An administrative law judge at the U.S. Department of Labor has ordered CSX Transportation to pay a total of $453,510 to two BLET members who were wrongfully terminated for exercising their federally protected rights to report workplace safety concerns.
The decision follows a whistleblower investigation by OSHA of CSXT’s actions in November 2017 when a BLET-represented locomotive engineer and conductor reported a blue flag on the tracks at the rail yard in Waycross, Ga. The crew refused to move the train knowing the signal meant that they could not operate their train safely. In response, the company removed them from the assignment and later fired them. The OSHA investigation determined CSXT’s response violated federal protections for workers raising safety issues.
The members belong to BLET Division 779 in Manchester, Ga. The BLET was able to get them their jobs back in 2019, thanks to the efforts of BLET National Vice President Gary Best, who was General Chairman at the time, Division 779 Local Chairman Robbie Clark, and National Vice President Alan Holdcraft.
The sum cited in the judge’s order includes $248,856 in back wages plus compound daily interest, $100,000 for emotional distress and $100,000 for punitive damages for the two workers. CSXT must also pay one of the workers $4,654 for the health insurance premiums paid after their termination. CSXT must also reinstate the workers to their previous positions and seniority had they not suffered the wrongful termination and pay their reasonable attorney’s fees and litigation expenses.
According to a press release from OSHA, CSXT has been found guilty of violating federal whistleblower regulations and retaliating against workers on numerous occasions since 2010.
Photo courtesy of Cory Rusch, BLET Division 659