Texas: OSHA reaffirms reinstatement of BLET locomotive engineer with full back pay, orders UP to pay significant punitive damages after injuries in an Uber ride-share called by the company

A wrongfully-terminated BLET member received more than $184,000 in back pay after the BLET got him his job back, and he was awarded an additional $150,000 in punitive damages after a federal whistleblower investigation found that the Union Pacific Railroad violated the Federal Railroad Safety Act by terminating him after he reported and sought medical care for a work-related injury.

In May, the BLET's UP-Southern Region General Committee of Adjustment secured the engineer's reinstatement with full back pay under the grievance process. The BLET also helped guide the member in filing a claim under the Occupational Safety and Health Administration (OSHA) rail worker whistleblower protection program. Not only did OSHA reiterate the engineer's reinstatement, it further ordered Union Pacific to pay interest on his back pay wages, compensatory and punitive damages, and attorney's fees. Combined, the award totaled over $350,000.

That amount breaks down as follows: The BLET secured $184,869.60 in back pay, while the OSHA ruling ordered the following: $10,428.41 in interest on his back pay;

$10,000 in compensatory damages for pain and suffering; and $150,000 in punitive damages for "reckless or callous disregard" of the engineer's rights. UP was ordered to expunge the engineer's employment records, restore all benefits, leave time, and seniority status. UP was further ordered not to retaliate against the engineer.