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Discussion related to commuter rail and rapid transit operations in the Chicago area including the South Shore Line, Metra Rail, and Chicago Transit Authority.

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 #252774  by Gilbert B Norman
 
I practically fell out of bed this AM when hearing this WBBM 780 report:

http://www.wbbm780.com/pages/42535.php

Can anyone fathom discipline of dismissal assessed being overturned on appeal when there has been a passenger fatality????

If the appellant was unable to refute carrier testimony at the hearing that the signals were properly working, then how can he refute such on appeal?

I would think that passenger fatalities would be sufficient to ensure that no party on or off the property would reduce discipline on a leniency basis...but then, I was never an arbitrator in this life
 #252809  by jg greenwood
 
Gilbert B Norman wrote:I practically fell out of bed this AM when hearing this WBBM 780 report:

http://www.wbbm780.com/pages/42535.php

Can anyone fathom discipline of dismissal assessed being overturned on appeal when there has been a passenger fatality????

If the appellant was unable to refute carrier testimony at the hearing that the signals were properly working, then how can he refute such on appeal?

I would think that passenger fatalities would be sufficient to ensure that no party on or off the property would reduce discipline on a leniency basis...but then, I was never an arbitrator in this life
Considering the sorry state that EEO/Affirmative Action has "evolved" into, is it any wonder? Sadly, he might just be successful.

 #252821  by Gilbert B Norman
 
I realize, Mr. Greenwood, that if a Union fails to represent an employee to the fullest extent possible, that under the Landrum Griffin Act (enacted 1959; last of the Labor Trilogy), that Union and its officers could be looking at civil liability for "failure to represent".

But come on folks, the carrier established that the Engineer caused a fatal incident. It is a wonder he is not looking at criminal prosecution.