LINCOLN, Neb. -- If you won't go, then you get no dough, the Omaha World Herald reports.
That was the ruling this morning (March 19) in the Nebraska Supreme Court over a Burlington Northern Sante Fe engineer who said he was unable to provide a urine sample for a federal- and company-required drug test in January of 2003.
Gerald Jackson, an engineer from Box Butte County, was suspended for nine months by the railroad for refusing to take the test.
He was also denied "held out of service" pay from the Brotherhood's Relief and Compensation Fund during his suspension.
Jackson sued the fund and won in district court, getting $53,000 in damages. But that ruling was reversed today by the Supreme Court.
The engineer had maintained that his inability to urinate was linked to an inflamed prostate.
But the court cited a doctor's opinion that dehydration rather than prostatitis was the likely reason he could not urinate.
(This item appeared March 19, 2010, in the World Herald.)
Who would have thunk this 25 years ago? The great equilizer that for sure the railroads never thought of. But the insurance companies did. The experience is embarassing and very revealing. A sure fire way of keeping an employee honest. (as far as being fucked up on drugs)
__________________
If you are in a horror movie, you make bad decisions, its what you do.
