UP RR Worker WINS whistleblower decision
02/05/09 09:02
Yaeger,
Jungbauer and Barczak has just learned that the U.S.
Govt has awarded damages against the UP RR in a
federal whistleblower case in which our client
claimed that his position was abolished for bringing
safety concerns to a supervisor. Client was a
welder for UP. He complained that he needed
protection for himself and other workers when welding
on double track. UP abolished his job in one
location after he made safety complaints to force him
to go elsewhere in the company. YJB and its
attorney Karl Frisinger filed a Whistleblower
complaint with OSHA. OSHA awarded the following
damages:
1. Govt awarded reassignment to his UP Welder location and position that was abolished (and returned in GOOD STANDING)
2. Govt. awarded $11,378.23 for increase in mileage that union client incurred travelling to his new work location during the time taken to process the Whistleblower complaint.
3. Govt. awarded $5000 in compensatory damages that UP must pay to union client 4. Govt. awarded all of his attorney fees incurred (and RR shall continue to pay attorneys fees to YJB if necessary)
5. Govt ordered that UP RR refrain from retaliating or discriminating against our client in the future for bringing this action
6. Govt. ordered UP to now permanently display the Federal Notice entitled "Whistleblower Protection for RR Employees" in locations where employees can readily see it.
It is easy to see that this award provides far more to our client than an appeal under the Collective Bargaining Agreement could have provided.
The RR has 30 days to appeal this order. If they do, we will fight on. We will keep you posted. No employee should fear any RR anywhere. Yaeger, Jungbauer and Barczak is the nation's leader in fighting against RR harassment of employees. YJB has other Whistleblower cases pending against other RR's including BNSF and CSX. We will keep you infomed of the evolution of this important law and protection for union members.
Attached is the Order identifying remedies for UP violations of 20109 sent by the GOVT in this case.. I will send a follow-up email when the full Order is on our website.
Bill Jungbauer BLET Designated Legal Counsel President Yaeger, Jungbauer & Barczak
Serving Injured Union Workers and their Families for 80 Years
1. Govt awarded reassignment to his UP Welder location and position that was abolished (and returned in GOOD STANDING)
2. Govt. awarded $11,378.23 for increase in mileage that union client incurred travelling to his new work location during the time taken to process the Whistleblower complaint.
3. Govt. awarded $5000 in compensatory damages that UP must pay to union client 4. Govt. awarded all of his attorney fees incurred (and RR shall continue to pay attorneys fees to YJB if necessary)
5. Govt ordered that UP RR refrain from retaliating or discriminating against our client in the future for bringing this action
6. Govt. ordered UP to now permanently display the Federal Notice entitled "Whistleblower Protection for RR Employees" in locations where employees can readily see it.
It is easy to see that this award provides far more to our client than an appeal under the Collective Bargaining Agreement could have provided.
The RR has 30 days to appeal this order. If they do, we will fight on. We will keep you posted. No employee should fear any RR anywhere. Yaeger, Jungbauer and Barczak is the nation's leader in fighting against RR harassment of employees. YJB has other Whistleblower cases pending against other RR's including BNSF and CSX. We will keep you infomed of the evolution of this important law and protection for union members.
Attached is the Order identifying remedies for UP violations of 20109 sent by the GOVT in this case.. I will send a follow-up email when the full Order is on our website.
Bill Jungbauer BLET Designated Legal Counsel President Yaeger, Jungbauer & Barczak
Serving Injured Union Workers and their Families for 80 Years
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