CLEVELAND, December 21 — The Brotherhood of Locomotive Engineers and Trainmen has forced SEPTA to stop misleading its Regional Rail Division workers that the Federal Employers’ Liability Act (FELA) does not apply to them.
In January of 2009, SEPTA posted notices throughout the property instructing its commuter rail workers who were injured on the job to seek remedy under the Pennsylvania Workers’ Compensation Act instead of the FELA.
The carrier will now be posting a correction that “Any rail employee who suffers a work-related injury may elect to instead file a Federal Employers’ Liability Act claim in either state of federal court.”
SEPTA had to retreat after the BLET and several other Rail Labor unions joined forces to challenge SEPTA’s position.
The revised notice that SEPTA has agreed to post confirms that its commuter rail workers may pursue a claim under the FELA, and summarizes some of the medical treatment rights included in the Rail Safety Improvement Act of 2008. In addition, the new SEPTA notice acknowledges that no one will be disciplined for not following the original notice to submit to the Workers’ Compensation system.
In addition to BLET, the other unions involved in the dispute include: the International Brotherhood of Electrical Workers; Sheet Metal Workers International Association; United Transportation Union; International Association of Machinists; Transportation Communications International Union; and the Transportation Workers Union.
The unions had filed suit in the United States District Court for the Eastern District of Pennsylvania, alleging that SEPTA’s action violated (1) the FELA, (2) a section of the Rail Safety Improvement Act that prohibits interference in a treatment plan developed by a worker and his/her treating physician, and (3) the Railway Labor Act.
However, the unions and SEPTA reached an out-of-court settlement in mid-December.
National President Paul Sorrow was pleased with the outcome. “I want to congratulate General Chairman Rich Dixon and our SEPTA Brothers and Sisters for taking on this fight,” Sorrow said. “I also want to express my appreciation to our counsel, Mike Wolly and Margo Pave,” who did another outstanding job.