by MEC407
From The National Law Review:
The National Law Review wrote:Jason Raye (“Mr. Raye”) was working as a conductor for Pan Am Railways, Inc. (“Pan Am”). He reported safety concerns relating to some railroad ties to his manager, but Pan Am took no action to remedy the hazard. Three weeks later, as Mr. Raye descended from a boxcar onto those same railroad ties, he stumbled and sprained his left ankle. Pan Am charged and reprimanded Mr. Raye for violating a company rule that required Pan Am employees to be “assured of firm footing before they step down from a train.” Id. at 3. At the investigatory hearing, Mr. Raye testified that he had stumbled but not fallen when he sprained his ankle.Read the rest of the article at: http://www.natlawreview.com/article/whi ... ve-damages" onclick="window.open(this.href);return false;
Following his reprimand, Mr. Raye filed a FRSA complaint with the Occupational Safety and Health Administration (“OSHA”), alleging retaliation by Pan Am for his reporting a safety hazard and an injury.
. . .
The ALJ found that Pan Am’s charging Mr. Raye with rule violations and subjecting him to a disciplinary hearing for the second time constituted an adverse action and was motivated by Mr. Raye’s protected activity. The ALJ also found that Pan Am failed to proffer an adequate affirmative defense. Therefore, the ALJ ordered Pan Am to pay damages and attorneys’ fees.
. . .
Here, the ALJ determined that Pan Am “consciously disregarded” Mr. Raye’s rights under the FRSA and “intentionally interfered” with his asserting those rights. Id. at 7. Pan Am’s charging Mr. Raye with rule violations after he filed his FRSA complaint constituted “an egregious, blatant, and willful act of retaliation.”
MEC407
Moderator:
Pan Am Railways — Boston & Maine/Maine Central — Delaware & Hudson
Central Maine & Quebec/Montreal, Maine & Atlantic/Bangor & Aroostook
Providence & Worcester — New England — GE Locomotives
Moderator:
Pan Am Railways — Boston & Maine/Maine Central — Delaware & Hudson
Central Maine & Quebec/Montreal, Maine & Atlantic/Bangor & Aroostook
Providence & Worcester — New England — GE Locomotives