Railroad Whistleblower

Another federal district court judge has rejected rail management’s bogus "election of remedies" defense to Federal Rail Safety Act whistleblower retaliation complaints.

Reed v. Norfolk Southern Railway Company concerned a trackman who was fired after reporting an injury. While the Brotherhood of Maintenance of Way Employees union was representing him for that disciplinary action, Reed also filed a complaint

The law governing Federal Rail Safety Act retaliation complaints just got a whole lot clearer. In a precedent setting decision, a United States Circuit Court of Appeals has resoundingly confirmed the remedial purpose of the FRSA while clarifying the employee-friendly legal standards that apply to all FRSA complaints. As a result, Anthony Araujo v. New

The old English Common Law had a phrase for the argument: “de minimis non curat lex” (“the law does not concern itself with trifles”). But unfortunately for American railroads, the U.S. Department of Labor’s Administrative Review Board has emphatically rejected the application of that argument to violations of the Federal Rail Safety Act