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 Whistleblower
FRSA District Court Decisions Update
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The trickle of federal district court FRSA decisions has turned into a steady stream. To keep up, here is a listing of recent district court opinions interpreting Section 20109 of the Federal Rail Safety Act, with a summary of their significance.
Temporal proximity
Myles v. Northeast Ill. Reg’l Commuter Rail Corp., 2015 U.S.…
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…
“Good Faith” Reporting of Hazardous Safety Conditions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Today’s front page article in the New York Times exposes the fundamental problem with the rail management’s safety culture. When a mayor and her fire chief went to the site of a liquid gas derailment in their town, the railroad threatened to arrest them. Describing the railroad’s response to their legitimate concern over an obvious…
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…
FRSA Federal Court Jurisdiction Clarified
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The latest Federal Rail Safety Act district court decision confirms that the statutory jurisdiction of the federal courts over railroad whistleblower cases can not be limited by DOL regulations or actions.
After trackmen Donald Glista and William Orr reported injuries, Norfolk Southern Railway fired them for "conduct unbecoming" and for making "false and conflicting statements." For that blatant…
FRSA Case Law Update
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Two recent decisions clarify the "intervening event" defense, the limitations period, and the basis for emotional distress damages in Federal Rail Safety Act cases.
An "Intervening Event" Is Not A FRSA Defense
Railroads often argue that the firing of an employee was based on an "intervening event" that breaks the causal connection between the FRSA protected activity and…
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…
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…