Western Railroad Discussion > Public Law Boards

Anyone have any experience with the public law boards? How did it turn out? I was dismissed two years(worked in MofW) for fouling the main without protection. I was kind of shocked the other day when I got a letter saying my case was being presented to the public law board in a appellate court in Chicago.

Dang and you didn't know? Been out of touch with your griever?

It was probably a year and half ago I told them I didn't care about getting my job back. So I just assumed they dropped it, but evidently they didn't based on the letter I got. I guess I will go for it now and see what the offer is.

Tim,

Stay in touch with your Union Rep on this. Even if you have no interest in returning to the position, if it is found you were wrongfully terminated, or your record did not warrant termination for the offense, or the discipline handed out was too harsh and did not fit the offense, you will be reinstated by the Board WITH backpay.

Even if you don't want the job back, make "them" hand you the check for the $$$.

SLH




timkilbride Wrote:
-------------------------------------------------------
> It was probably a year and half ago I told them I
> didn't care about getting my job back. So I just
> assumed they dropped it, but evidently they didn't
> based on the letter I got. I guess I will go for
> it now and see what the offer is.

timkilbride Wrote:
-------------------------------------------------------
> It was probably a year and half ago I told them I
> didn't care about getting my job back. So I just
> assumed they dropped it, but evidently they didn't
> based on the letter I got. I guess I will go for
> it now and see what the offer is.


Your Union Rep CANNOT just forget about it. Once the process is started it is taken to fruition. Imagine a local chairman just dropping a case because a claimant says "I don't care about getting my job back" and a year later the fellow changes his mind and says to the LC, "what is happening with my claim?" The LC says "you said to drop it". No, I said nothing of the sort....The claimant can sue the LC for not pursuing the claim. This type of case happened in San Luis Obispo back in the early 80's. I was the vice LC and got a call from the LC one morning and he told me to go to the Superintendent's office the next morning in Los Angeles and argue for a UTU claimant because of similar circumstances you have sited above. The day that I went to conference was the last day allowed for appeal. It then went on to the labor board, BUT, if the LC had let it go as asked he left himself wide open for a law suit.

I have phone calls and such to make on Monday to the union. I also have a FELA claim in the works(I was injured during the rules violation). I haven't signed anything yet, will that have any impact on the backpay, if awarded? I would like to believe I was wrongfully terminated. The other member in my gang, he was served with a 15 day deffered judgement.



> Tim,
>
> Stay in touch with your Union Rep on this. Even
> if you have no interest in returning to the
> position, if it is found you were wrongfully
> terminated, or your record did not warrant
> termination for the offense, or the discipline
> handed out was too harsh and did not fit the
> offense, you will be reinstated by the Board WITH
> backpay.
>
> Even if you don't want the job back, make "them"
> hand you the check for the $$$.
>
> SLH

What type of evidence is normally presented at these hearings? Just the evidence from the formal investigation following the rules violation? I read a few cases and it appears most people are reinstated as long as it didn't involved drugs,beer, theft of company property or you didn't purposely violate the rules.



> Your Union Rep CANNOT just forget about it. Once
> the process is started it is taken to fruition.
> Imagine a local chairman just dropping a case
> because a claimant says "I don't care about
> getting my job back" and a year later the fellow
> changes his mind and says to the LC, "what is
> happening with my claim?" The LC says "you said to
> drop it". No, I said nothing of the sort....The
> claimant can sue the LC for not pursuing the
> claim. This type of case happened in San Luis
> Obispo back in the early 80's. I was the vice LC
> and got a call from the LC one morning and he told
> me to go to the Superintendent's office the next
> morning in Los Angeles and argue for a UTU
> claimant because of similar circumstances you have
> sited above. The day that I went to conference was
> the last day allowed for appeal. It then went on
> to the labor board, BUT, if the LC had let it go
> as asked he left himself wide open for a law suit.

This is a UTU site, with the trainmen's PLB, but the proceeding should be about the same:
http://www.utugo887.com/awards.html

Newer cases are on the right. Older cases on the left.

timkilbride Wrote:
-------------------------------------------------------
> What type of evidence is normally presented at
> these hearings? Just the evidence from the formal
> investigation following the rules violation? I
> read a few cases and it appears most people are
> reinstated as long as it didn't involved
> drugs,beer, theft of company property or you
> didn't purposely violate the rules.

You pretty much have a grasp on how it is handled. As far as your case goes, I would stay in touch with your union rep and make sur that the claim is fully processed. As has been stated, you may have a chance at re-instatememnt and back wages paid.

What a union and union rep should do to represent someone and what they actually do are often two very different things. And unless the claimant is well versed in union procedures, they very well may get screwed in the end. Having been on the receiving end myself, I have no doubt there are many others out there who lost jobs, money and benefits because of the poor representation they received, never knowing that there were additional avenues that could have or should have been pursued. Makes a person really wonder what all that money they were forced to pay in dues was really for.


Chris Toth
NSDash9.com