Yet another federal district court judge has rejected rail management’s election of remedies defense to Federal Rail Safety Act whistleblower retaliation complaints. You can add Ratledge v. Norfolk Southern Railway Company to the growing list of federal court decisions dope slapping the railroads who raise such a hapless argument: see Solis, Reed, and
Norfolk Southern Rail
Some Federal Rail Safety Act Updates
Here are some recent developments in the world of the Federal Rail Safety Act.
In Bailey v. Consolidated Rail Corp., ALJ Colleen A. Geraghty found that the Railroad retaliated against the employee due to his reporting safety concerns, and ordered various FRSA make whole remedies. Perhaps the most interesting aspect of the Decision…
Another Judge Rules FRSA Not Derailed By CBA Appeals
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…
Norfolk Southern Hit With FRSA Damages
OSHA has blown the whistle on Norfolk Southern Railway Company’s practice of disciplining injured workers based on bogus “falsification” charges. From now on, Norfolk Southern’s “falsification” strategy will cost it dearly.
In order to discourage the reporting of injuries, Norfolk Southern routinely charges injured employees with “falsifying” the injury. That is what happened to Conductor…