The Supreme Court’s landmark decision in Murray v. UBS eliminates the use of “intentional retaliation” to defeat Federal Rail Safety Act whistleblower cases. But Murray does much more than that. By clarifying the FRSA’s two step burden of proof, it serves as a road map for winning “late” or “false” injury report FRSA cases. Here’s
Railroad Retaliation
How to Protect Medical Absences Without FRSA Subsection (c)(2)
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Every day, the operations of our nation’s railroads place at risk the safety of countless passengers, employees, drivers at crossings, contractors along the tracks, and the homes, schools, and work places in communities through which trains carry toxic and explosive materials. If a railroad worker is suffering from a medical condition rendering him fatigued, unable…
Federal Courts Protect Rail Workers Refusal To Violate Safety Regulations
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Rail workers under management pressure to violate FRA safety regulations, take heart. Two ground breaking federal court decisions uphold your Federal Rail Safety Act right to be free from retaliation when you refuse to violate federal safety regulations.
Gregory Morgan v. Norfolk Southern Railway Co., was brought by a Road Foreman after he was…
Metro North Hit With Seven FRSA c(2) Violations
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
Once again, the federal government is telling Metro North that its “discipline trumps safety” culture must change. OSHA’s Whistleblower Directorate has found Metro North violated subsection c(2) of the Federal Rail Safety Act in seven cases. In each case, the employee followed his doctor’s order to stay home because he could not safely perform his…
A Road Map For FRSA Attorney Fee Awards
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The second Federal Rail Safety Act jury trial in the nation has precipitated a primer on the award of FRSA attorney fees. In Brig and Buchala v. PATH, the jury found the Railroad violated the FRSA when it retaliated against two workers who complained when an unscheduled train nearly struck them. Here are excerpts…
Railroad Hearings Are Not Binding In FRSA Cases
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a definitive decision, a U.S. Circuit Court of Appeals has barred railroads from using RLA arbitration findings to preclude Federal Rail Safety Act whistleblower retaliation cases. The Court held that self-serving railroad disciplinary hearings cannot and do not have any effect on the right of employees to sue railroads for violating the FRSA.
The…
FRSA Forces Railroad To Give Injured Employee Return To Work Physical
By Charlie Goetsch on
Posted in Federal Rail Safety Act
A recent decision against Amtrak clarifies the Federal Rail Safety Act rights of injured employees to return to work over a railroad’s objection.
After Amtrak locomotive engineer Jonette Nagra reported a work related injury, her treating neurosurgeon kept her out of work on temporary total disability. Eventually her doctor released her to return to work…
Federal Court Decision Analyzes “False” and “Late” Injury Reports
By Charlie Goetsch on
Posted in Federal Rail Safety Act
An important district court decision spells out how to analyze discipline based on allegedly "false" or "late" injury reports. And also you can add it to the growing list of cases rejecting the hapless "election of remedies" defense still being raised by railroads in Federal Rail Safety Act cases.
Election of Remedies
After Track Department…
ALERT: FRSA Trumps Railroad Attendance Policy Discipline!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
It’s official: railroad employees who follow their treating doctor’s orders not to work cannot be disciplined for those absences, even if the absence is due to an off-duty medical condition. Why? Because Bala v. PATH now is the law of the land, having just been affirmed in full by the highest appeals tribunal in…
The Filing Of A FRSA Complaint Is a VERY Protected Activity
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Question: What is the surest way for a railroad to get hit with punitive damages?
Answer: Base a disciplinary charge on an employee’s FRSA complaint.
Railroads that have tried this bone headed move are now 0-3, and OSHA has slammed them with punitive damages every time.
The latest example comes from Pan Am…