U.P. to appeal OSHA ruling (re-hire and pay more than $200,000 in damages, back wages and fees)

[Omaha Steve]

http://www.omaha.com/article/20110416/MONEY/704169819

By Erin Golden
WORLD-HERALD STAFF WRITER

Union Pacific Railroad will appeal an order that it re-hire and pay more than $200,000 in damages, back wages and attorney’s fees to an employee who was fired after reporting a work-related injury.

The U.S. Department of Labor’s Occupation Safety and Health Administration investigated a claim filed by Brian Petersen, who worked as a machinist helper in North Platte, Neb. Petersen was injured in August 2009 when another employee ran over his feet while parking his vehicle.

Both employees were disciplined, Petersen because he’d been talking on his cellphone at the time of the incident in violation of company policy. Petersen was later fired.

The OSHA investigation found that Union Pacific disciplined Petersen for speaking out and then fired him for a separate reason to cover up the company’s actions.

Tom Lange, a Union Pacific spokesman, said Friday that the company has notified OSHA and Petersen’s attorney that it plans to appeal the decision.

“We maintain that we acted in accordance with the applicable collective bargaining agreement and the Railway Labor Act,” he said.

Contact the writer:

402-444-1543, [e-mail]