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P/O News Wire Digest third section for Oct.14 CSX ordered to rehire worker, pay $197,000 in whistleblower incident

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P/O News Wire Digest third section for Oct.14 CSX ordered to rehire worker, pay $197,000 in whistleblower incident
Posted by Electroliner 1935 on Wednesday, October 14, 2020 12:52 PM

CSX Transportation has been ordered to reinstate a worker, and pay $95,000 in back wages, $102,000 in damages, and attorney fees, to an employee terminated for a whistleblower incident. A release from the Occupational Safety and Health Administration says the railroad violated the whistleblower provision of the Federal Railroad Safety Act when it subjected the employee to a hearing that led to the individual’s termination. The employee had reported an unsafe customer gate and on-the-job-injury.  

This NEWSWIRE item cries out for more background information as to what the employee was aleged to have done to justify their termination. Can anyone inform us?

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Posted by BaltACD on Wednesday, October 14, 2020 2:29 PM

Electroliner 1935
CSX Transportation has been ordered to reinstate a worker, and pay $95,000 in back wages, $102,000 in damages, and attorney fees, to an employee terminated for a whistleblower incident. A release from the Occupational Safety and Health Administration says the railroad violated the whistleblower provision of the Federal Railroad Safety Act when it subjected the employee to a hearing that led to the individual’s termination. The employee had reported an unsafe customer gate and on-the-job-injury. 

This NEWSWIRE item cries out for more background information as to what the employee was aleged to have done to justify their termination. Can anyone inform us?

Bolded is the reason in plain view.

Never too old to have a happy childhood!

              

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Posted by Euclid on Wednesday, October 14, 2020 3:46 PM

I think the missing information is the reason why the employee did not first report the unsafe gate to CSX, and if he did, why did CSX not correct the problem?

First there was an usafe gate.  What happened next?  That part is missing.

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Posted by Electroliner 1935 on Wednesday, October 14, 2020 9:37 PM

Euclid
I think the missing information is the reason why the employee did not first report the unsafe gate to CSX, and if he did, why did CSX not correct the problem?

First there was an usafe gate.  What happened next?  That part is missing.

OK. Did he get hurt on the job due to problems with the gate? Did he report it to???

Was nothing done???, Did he then report it to a regulatory body (ie blowing the whistle)?

What was he disciplined for? What did the union do? So many open questions. 

 

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Posted by jeffhergert on Wednesday, October 14, 2020 10:42 PM

Although CSX won't outright say it, he was disciplined for getting injured and filing a FELA lawsuit to recover damages.  Or maybe just because the injury was severe enough to become a FRA reportable.

I would like more information also.  It says a "customer's gate."  Normally, I would guess the maintenance of that would be up to the customer.  I can only guess that he reported some problem with the gate and was told to switch out the customer anyway, requiring operation of the gate and being injured while doing so.

I've seen this posted elsewhere, but so far no other details or discussion of what happened.

Jeff 

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Posted by SD60MAC9500 on Wednesday, October 14, 2020 10:47 PM
 

I'll take the money.. You can keep the job.. No need to go back to work for a hostile employer who fires you over reporting an incident.. 

 
Rahhhhhhhhh!!!!
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Posted by zugmann on Wednesday, October 14, 2020 11:17 PM

Euclid
First there was an usafe gate.  What happened next?  That part is missing.

I really doubt the gate was the driving force in this. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

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Posted by Euclid on Thursday, October 15, 2020 7:10 AM

Is it possible that he blew the whistle on CSX in alleging an unsafe gate without first reporting it to CSX? 

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