congress of the problem of harassment and intimidation of injured RR workers by Rail Carriers. Jungbauer was instrumental in providing sufficient evidence to Congress to justify a national congressional hearing into the subject of harassment and intimidation of RR workers over the strong protest of Rail Carriers and their lobbyists. Jungbauer was the Only Lawyer in the Country called to testify before the U.S. House of Representatives full Transportation and Infrastructure Committee in 2007 Hearings on “The Impact of Railroad Injury, Accident, and Discipline Policies on the Safety of America’s Railroads”. Republican Minority Leader of the Committee objected to Jungbauer’s testimony and appearance before thecommittee on the record, but was rebuffed by Chairman Oberstar. All Class 1 Railroads had executives testify; FRA had its Chairman Mr. Boardman testify; the UTU had its National Legislative Director James (Brokenrail) Brunkenhoefer testify; John Tolman, National Legislative Director for the BLET also testified. Jungbauer’s testimony and the entire hearing were nationally televised and copies of such hearing are available on CD for both video and audio review and review of all documents via the Congressional Record.
This Hearing and testimony presented were the basis of the 2007 and 2008 "Whistleblower Laws” codified at 49 USC 20109, the most 3 significant legislative victory for Railroad Workers in many years. This Law enables injured union workers to fight against harassment and intimidation by carriers on matters that RR Carriers claim that unions have no ability to object to or fight against. Damages including punitive damages are available and have been assessed against RR’s under this Law.
- Successfully obtained NATIONAL Federal Court Temporary Restraining Order and Injunction against Burlington Northern RR PREVENTING RR from forcing UTU union members who opted for up to $60,000 buyout of seniority in national force reduction to give up FELA and other claims against RR in consideration of accepting such buyout. RR appealed to 8th Circuit Court of Appeals but settled case on terms we demanded. Jungbauer and his firm were the only lawyers in the country to fight the BN nationally on this matter. BN attempted to force Jungbauer and his UTU client to post a bond of over $1 Million per day during the legal fight in this matter. The Federal Court sided with Jungbauer and his client; BN was forced to allow its UTU members to signed the buy-out agreement to be able to keep any hearing loss or other possible claims against BN in addition to collecting the $60,000 buy out.
- Forced FRA and its Chairman John Riley and NTSB to recant FALSE allegations and conclusions nationally published on Television and in print media by Riley accusing three BN Train Service employees who lost their lives in the 1984 Motley, MN Train Collision of being legally drunk on the job at the time of their deaths. Succeeded in convincing NTSB to change its post-mortem testing procedures to avoid false positive results of alcohol in these cases where even the prestigious Armed Forces Institute of Pathology inaccurately concluded that all three crew members who were killed in the collision were legally drunk on the job . Succeeded in obtaining the largest FELA Wrongful Death Settlements in the History of the Railroad at the time of settlement.
- Obtained the largest Punitive Damage Award as of such date under the new Whistleblower Law for a BNSF employee who was wrongfully assessed a penalty of a “level S, deferred” mark on her record for filing an FELA claim. Such employee, who settled her FELA back to 4 work knee injury received an award of over $325,000 against BNSF; BNSF was ordered to abolish its programs and policies that intimidate workers who report injuries by assessing them demerit “points” which go on the employees’ record. This award has national implications for all railroads that use programs or policies that have the effect of discouraging employees from filing or reporting injuries for fear of harassment. Case currently on appeal by the RR.
- Tennant v. DME RR, Hennepin County, MN: Jungbauer tried FELA case to verdict and obtained $4.25 Million Verdict for RSD wrist injury case; largest FELA verdict in MN History and one of the largest RSD verdicts nationally. UTU Switchman who was injured realigning a board onto a paper car when his hand became pinched between board and car.
- H. Jungbauer has personally COLLECTED over $100 Million for Railroad Workers and their families in settlements and verdicts in federal and state courts across the country.
- Resigned as Chairman of Ethics compliance committee in protest of improper/illegal activity. Independent Govt investigation of such activity eventually led to conviction and imprisonment of national union president.
EDUCATION AND EMPLOYMENT & RECOGNITIONS:
- President and Senior Partner of Law Firm of Yaeger, Jungbauer, & Barczak; employee/attorney/partner of firm 1977-Present.
Board Certified Civil Trial Specialist by National Board of Trial Advocacy since 1993 and Minnesota State Bar Association since 1990.
Listed in Best Lawyers of America; Railroad Law Section every year the publication has recognized field of Railroad Law. Firm recognition: YJB has more lawyers listed as Best Lawyers in America in Railroad Law than any FELA firm in USA.
Jungbauer has been awarded the highest possible peer review lawyer rating-preeminent by Martindale Hubbell -National Lawyer Rating Service - 5.0 out of Possible 5.0 Rating
- Recognized as a "Super Lawyer" in State of Minnesota.
Past National Chairman, Board Member and current member of Academy of Rail Labor Attorneys (ARLA). Jungbauer has supported Rail Labor political candidates through ARLA. Frequent ARLA lecturer on Rail Law topics.
Past National Chairman and current member of Association of Trial Lawyers of America; Railroad Law Section, now known as AAJ, American Association for Justice.
- B.A. Political Science/History, St. Mary’s College, Winona, MN 1971-75, summa cum laude.
- Juris Doctor Degree, University of Minnesota Law School 1975-78
- Elected United States Electoral College for State of Minnesota, 1972; Youngest member of Electoral College in U.S. History at age 19
- Rotary International Scholar, Edinburgh University, Edinburgh, Scotland 1974-75
- Senior Trial Attorney, practicing with firm that has been in existence since 1929 practicing in the field of railroad litigation, personal injury, and wrongful death litigation
- Past National Chairman of Brotherhood of Locomotive Engineers Designated Legal Counsel, (BLE- DLC) and Chairman of BLET DLC Ethics Compliance Committee !Resigned as Chairman of Ethics compliance committee in protest of improper/illegal activity. Independent Govt investigation of such activity eventually led to conviction and imprisonment of national union president
- Resigned as BLET DLC rather than sign document that could have required illegal obstruction of justice by requiring DLC Lawyers to tip off union officials of government corruption investigations during Govt. investigation of BLET and its DLC system. BLET members injured on the job now directed to ARLA list of attorneys; lawyers representing BLET injured workers are no longer forced to sign illegal document.
II. Bar Admissions:
- Supreme Court, State of Minnesota, September 29, 1978
- U.S. District Court, District of Minnesota, October 11, 1978
- U.S. District Court, Eastern District of Wisconsin, August 30, 1979
- U.S. Court of Appeals, Eighth Circuit, March 26, 1980
- United States Supreme Court, November 30, 1981
- U.S. Court of Appeals, Ninth Circuit, June 30, 1986
- Supreme Court, State of Wisconsin, April 24, 1989
- U.S. District Court, Central District of Illinois, March 20, 1990
- U.S. District Court, District of Montana, February 21, 1992
- Supreme Court, State of Montana, May 13, 1993
- U.S. District Court, District of Colorado, November 9, 1993
- Supreme Court, State of Colorado, December 29, 1993
- U.S. District Court, Northern District of Illinois, July 26, 1994
- U.S. District Court, Southern District of Illinois, August 20, 1999
- U.S. District Court, Southern District of Texas, October 4, 1999
- Admitted Pro Hac Vice in numerous federal and state courts around the country.
III. Publications and Lectures:
Co-author of Train Accident Reconstruction and FELA and Railroad Litigation:
Volume I,-IV. This hard cover publication is published by Lawyer’s & Judges 8 Publishing Company and is one of the company’s bestselling legal publications and is distributed nationally. Volume V is nearing completion at this time. Jungbauer writes and edits the law and litigation parts of the treatise. Jim Loumiet is a Railroad reconstruction expert and writes of rail accident investigation.
- Contributing author to Assessing Family Loss in Wrongful Death Litigation:
Jungbauer’s article: "Maximizing Recovery in FELA Wrongful Death Actions" has been the basis for presentations and at seminars for lawyers, economists, vocational rehabilitation experts, and family social scientists at law schools and/or national meetings of various experts as noted below:
- Lectured at the Western Economic Association International on calculation of wrongful death damages. Leading forensic economists debated how damages for injured workers and workers who lose their lives on the job should be calculated in legal proceedings. Only attorney invited to attend and make presentation.
- Jungbauer was invited by the IARP, International Association of Rehabilitation Professionals in December of 2001 to lecture at their national convention in New Orleans on the subjects of wrongful death damages and ethical considerations for rehabilitation professionals representing railroads. Only attorney invited to present paper and lecture at national convention.
- Jungbauer has lectured at the University of Minnesota School of Social Science (Role of family social scientist in valuating 9 wrongful death claims), University of Montana Law School (Proving damages in Plaintiff’s case) and the University of Toledo
(Liability and Damages claims in FELA litigation).
- Jungbauer lectured at the many Association of Trial Lawyers of America (ATLA) national meetings for national CLE credit in various cities around the country including:
- July 2002: ATLA Meeting, Atlanta Georgia: "Railroad Tampering with Evidence and Witnesses"
- May 2003: ATLA Meeting, "Valuation of Services in Wrongful Death cases".
- Jungbauer has lectured at many Academy of Rail Labor Attorneys (ARLA) national meetings for national CLE credit in various cities around the country including:
- May, 2012, ARLA 23rd Annual Meeting, Washington, DC. Jungbauer and US. Dept. of Labor officials made presentations on Laws, Regulations, Ethics and Reporting Requirements for union leaders, union officers and lawyers representing union workers including Designated Legal Counsel and their law firms.
- February 2003: ARLA 14th Annual Winter Meeting Florida: "Norfolk Western v. Ayers" U.S. Supreme Court Decision.
- May 2002: ARLA Annual Convention St. Thomas, B.V.I.: "Compliance Programs for FELA Attorneys" – a review of the 10 obligations of lawyers representing union workers and interacting with Union Officials regarding reporting obligations, prohibited activities and laws and regulations affecting such union-law firm activities.
- May 2002: ARLA Annual Convention St. Thomas, B.V.I.: Cross Examination of Defense Rehabilitation Experts Using Codes of Ethics
- Jungbauer has personally handled railroad cases from Alaska to Florida and Maine to California with every major U.S. rail carrier and many smaller railroads.
Yaeger, Jungbauer & Barczak (YJB) has always supported the rights of working men and women and supported various rail labor organizations in education and training of members and officers and substantially supported labor endorsed candidates for federal and state offices in many different states. YJB law firm has been affiliated with rail labor and FELA representation of rail workers for over 80 years.
Jungbauer was a member of the Sheet Metal Workers Union while working at American Can Company in St. Paul, MN in the early 1970's (now Sheet Metal Worker’s Local 10); Jungbauer’s father in law was a Sheet Metal Worker. Bill and Janet have been married for 34 years. Jungbauer is one of eleven children, and has a brother Lou who is also a partner and lawyer in the Yaeger, Jungbauer & Barczak law firm.
Jungbauer is President and senior partner of Yaeger, Jungbauer & Barczak. He has worked at the firm since April, 1978.
ETHICS: Bill Jungbauer has been a national leader in promoting Lawyer compliance with all codes of ethics and ethical behavior in all Union Officer-Union Lawyer contacts. Jungbauer helped introduce and enforce ethical codes for DLC lawyers. He stood up to unethical conduct and even resigned from several important positions with a major union to stop or deter unethical behavior.
Jungbauer as National Chairman of ARLA first contacted and met with US Dept of Labor OLMS leaders to discuss rules and regulations for lawyers and union officers to help make sure that all involved understood and complied with such rules and regulations.
Jungbauer continues to fight for full and complete compliance with all Rules and Regulations enforcing ethical conduct for lawyers representing union members including Designated Legal Counsel programs and to encourage labor unions to adopt and enforce adequate compliance programs to stop corruption of labor organizations by lawyers and other employers doing business with union leaders and labor organizations.
Jungbauer has fought for and continues to work to convince organizations such as ARLA and union DLC programs to adopt and enforce compliance programs as required by laws and regulations for the purpose of eliminating corruption.