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Post Info TOPIC: And I'm Proud To Be A Railroader....


Force Majeure

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And I'm Proud To Be A Railroader....
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These fucking railroad companies make Snippy so proud to have spent 40 years with them.

http://www.columbian.com/news/2015/jul/02/bnsf-railway-whistleblower-awarded-125-million/

http://q13fox.com/2015/07/02/whistleblower-wins-1-2-million/

Whistle blower case in Tacoma Washington

From the Seattle Times

A railroad whistle-blower has been awarded $1.25 million by a federal jury in Tacoma after a six-day trial in which the former union and safety official proved he was targeted and terminated on a pretext in 2011 after reporting dozens of safety violations to federal authorities. 

The unanimous verdict, which was reached late Wednesday, includes $250,000 in rare punitive damages against Burlington Northern Santa Fe (BNSF) railroad for its efforts to discredit Michael Elliott after he raised the safety concerns and then fired him twice.

Those efforts, according to testimony and court documents, included evidence that a supervisor set up a physical confrontation with Elliott in a BNSF parking lot, and then had him arrested and charged with assault. Elliott spent two days in jail but was acquitted in Pierce County court. The railroad used the incident to justify his dismissal.

Evidence also showed that BNSF officials in Washington colluded to provide inaccurate information to a mediator about whether Elliott had properly reported a 2007 felony conviction for drunken driving and vehicle assault. Elliott insisted he had, and internal emails he produced at trial indicated BNSF supervisors knowingly provided the mediator with inaccurate information, according to Sara Amies, one of Elliotts Seattle attorneys.


This is vindication for Mike after hed been hung out to dry for four years, said another lawyer, James Vucinovich. The jury agreed that you cant treat whistle-blowers like that.

Gus Melonas, a spokesman for BNSF, said the railroad was proud of its safety record and repeated the companys assertions that Elliott was fired for unrelated rules violations, which were rejected by the eight-member jury.

BNSF is exploring its post-trial options, he said.

Elliott was a 16-year veteran locomotive engineer for BNSF and elected chairman of the Washington State Legislative Board of the Brotherhood of Locomotive Engineers and Trainmen (BLET), which represents roughly 750 union workers at BNSF, Union Pacific and Amtrak. As such, Elliotts focus was on worker safety, according to court documents.

According to the complaint, Elliott reported several complaints about overgrown vegetation blocking the signal system along BNSF-owned tracks between Tacoma and Vancouver, Wash., along with several potentially catastrophic signal malfunctions. The signal system is designed to keep trains from colliding on tracks that are owned by BNSF and shared by passenger and cargo trains.

The lawsuit alleges BNSF was slow to address the issue, and in January 2011, after receiving no response, Elliott bypassed the railroad and took his concerns to the Federal Railroad Administration (FRA). The FRA conducted a six-week inspection in which it found more than 375 violations, including one that resulted in a $1,000 fine.

While minimal, the fine was the first in the area in years and it stuck in their craw, Vucinovich said.

Many of the violations were in territory overseen by a BNSF supervisor, Dennis Kautzmann, whom Elliott accused in his lawsuit of plotting a confrontation in the parking lot in which Kautzmann jumped on the hood of Elliotts vehicle as he tried to leave. A scuffle ensued, and Elliott punched Kautzmann, according to court documents

That March 2011 incident was used to terminate Elliott and have him charged with criminal assault, according to court documents. Vucinovich said there was evidence that Elliott was set up by Kautzmann, whose story was rejected by a criminal-court jury but used by BNSF to fire him.

While that incident was under internal review, BNSF officials claimed they discovered Elliotts alleged failure to report the earlier felony conviction, and he was fired in April 2011. In September 2011, after its review of the incident with Kautzmann, the company called him in and fired him a second time, according to court documents.

The federal jury awarded him $1 million in compensatory damages, including loss of future pay, and imposed $250,000 in punitive damages against the railroad.

Vucinovich said Elliott was ecstatic with the verdict. He said the trial judge, U.S. District Judge Ronald Leighton, will decide if Elliott should have the option of taking his job back. If he does, the attorney said the $1 million verdict will be reduced by the amount he was awarded for future wages.
 


-- Edited by Snippy on Friday 3rd of July 2015 12:06:09 AM

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The Forum Celestial Advisor

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Saved me a lot of work posting this article way ahead of me.
Just knew this article couldnt "slip-through" the BJ without it
be a "new-topic".

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Unstable & Irrational

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Fantastic, great news....

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Upgraded Condition

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You know what Cy says.

I remember a RFE tried to lure a HAWG into taking a swing at him, they had a witness set up hiding around a corner, and everything. The HAWG, a savvy, street-smart guy from the hard streets of Detroit, who'd also spent a stint in the Merchant Marines, didn't take the bait. They never did get that HAWG on anything. Sadly, he was one of those guys who died before his time*, what a guy he was.


*Yes, Krink, understand it must have been his time but it was well short of retirement age.

 



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Uke


Cured

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Let's not forget that these sneaky-assed 'tactics' and tricks are not unique to the railroads! The petroleum industry is worse, with their 'fracking lies'! And auto industries, and steel manufacturing, coal mining... And on, and on, etc.

You could say "Uke you're mixing apples and oranges, this isn't the same thing at all!" Ua contraire, mes amis! All industries, big, small, unionized, non-union... They all use the 'baiting' trick, with a handy witness hiding in the bushes, or just around the corner, etc. Ultimately, they gotcha!

But the Tacoma case... Somehow turned that bullshit around, and nailed BNsf's dickhead, and the whistle blower won! Nice victory for labor. And a well earned rub the nose in shit for management!

Hooray for the good guys! (Never trust managers! They are not your friends!)



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Force Majeure

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***, you're mixing apples and oranges

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Do the math... 45 + 25 = 46 

Those who can make you believe absurdities can make you commit atrocities.  - Voltaire

Oh, shit. world.angry= https://youtu.be/x2YLS80Nmls?t=7m36s

Uke


Cured

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Oh crap! Sorry...it won't happen again!

 



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Oops, 504!

Something did not respond fast enough,
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Stable

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There is a clip at KIRO TV on this that you all might find interresting..

just run a search for BNSF..  Still don't know how to copy and paste with

this Apple

thing....



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But your fave man, Gus, says, Burlington Northern issued a statement in response to the verdict.


"BNSF is proud of its safety culture, and retaliation against safety complaints is contrary to how we operate and the training our people receive," wrote Gus Melonas, BNSF spokesman. "The plaintiff was dismissed for unrelated rules violations, and his dismissal was upheld by the National Railroad Adjustment Board." 

http://www.kirotv.com/videos/news/video-bnsf-employee-says-he-was-fired-for/vDWnTr/



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Uke


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Uncle Warren won't miss a dime of that award! Hoorah for the good guys +1, and another minus -1 for BNsf management, and another -1 for Gustavo for lying (again)!



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Oops, 504!

Something did not respond fast enough,
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Force Majeure

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mntman wrote:

Still don't know how to copy and paste with

this Apple thing....


 Same way you do with Widows except you use the Command key instead of the Control key.

Select what you want to copy.

Command C = copy

Command V = paste

http://www.kirotv.com/news/news/railroad-whistleblower-awarded-125-million/nmqzH/

Both appear on the Edit menu and you can do it that way, tu.

Oh, Snippy found this, tu:

http://www.kirotv.com/news/news/family-who-won-suit-over-bnsf-oil-trails-loses-hom/nhNy6/

 

Cuntney 

WallaceCourtney-BNSF.jpg

 



__________________

Do the math... 45 + 25 = 46 

Those who can make you believe absurdities can make you commit atrocities.  - Voltaire

Oh, shit. world.angry= https://youtu.be/x2YLS80Nmls?t=7m36s



Upgraded Condition

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I knew some car inspectors that shopped much more than other car inspectors. I wonder what the backstory is?

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