The bogus "election of remedies" defense to Federal Rail Safety Act claims raised by railroads just took a major hit. Yesterday the Department of Labor filed an appellate Brief confirming that a railroad worker who pursues a grievance or arbitration under the Railway Labor Act is not thereby precluded from simultaneously pursuing a FRSA whistleblower protection claim. Noting that "retaliation and
May 2010
FRSA Prohibits Discipline For Following Treating Doctor’s Orders
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s more confirmation that an injured railroad worker cannot be disciplined for following his treating doctor’s orders. Under the Federal Rail Safety Act, railroads are strictly prohibited from "denying, delaying, or interfering" with the medical treatment plan of a treating doctor. In a recent Award, OSHA found that PATH Rail violated the FRSA when…
Another Judge Rejects Rail Management’s Bogus FRSA Defense
By Charlie Goetsch on
Railroads are losing their campaign to gut the Federal Rail Safety Act by claiming that the Railway Labor Act precludes rail workers from invoking FRSA protection. In a resounding well-reasoned decision, Administrative Law Judge Richard A. Morgan explains that Congress enacted the FRSA "to allow employees to attempt to vindicate their rights using multiple means"…