CASE STUDY

WHISTLEBLOWER

Federal jury renders landmark verdict in favor of railroad workers’ safety

MARC WIETZKE- FLYNN & WIETZKE. P.C. -

A Publication of

TABLE OF CONTENTS

3Two Workers, One Decision

4Workers vs PATH

7The Verdict

8The Analysis

9Your Right

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TWO WORKERS

ONE RECORD-BREAKING

VERDICT

If you see something, say something.Unless you work for the railroad.

Workers vs PATH

Two men were working for PATH at dusk on March 2010, with their supervisor. While entering a track, all three workers checked multiple times for oncoming trains. At the last second, the trailing member of the group caught a glimmer of movement and yelled to the others to jump out of the way. A work train made up of two flat cars pushed by three motor units shot past them at 40 miles per hour -- no lights, no horn, no warning.

The signal repairman and his assistant were nearly killed on the job, but it was what happened after the incident that moved a jury to a landmark award of $1.5 million in their favor.

• They saw something: Both men knew that the only way to prevent another brother being killed was to speak up, so they told their supervisor they wanted to report the close call.

• They said something: They both filled our written statements confirming exactly what happened.

• They were punished: 26 days after submitting their report, both men were issued charges of "unsafe work practices“, brought to a hearing and disciplined, despite the fact that their reporting brought the installation of LED lights on flatcars.

June 28, 2012

Photo by Flynn & Wietzke

“While neither worker suffered any physical injury, and only lost a single day’s pay between them, they wanted to stand up for their FRSA-protected whistleblower rights. ”- Marc Wietzke

THE VERDICT

After submitting a claim to OSHA, the two workers opted to take their case to federal court. A jury found that the workers engaged in protected activity under 49 U.S.C. § 20109 when they reported the unlighted, unsafe cars. The jury also found that the reporting played a part in the workers being assessed discipline. It was undisputed that both men had been turned down for promotional opportunities because of the discipline on their records.

The result: A $1,500,000 award, the largest verdict ever under the

whistleblower provisions of the Federal Railroad Safety Act.

The railroad was required to pay all attorney fees for the workers.

The workers were able to continue to work and advance in their railroad jobs.

Largest railroad whistleblower verdict

THE ANALYSIS

Thanks to a 2007 amendment to the Federal Rail Safety Act, it is illegal for a railroad to harass, retaliate, demote or in any way discriminate against an employee who may assist in an investigation of the violation of a federal law or regulation or reports a safety hazard.

Today railroad workers who report injuries or unsafe conditions are protected from backlash like: Threats to abolish their jobs Punishment through doubling up car assignments Overtime cuts Endless middle of the night duty

When a worker speaks out, the railroad can’t: Discharge Demote Suspend Reprimand Discriminate in anyway, including issuing a charge

letter.

Whistleblower law holds railroad accountable

SAFETY IS

YOUR RIGHTIf you were injured, endangered or

punished on the job for exercising your federal rights, the railroad is required to

make amends.

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