Railroad Retaliation

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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…

Here’s another example of what happens when a railroad tries to blame an injured worker instead of taking responsibility for the workplace culture that caused the injury in the first place. Declaring “An employer does not have the right to retaliate against its employees who report work-related injuries,” OSHA’s Whistleblower Office ordered two Illinois railroads…

 Metro North Railroad’s attempt to exempt itself from punitive damages under the Federal Rail Safety Act has failed. In a case of first impression, an ALJ has just ruled that ALL railroads–including publicly owned commuter railroads–are subject to the FRSA’s punitive damage remedy. Plus, the ALJ is requiring Metro North Railroad to go through the…

Here’s a true story that should give any railroad supervisor pause. The fact is, you never know where an act of retaliation will lead. After you commit an act of retaliation, you simply can not control how it reverberates in people’s lives. And while all retaliation hurts, it can kill as well. It’s like a…

Here’s an open secret: retaliation is the hallmark of an insecure manager who has no clue how to lead workers and who knows in his heart he is not qualified to be in a position of power.

Insecure rail managers perceive reports of safety concerns or injuries as a personal affront to their authority and…