Nichols Kaster Represents Amtrak Workers Ordered To Avoid Reporting Hazardous Rail Conditions

    MINNEAPOLIS, MN, July 22, 2015 /24-7PressRelease/ -- In recently-filed charges before the Department of Labor, two Amtrak track inspectors allege that Amtrak ordered them to not report hazardous track conditions, and retaliated against them when they refused to do so.

In the course of their jobs, the two track inspectors, Howard Pursley and James Hurd, frequently noticed sections of track were dangerous and required repair to avoid accidents. When they reported these conditions to their supervisor in their written reports, it triggered speed restrictions and started the Federal Railroad Administration's deadline for track repair. Rather than putting the safety of Amtrak's passengers first and abiding by these restrictions, Hurd and Pursley's supervisor insisted that they modify their reports to remove the safety concerns. Later, the supervisor even introduced separate, unofficial forms on which he insisted that Hurd and Pursley file their reports. This off-the-books reporting was designed to keep safety measures, such as speed limits and mandatory repair schedules, from being put in place on the unsafe track.

When Hurd and Pursley continued to protest this suppression, their supervisor had them suspended for a month based on trumped-up charges. This retaliation violates the Federal Railroad Safety Act (FRSA), and Hurd and Pursley have filed a complaint with the Department of Labor seeking correction of this wrongdoing.

Complainants are represented by Joseph C. Hashmall and Paul J. Lukas from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The matter was filed with the Department of Labor, Region Five, Case Numbers 5-2700-15-043 and 5-2700-15-044.

Nichols Kaster frequently represents railroad workers who have been retaliated against for flagging unsafe conditions or reporting injuries. If you feel that you may have a claim, please contact us. Additional information may be found by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Nichols Kaster is a nationally recognized plaintiffs' firm that focuses on representing employees and consumers whose rights have been violated. The firm was selected as a member of the National Law Journal's Litigation Boutiques Hot List, ranked as a Best Law Firm by U.S. News & World Report, selected as a top plaintiffs' employment law firm by Law360 and named one of the top 50 Elite Trial Lawyers by The National Law Journal and Law.com.

The firm is led by its partners, who are regularly selected by their peers as Super Lawyers, and sit on the boards of numerous professional organizations, including the National Association of Employment Lawyers, the ABA Fair Labor Standards Legislation Committee and the Council for the Minnesota State Bar Association's Consumer Litigation Section.

# # #