Disciplinary Waivers Do Not Negate FRSA Rights
The anti-retaliation provisions of Federal Rail Safety Act Section 20109 are indeed powerful, so powerful they cannot be waived by any disciplinary waiver or “plea bargain.” FRSA subsection (h) reads: “The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.” And In Montes v. Union Pacific Railroad Company, a federal judge rejected a railroad’s attempt to use a disciplinary waiver to bar the…