The Source for Railroad Injuries & Whistleblower Protection
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…
Griebel v. Union Pacific Railroad is yet another example of rail management’s attempt to circumvent the Federal Rail Safety Act through discipline for “false and misleading” injury reports. After Griebel reported a work-related injury, the Railroad fired him for a “failure to honestly and timely make a report of injury.” A Public Law Board eventually…
It’s official: injured railroad workers who seek medical attention now have a triple layer of protection against retaliatory discrimination. A U.S. District Court has joined OSHA and the Administrative Review Board in ruling that a railroad’s denial, delay, or interference with the medical treatment of an injured employee is a form of “discrimination” prohibited by…
The damages for violations of the Federal Rail Safety Act just keep expanding. The latest record breaker goes against the Union Pacific Railroad: $175,000 in punitive damages and $100,000 for emotional distress, all for firing a conductor who reported a minor injury.
In addition to the immediate reinstatement, lost wages, and attorney fees ordered,…
There has been a flurry of Federal Rail Safety Act decisions in the past few weeks, all positive for workers, and all demonstrating a trend toward higher punitive damage awards.
Pfeifer v. Union Pacific Railroad concerns retaliation against a conductor who reported safety hazards. After he reported rough spots on the railroad track, he was…
Add this to the growing chorus of judicial voices shouting down the bogus "election of remedies" defense raised by railroads. In a cogent decision, Judge Berlin confirms that Federal Rail Safety Act complaints are independent of Railway Labor Act disciplinary proceedings and cannot be derailed by a RLA award reinstating an employee with back pay.
Here are the facts.
The Union Pacific Railroad is about to learn the hard way that arrogance is not a defense to the Federal Rail Safety Act.
The FRSA gives OSHA the power to order the “preliminary reinstatement” of an employee with full back pay. The reinstatement goes into immediate effect even if the railroad objects…