Louisiana Voice

Much media attention has been focused, and rightly so, on whistleblower Frances Haugen calling out Facebook for placing profits over integrity. But there’s a whistleblower lawsuit pending in Louisiana’s Middle District Federal Court in Baton Rouge that potentially could have a direct impact on the physical safety and lives of tens of thousands of people living in proximity to dozens of petrochemical plants in South Louisiana.

Johnny Taylor’s lawsuit, claiming that his termination by Union Pacific Railroad was in violation of the Federal Railroad Safety Act (FRSA) because he was fired for engaging in activities protected under that statute, is scheduled to be heard Nov. 1.

Basically, Taylor is claiming that he was fired because he took one rail line out of service and issued a slow order on another section of track because of safety concerns and refused orders to return them to service.

Union Pacific disagreed, contending that Taylor was terminated for disrespectful conduct surrounding those actions and that Taylor had “significant performance issues” and a history of “insubordination and outright refusal to alter his behavior.”

A motion for summary judgment (dismissal) by Union Pacific was denied by U.S. District Court Judge Shelly Dick, allowing the lawsuit to move forward.

In her ruling, Judge Dick noted cited a requirement of FRSA which said that a railroad or its representatives “shall not discharge, demote, suspend, reprimand, or in other way discriminate against an employee” for reporting in good faith a hazardous safety or security condition.

Taylor took the Avondale “Tail Track” out of service on March 28, 2017. Approximately 20 derailments had occurred in the Avondale yard during Taylor’s tenure. On Nov. 2, 2017, he took “No. 1 Mainline” track in Avondale out service, based on his impression that it was defective and could result in a derailment. Three derailments occurred at the “Switch 16” track in Avondale in October and November 2017, Taylor says.

Similarly, he took the “Switch 16” track at Avondale out of service on Jan. 10, 2018, because the track was “severely out of alignment” and ran the risk of causing a derailment. He issued a “slow order” on a track on White Castle on Jan. 22, 2018.

She further noted that an employee’s refusal is protected under several provisions which applied in Taylor’s case.

Taylor cited four examples of his claimed protected activity:

• Taking tracks out of service;
• Refusal to put “Switch 16” back into service;
• Issuance of a slow order in White Castle, Louisiana (in an area along the Mississippi River in Iberville Parish where dozens of petrochemical plants are located), and
• Cooperation with Federal Railroad Administration (FRA) and of reports to Union Pacific’s EEO Department.

Taylor, who was employed by Union Pacific on Se.t. 12, 2007, said in his petition that he was responsible for railroad tracks from Avondale to Livonia.

On March 5,2014, Taylor says a supervisor threatened to fire him if he reported “any additional safety issues regarding tie clusters in the tracks under his management.”

Taylor says Union Pacific “falsely reported” the cause of several derailments to the FRA.

He says that he was cited for his attitude but otherwise received only positive evaluations and quoted from one evaluation in which his supervisor said, “You lead your team in a positive way from what I have seen so far. Make sure that everyone above you knows and understands the good things that you are doing. Don’t be afraid to brag on yourself.”

Taylor said he qualified for a performance bonus for 2017 and received a letter in October 2017 from Superintendent Cliff Bowman commending him on his “diligence, dedication, professionalism, and continued commitment to safety.”

The trial is scheduled for 9 a.m. in the Russell B. Long Federal Building in Baton Rouge.

Taylor is represented by J. Arthur Smith, III, and Robert M. Schmidt of the Smith Law Firm of Baton Rouge.