While we await the Administrative Review Board’s official burial notice for the railroads’ bogus “election of remedies” argument, here is another nail in the coffin of that dead Federal Rail Safety Act defense: Thompson v. Norfolk Southern Railway Corp., where yet another Administrative Law Judge explains why “the FRSA does not prevent an individual

Once again, OSHA has slammed Metro North Railroad with punitive damages for disregarding the Federal Rail Safety Act rights of its employees. This time it is for using prior injuries to deny promotions, and the resulting punitive damage award is $125,000.

Like many railroads, Metro North has a policy and practice of considering an employee’s

Another railroad has been hit with Federal Rail Safety Act punitive damages for disciplining injured employees based on vague safety rules. This time it’s the Burlington Northern Railroad, who charged a conductor with being "careless of the safety of yourself and others" after he reported an injury. At the disciplinary trial, the charging officer "testified

Here’s the latest judicial decision rejecting the bogus "election of remedies" defense railroads continue to raise in Federal Rail Safety Act cases. This one is especially sweet in that it allows a worker to continue her frontal attack against Norfolk Southern Railway’s notorious practice of firing employees who report on duty injuries.

The facts are