UP Engineer wins arbitration battle, get to keep job.

[rdamon]

Could not find a former thread on this on the forum search function.

https://lawandcrime.com/administrative-law/appeals-court-begrudgingly-allows-engineer-to-keep-his-job-after-purposefully-defecating-on-company-property/

 

[Overmod]

Be sure to read down to the bottom for the actual opinion.

[Convicted One]

So,  with the official finding that the employer had erred by not providing an employee with known psychological limitations, the kind of help he needs.....what happens in the future if same employee is involved in some accident where co-workers are injured, and the employee is found to be "at-fault"?  Doesn't this pave the way for future determinations that the employer was somehow negligent for placing the co-workers "in harm's way" by assigning them to work with a loose cannon?  I'd suspect that a jury could be highly motivated with a picture of the coupler in question. 

[Overmod]

Convicted One

I'd suspect that a jury could be highly motivated with a picture of the coupler in question. 

Followed by copies of the decisions and opinions of the courts...

I printed off the decision, folded it and handed it to Carnac the Magnificent.  He "put it to his forehead and read":

Many, many more three-carlength banner tests for Sadsack... mysteriously with every consist leader long-hood forward.  With dirty windows.

Union Pacific introduces 'Rule S' explicitly prohibiting scatocoprous self-expression on company equipment.  A first-time firing offense.

Republican judges made to tour representative 'restrooms just a few feet away' to assess whether the initial decision might have had micturat... no, mitigating circumstances.

UP legal department hires new lawyers who have read their Grisham and won't mistake subsection (b) for subsection (a), or forget to put adequate CYAs in their CBAs.

At least UP is spared giving him back pay... although I can envision fitting revenge by the paymaster if he had to leave Lebsack a check...

[Euclid]

It sounds like this was an act of revenge against his boss.  I wonder what the boss did to provoke such personal retaliation.   Was the grievance real or imagined?  And all of this during a Covid pandemic to boot. 

 

[SD70Dude]

Here's a similar case from northern Ontario, though involving a different type of 'leavings'.

http://arbitrations.netfirms.com/croa/45/CR4066.htm

[rdamon]

SD70Dude

Here's a similar case from northern Ontario, though involving a different type of 'leavings'.

http://arbitrations.netfirms.com/croa/45/CR4066.htm

 

 

This line is priceless:

"For reasons he best appreciates, he then thought it appropriate to take the bag of dog *** back to Trainmaster Dion"

[Overmod]

rdamon

This line is priceless: "For reasons he best appreciates, he then thought it appropriate to take the bag of dog *** back to Trainmaster Dion"

Still more priceless, Picher writes with a straight face about

... the bond of mutual respect and civility inherent in the employment relationship

 

[MMLDelete]

It might have made a slightly better story, if it had been Dickhoff instead.

[BaltACD]

If a bear does it in the woods, is it not appropriate for a railroader to do it on a knuckle?

[jeffhergert]

I'm sure the legal department is asking itself some questions.

1.  Did we file the appeals where the court was already "in our pocket?" and

2. If they were already in our pocket, why didn't they deliver?

The saddest part is that it seems those that don't deserve relief get it, while many more that do, don't.  

Jeff

 

[Convicted One]

Whatever happened to the engineer that UP did not want to approve a service dog for?

[samfp1943]

And thus, the story of the roundhouse laborer/hostler, that climbed up on the first of three coupled 6 motor units and opened the throttle, on the first unit; thence to the second unit, similarly, opent that throttle, and then into the cab on the third unit, while in that cab, the power kicked in and the first two units lept ahead, dragging the third, towards the turntable pit. 

The first unit laid on its portside, the second laid to the starboard, the third just sort of mounted the the other two; and the whole set, which freshly fueled. Just leaked copious gallons of diesel into the pit's sump....The hostler got some time off, and was later rewarded with his back pay, and job back after his 6 months 'vacation' and Labor Board hearing....

[samfp1943]

Duped entry/delete