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
3
Two Workers, One Decision
4
Workers vs PATH
7
The Verdict
8
The Analysis
9
Your 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
June 28, 2012
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.
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
Largest railroad whistleblower 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.
THE ANALYSIS
Whistleblower law holds railroad accountable
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.
SAFETY IS
YOUR RIGHT
If you were injured, endangered or punished
on the job for exercising your federal rights,
the railroad is required to make amends.
CLICK HERE
TO START
YOUR CASE
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