Discipline for Reporting Injurie

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EXPERIENCE YOU CAN TRUST
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Minnesota: 1-800-328-4340
Nebraska: 1-800-342-3352
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New Federal Law for Discipline for
Reporting Injuries or Unsafe Conditions:
Whistle Blower Law 49 USCA 20109

I. Circumstances of Employer Violations
The railroad may not discipline or in any way discriminate against an employee due to an act done by the employee, including:

1) Providing information assisting an investigation re: a violation of a safety law or rule re: railroad safety. This includes FRA investigations and railroad investigations;
2) Refusing to violate a safety law or rule;
3) Filing a complaint re: a safety violation;
4) Reporting a personal injury;
5) Furnishing information to the FRA or NTSB re: an injury;
6) Reporting an unsafe condition;
7) Refusing to work when facing an unsafe condition if:
a) No reasonable alternative is available; and
b) There is a risk of serious injury an no time to eliminate the danger; and
c) The employee has notified the carrier, if possible, of the condition and of his intent not to perform the work.

II. Enforcement of Violations
Procedure: An employee who alleges discipline or discrimination in violation of this law must:
1) File a written complaint with the Department of Labor (DOL);
2) File within 180 days (6 months);
3) Provide notice to the official named and to the railroad;
4) If DOL has not made a final decision within 210 days (7 months) after filing, employee may file suit in Federal Court.

Remedies:
1) Employee shall be made whole;
2) Damages include:
a) Back pay with interest
b) Reinstatement
c) Attorneys fees and court costs
d) Possibility of punitive damages not to exceed $250,000.00

III. Election of Remedies
Employee must choose between this and remedies under the union contract. What is best in each situation will vary depending on the facts.

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MINNESOTA
900 Second Ave. S.
Suite 1650
Minneapolis, MN 55402
1-800-328-4340
Direct: 612-339-4511
Fax: 612-339-5150
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NEBRASKA
1905 Harney St.
Suite 710
Omaha, NE 68102
1-800-342-3352
Direct: 402-341-2020
Fax: 402-341-1851