Justice for Phil

Watching Kera Morgan Tuesday, the way she carried her family through an agonizing court proceeding, a bitterly cold outdoor rally, lengthy and pointed newspaper and podcast interviews, was impressive.

It’s hard to spend an entire day recounting turmoil, but in her case, it had to be done. So, she kept at it for hours, soldiering forward with her head held high, committed to honoring and bringing justice to her husband, Phil.

“They took my best friend,” Kera said through tears to a Des Moines Register reporter. “He has grandbabies now,” before choking on her words.

Her husband, Phil Morgan, was harassed and tormented by his boss on Union Pacific railroad so relentlessly that it destroyed him. On Aug. 18, 2018, bearing the weight of that workplace stress, he took his own life.

Tuesday in Des Moines, the Iowa State Supreme Court heard oral arguments on the remedy afforded to suicide victims under the Federal Employers Liability Act or FELA, the law meant to protect railroaders injured on the job. Black-robed justices listened intently to arguments from attorney Paul Slocomb, a BMWED designated FELA attorney from the St. Louis firm of Blunt Slocomb on behalf of Morgan, and a high-powered, hired gun partner from the Taft firm on behalf of Union Pacific.

Outside court, in temperatures that hovered around zero degrees, railroaders, supporters, and family united to remember Brother Morgan and the injustice that led to his tragic death. In the years that have followed his suicide, railroaders on carriers large and small have seen a deterioration of mental health caused from relentless pressures placed upon them from managers driven by a top-down edict of “precision scheduled railroading” and its insatiable greed. Railroader suicide is up substantially since its implementation, and many recognize that the stress of decreased manpower and relentless demands are driving that spike.

Now before the court is the question of physical harm caused by employer negligence as prescribed by FELA. In 1994, the United States Supreme Court found in Consolidated Rail Corp. v. Gottshall that “railroaders who experience work-related psychological trauma in the absence of threat of imminent direct physical impact” are not entitled to relief from their employers.

But public opinion has changed since the 90s. We now know that bullying, intimidation and overt ridicule can lead to serious mental health problems. When a roadmaster’s order places a BMWED member into harm’s way, resulting in physical harm, FELA is that member’s remedy. In the case of Brother Phil, his suicide was the most severe physical injury. He is not coming back. The pressure unduly placed on him by his manager lead to his death. Union Pacific is negligent, and Brother Morgan’s family deserves justice. It is time for courts to recognize that mental anguish brought on by egregious management leading to suicide should qualify as physical injury within the scope of FELA.

The Iowa State Supreme Court will issue its decision in the coming weeks. In the meantime, our Brotherhood will continue to sound the alarm. Too many railroaders are succumbing to this toxic work environment. Too many railroads are complicit in its pervasiveness.

“What we are concerned about is the railroads feeling increasingly emboldened to continue their despicable ways,” BMWED President Tony Cardwell said. “It must stop.”

Kera Morgan, her husband now gone for seven long years, fights to put an end to the culture that took his life. Through her strength, we all hope that our Brotherhood will never have to see another member fall victim to such a preventable tragedy.

An injury to one is an injury to all. The BMWED will never stop fighting for Phil.

Read more about Brother Phil Morgan's story: HERE