Passenger Trains > Amtrak whistleblower gets job back, $892,551 settlement

OSHA: Amtrak whistleblower gets job back, $892K settlement
The Hour.com
by Jim Shay
Friday, January 20, 2017

> A longtime Amtrak employee who lost his job after raising concerns
> about railroad safety, fraud and abuse involving a railroad
> contractor has been reinstated and awarded a $892,551 settlement.
>
> The order to Amtrak came from the U.S. Department of Labor's
> Occupational Safety and Health Administration.
>
> According to an OSHA statement in announcing the decision, “In early
> to mid-2010, the agent was investigating an Amtrak contractor that
> had been convicted in a New York state court for fraud in examining
> and testing concrete at building projects in the New York City area.
> This Amtrak contractor had performed testing on certain Amtrak tunnel
> projects. Strongly believing it was necessary for safety and security
> reasons, the agent raised safety concerns regarding work performed by
> this contractor on Amtrak projects.
>
> “Then, in October 2010, the agent gave Amtrak's Dispute Resolution
> Office information and provided support for a fellow employee who had
> received a letter of reprimand after he raised safety concerns in a
> separate matter. The following month, the agent received his
> first-ever negative performance review. In March 2011, Amtrak
> notified him that — as part of an overall reorganization — his
> position was being eliminated.
>
> “In the course of the next few months, the agent applied for other
> positions, but was told that he lacked the required law enforcement
> training, despite a 40-year law enforcement career that included
> equivalent training. In June 2011, Amtrak notified the agent that he
> would be terminated due to his not being placed in a new position.”
>
> The terminated agent later filed a whistleblower complaint with OSHA.
> The federal agency did not identify the Amtrak employee, saying it is
> against OSHA policy to name whistleblowers.

http://www.thehour.com/local/article/OSHA-Amtrak-whistleblower-gets-job-back-awarded-10871484.php


(What happened to this employee at Amtrak sounds like it has the heavy hand of Joe Boardman all over it)



Edited 3 time(s). Last edit at 01/21/17 00:21 by GenePoon.

< awarded a $892,551 settlement.>

What else could that sum of money been spent on ?

• Amenities taken away (coach pillows, sleeper car coffee, ice).
• Pennsylvanian thru coaches to Chicago (2010 PIP said $750 K per year).
• 8 or 9 station agent closures prevented (Grand Forks, Huntington, etc.)

Instead, we spend it on restitution thanks to the Blowhard who gave us Safe-2-Safer.



Edited 1 time(s). Last edit at 01/21/17 04:36 by joemvcnj.

We get the government we deserve and we deserve the government we get.

You lost me...what does S2S have to do with an OSHA whistleblower case?

Also for those interested, here's the breakdown of the settlement (taken from the BLET news release).

OSHA has issued a notice of findings to Amtrak ordering it to take the following corrective actions:

• Reinstate the employee to his former or a similar position with all rights, seniority and benefits he would have received had he not been discharged.
• Pay him a total of $892,551, which is comprised of $723,332 in back wages plus $34,218 in interest; $100,000 in punitive damages; $35,000 in compensatory damages; plus reasonable attorney's fees and costs.
• Expunge from Amtrak's records all references related to his discharge and exercise of his FRSA rights; make no adverse statements concerning his employment at Amtrak; and not retaliate or discriminate against him in any manner.
• Post a notice to all railroad employees about their FRSA rights.




joemvcnj Wrote:
-------------------------------------------------------
> < awarded a $892,551 settlement.>
>
> What else could that sum of money been spent on ?
>
>

• Amenities taken away (coach pillows, sleeper
  > car coffee, ice).
  >
• Pennsylvanian thru coaches to Chicago (2010 PIP
  > said $750 K per year).
  >
• 8 or 9 station agent closures prevented (Grand
  > Forks, Huntington, etc.)
  >
  > Instead, we spend it on restitution thanks to the
  > Blowhard who gave us Safe-2-Safer.

Edited 1 time(s). Last edit at 01/21/17 06:04 by Setandcentered.

joemvcnj Wrote:
-------------------------------------------------------
> < awarded a $892,551 settlement.>
>
> What else could that sum of money been spent on ?
>
> [*]Amenities taken away (coach pillows, sleeper
> car coffee, ice).
> [*]Pennsylvanian thru coaches to Chicago (2010 PIP
> said $750 K per year).
> [*]8 or 9 station agent closures prevented (Grand
> Forks, Huntington, etc.)
>
> Instead, we spend it on restitution thanks to the
> Blowhard who gave us Safe-2-Safer.

money he would've received had he not been fired that they didn't pay out because of an illegal termination ... they eliminated his job so it's a wash ... his annual salary was around $125,000 ... having the attorneys fees alone saved him 300K in his pocket ... so what's your complaint ??? ...