Steam & Excursion > UP Steam in Today's Cheyenne Newspaper

Guess who made the paper again. This time isn't quite as glowing a write up as the shop piece from a couple days ago. I'll let it speak for itself. When I have a link, I'll add it.

edit - It deals with the lawsuits.



Edited 1 time(s). Last edit at 11/19/14 07:13 by EmpireBuilder.

Finally!! Some local notice and hopefully by a reporter or team that has done their homework.

Post a link, please......can't find it!

In print today, might not be online till tomorrow.

What UP steam?

Out

EmpireBuilder Wrote:
-------------------------------------------------------
> Guess who made the paper again. This time isn't
> quite as glowing a write up as the shop piece from
> a couple days ago. I'll let it speak for itself.
> When I have a link, I'll add it.
>
> edit - It deals with the lawsuits.


I understand that this is in print today, is someone able to summarize what was said in the article in the interim before it hits the web?

Here is the article.

http://www.wyomingnews.com/articles/2014/11/17/entertainment/01_big_boy_4014_cheyenne_wyoming_union_pacific.txt



Edited 1 time(s). Last edit at 11/19/14 08:20 by BobBalooga.

BobBalooga Wrote:
-------------------------------------------------------
> Here is the article.
>
> http://www.wyomingnews.com/articles/2014/11/17/ent
> ertainment/01_big_boy_4014_cheyenne_wyoming_union_
> pacific.txt


That is the PREVIOUS newspaper article, from last week, and is already being discussed on a thread just a bit further below, i.e. this is the wrong article.

Just emailed to me by the Editor:
______________________________________________________________________________________________________________


At a glance

Carolin Miller filed a lawsuit against Union Pacific Railroad in March. She says inappropriate actions taken by the senior manager of steam operations at the company’s Steam Locomotive Shop in Cheyenne caused her physical pain, depression and anxiety. The claim has been scheduled for a jury trial in July.



By Sarah Zoellick

szoellick@wyomingnews.com

CHEYENNE – A trial has been set for next July after a Union Pacific Railroad employee filed a lawsuit against the company earlier this year.

She says she was sexually harassed, retaliated against and intimidated by a supervisor.

The lawsuit says Carolin Miller was working as an administrative assistant at the railroad’s Steam Locomotive Shop in Cheyenne from March 2012, until June 20, 2013.

There, it adds, she suffered physical and emotional distress at the hands of Edgar Dickens, the shop’s senior manager of steam operations.

“Dickens’ conduct … was extreme and outrageous and went beyond all possible bounds of decency and is intolerable in a civilized community,” the lawsuit reads.

The claim was first filed in Laramie County District Court in February. But the case was transferred March 3 to U.S. District Court because it alleges violations of the Federal Employer’s Liability Act.

This is not the first lawsuit filed against the railroad that asserts misconduct by Dickens.

Last December, a former foreman general at the shop filed a claim against the railroad. It said Dickens criticized employees, referred to himself as a “dictator” and played German marching songs.

That claim, by Henry Krening, says Dickens caused him so much stress that he now suffers from diabetes. Krening’s case appears to have stalled in the federal court system, but it remains active.

Attorneys for the railroad filed a motion to dismiss Krening’s claim on March 28, saying the Federal Employer’s Liability Act cannot be applied in his case.

“Despite an attempt at artful pleading to characterize his claims as FELA claims, Krening does not allege any claim under (the act),” the motion says.

“As a former railroad employee, these claims all encompass Krening’s work conditions, supervision, treatment and work rules, which are covered by a collective bargaining agreement.”

A federal judge has not yet ruled regarding that motion.

But Miller’s claim is moving forward. Last week a jury trial date was set for July.

An answer to Miller’s lawsuit, filed by the defense on March 17, denies most of the charges and says the complaint “fails to state a claim upon which relief may be granted.”

Mark Davis is director of corporate relations and media for Union Pacific’s northern region. He said Tuesday the company has no comment regarding the lawsuits.

Efforts to reach Dickens were not successful.

According to Miller’s suit, Dickens denied requests she submitted for ergonomically sound office equipment and later forced her to work in the break room as retaliation for filing a sexual assault claim against him. That made her pre-existing carpal tunnel and pronator teres syndromes worse, it says.

She eventually had to have surgery, from which she still is recovering and she “is also being treated for depression and anxiety caused by Dickens’ conduct,” the lawsuit reads.

Miller is seeking reimbursement for lost wages and benefits; past, present and future medical expenses; physical pain and suffering; and loss of enjoyment of life, according to the claim.

The company is liable for those injuries and damages, the claim says, because it “knew or had reason to know of Dickens’ behavior, the harm it was causing to employees of the steam shop … and the unsafe and hostile conditions it created in the workplace.”

The claim says “Dickens had a reputation for creating conflict, harassing fellow co-workers and other questionable behavior,” before he was hired as manager of steam operations in 2010.

The lawsuit says Dickens made Miller uncomfortable during an out-of-state business trip by repeatedly pressing his legs up against hers during dinner and making her dress up in an old Union Pacific uniform “so that people could see a woman dressed in uniform.”

Miller filed a sexual harassment claim against Dickens with the company’s Equal Employment Opportunity Department in March 2013. But it was dismissed by three Equal Employment Opportunity Department managers.

While that claim was being investigated, Dickens allegedly retaliated by removing Miller from the office they shared, moving her to the break room.

Since taking medical leave in July 2013, Miller, who is a fourth-generation railroad worker, has not returned to work.

She refuses to return to the Cheyenne steam shop as long as Dickens works there, and the company has denied her requests to transfer to other departments or locations, the claim says.

An amended claim filed by Miller’s attorney in August notes that on July 8, the U.S. Equal Employment Opportunity Commission issued her a notice of right to sue. That grants her the right to bring her sexual harassment and retaliation claims in the U.S. District Court of Wyoming.

An answer to the amended claim filed by the defense in September says “any harm or damages (Miller) sustained were caused by her own actions and decisions.”





Brian K. Martin, Managing Editor

WyomingTribuneEagle

702 W. Lincolnway

Cheyenne, WY 82001



307-633-3118 (Direct line)

307-630-8957 (Cell)

Looks like the mask is about to be pulled off the
Lone Ranger. (With apologies to the Lone Ranger)

Think I better plan a mid-summer trip to Cheyenne.
Wonder if they'd let me bring a popcorn machine to
the trial? I could make a fortune!

That will be around Frontier Days time, won't it?

Probably still won't be any steam engine on the
special train that year, so dl should have plenty
of time available to appear in court.

He can bring his Kalmbach character witnesses, too.



Edited 1 time(s). Last edit at 11/19/14 10:03 by Realist.

Realist Wrote:
-------------------------------------------------------
> Think I better plan a mid-summer trip to
> Cheyenne.
> Wonder if they'd let me bring a popcorn machine
> to
> the trial? I could make a fortune!
>
> That will be around Frontier Days time, won't it?
>
> Probably still won't be any steam engine on the
> special train that year, so dl should have plenty
>
> of time available to appear in court.
>
> He can bring his Kalmbach character witnesses,
> too.


My sentiments exactly! I would really love to see the current manager blow a fuse during a jury trial.

HotWater Wrote:
-------------------------------------------------------
> My sentiments exactly! I would really love to see
> the current manager blow a fuse during a jury
> trial.

It might be as much fun as watching him answer the
same question a different way each time it's asked.

Maybe he'll blame it all on the old crew. Seems to have
worked well for him so far.

I wonder whether it will be revealed who in Omaha has
been covering things up for him?

It's pretty obvious who is trying to do that here.



Edited 2 time(s). Last edit at 11/19/14 11:30 by Realist.

It's good this is finally getting more press but it is stuff we already knew about.

> Miller is seeking reimbursement for lost wages and benefits; past, present and
> future medical expenses; physical pain and suffering; and loss of enjoyment of life

You can sue for "loss of enjoyment of life"?!? I should sue every job I ever worked then.

Emmo213 Wrote:
-------------------------------------------------------
> It's good this is finally getting more press but
> it is stuff we already knew about.

Well, I learned that the suits are still pending, and
I learned there is a court date set.

And that UP is being very tight-lipped about it, which
to me implies they are worried.

> You can sue for "loss of enjoyment of life"?!? I
> should sue every job I ever worked then.

I just hope my employer doesn't sue me for that!

If either or both of these suits are successful or
are settled for huge sums, I would expect more to
be filed by current and former employees for age
discrimination, harassment, intimidation, hostile
workplace environment, etc. There are some VERY
unhappy campers out there.

Realist Wrote:
-------------------------------------------------------
> Emmo213 Wrote:
> --------------------------------------------------
> -----
> > It's good this is finally getting more press
> but
> > it is stuff we already knew about.
>
> Well, I learned that the suits are still pending,
> and
> I learned there is a court date set.
>


Ah, good point, we did learn something. We'll have to watch the clerk of courts website around that time to see if there's anything posted about the results. Part of me thinks they'll settle outside of the court room though.

Realist Wrote
>
> Think I better plan a mid-summer trip to
> Cheyenne.
> Wonder if they'd let me bring a popcorn machine
> to
> the trial? I could make a fortune!
>

Pop a bag for me!!

Breaking news. Dear Leader is supposed to appear at a rail history symposium that is held at the George Bush 1 Prez Library in College Station, Texas on Saturday. I thought about going and then realized any questions I would ask probably would get me ejected.

displacedneb Wrote:
-------------------------------------------------------
> Breaking news. Dear Leader is supposed to appear
> at a rail history symposium that is held at the
> George Bush 1 Prez Library in College Station,
> Texas on Saturday. I thought about going and then
> realized any questions I would ask probably would
> get me ejected.

I just Googled the George Bush Presidential Library (College Station, TX) and discovered that the program is sponsored by the L&RHS. That figures that the current manager would be invited, as they were the "owners" of 4014 while it was at the RailGiants Museum in California. It is only $15 to attend, and "questions will be taken from the floor.", according to the information posted on the website.

Man, I sure would like to attend THAT this Saturday.

My opinion of R&LHS just went down. Why not invite a scrap dealer to speak?

Expect him to become rattled, evasive, and indignant. Also expect careful screening of the questions and questioners.

He'll probably start out smooth and recite a list of all the terrible things that he thinks everyone else did that are making him look bad, and to continue manufacturing things to blame on others.

Just let somebody ask him about the old crew and watch the lava start to flow around his collar.

He has no shame, and if he feels cornered, he'll start lashing out at all those who are too dumb to appreciate how he has pulled the program back from the brink.

Hope somebody videos it.



Edited 2 time(s). Last edit at 11/19/14 15:06 by Realist.

I'm in Ohio so I can't but for $15 why doesn't somebody from here go? Ask what's going on, see what he says, and report back.

Posted from Android