(The following report by Joe Jordan appeared on the Action 3 News website on May 21.)
OMAHA, Neb. — An Action 3 News investigation uncovers more accusations that families of people hurt or killed by Union Pacific trains are routinely strong-armed by the railroad. UP is accused of pressuring people into quick financial settlements – getting far less they deserve. For the first time, we hear the railroad admit it has made mistakes.
Every few hours, a freight train rumbling some 45 mph crosses a stretch of track near Nebraska City. Usually nothing goes wrong, but not last December – when a car was hit by a Union Pacific freight train.
According to investigators, engineers sounded the horn. But there are no flashing lights or automatic gates at this crossing. Inside the car was Cheri Madsen’s father and brother.
“Went down there, and the cops just told them to come home and get the family together,” Cheri says. “With none of the ambulances leaving, we knew that they were gone.”
Mario Becerra and his 15-year-old son died instantly – two days before Christmas. And according to Cheri Madsen, within an hour two Union Pacific employees were at the door.
“They told us they were really sorry,” Cheri says. But she says they didn’t stop there.
“They took my brother-in-law to the side, told him they’d like to cover funeral expenses – but nothing too extravagant,” Cheri says. “Probably within 45 minutes to an hour, we were pretty surprised. They came straight to the house.”
Last year we told you about John Nielsen, a Union Pacific engineer who was injured on the job. “It basically ended my career,” Nielsen says. A woman from the railroad’s claims department showed up and wanted to talk.
“She says ‘I’m here for you. I have your best interests in hand, anything I can do for you’,” Nielsen says, “and then it was an about face statement. ‘But if you talk to an attorney, I’m done with you’.”
His wife was furious. He tells Action 3 News he took it as a threat.
Charges of strong-arming and retaliation by UP and several other railroads go far beyond Nebraska. The charges have made it all the way to Capitol Hill.
“UP will not tolerate harassment or intimidation,” Vice-President Robert Grimaila says. But during his testimony, he admitted problems.
“We’ve issued 61 cases of discipline and dismissed four high level managers in just the last few years for violations of this policy.”
In addition, as we first reported last year, following three car-train wrecks in Arkansas where people were hurt or killed – a lawsuit was filed. It accuses Union Pacific of widespread “fraud, and unconscionable deception.”
The victims claim the railroad benefits financially and has saved millions by telling some 300 other victims that they, “should not get an attorney, that it would cost the victims more.”
Just recently, an Arkansas judge ruled that the case will go forward – allowing the 300 accident victims to take on Union Pacific in a “class action lawsuit.”
As for the relatives of Mario Becerra and his son, they refused Union Pacific’s offer to pay for the funeral. They tell Action 3 News they might sue the railroad for not installing lights or gates at the grade crossing.
Union Pacific has not talked to us about any of these cases.
As for Congress, the House passed a bill protecting railroad workers from harassment, but a bill in the Senate is still pending.
Some railroad workers worry the Senate bill doesn’t go far enough.