Response to OSHA Ordering Union Pacific to Reinstate and Pay Terminated Employee – 12/20/2011
Union Pacific strongly disagrees with OSHA's ruling and its public statement. We will seek an immediate appeal, where our evidence will demonstrate that Union Pacific's actions were appropriate and legal.
This case is an example of conflicting federal government policies that are so frustrating to Americans and so harmful to the U.S. economy. OSHA reprimanded Union Pacific for its actions and imposed punitive damages to punish us. Only three weeks ago, however, a separate government-mandated review process, under the Railway Labor Act and the employee's Collective Bargaining Agreement, reached exactly the opposite conclusion, finding that Union Pacific had properly disciplined and dismissed the same employee.
Americans and American businesses should not be subject to radically conflicting decisions, both under federal law, accompanied by excessive and punitive fines. Union Pacific will ask the courts – and Congress, if necessary – to address the government's inability to speak with one voice.