It's just shorthand. Every post you make amply demonstrates you are an accomplished desk-jockey expert on everything. Congratulations!
charlie hebdo BaltACD charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments. You set them up and I'll knock them out of the park! Q.E.D.
BaltACD charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments. You set them up and I'll knock them out of the park!
charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments.
BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping?
charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day.
If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping?
You are only capable of making inane comments.
You set them up and I'll knock them out of the park!
Q.E.D.
Pretentious aren't you!
Never too old to have a happy childhood!
Lithonia Operator Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also...
Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also...
I'm a monitor over at apneaboard. Most people would probably be surprised at how many fit teenagers have apnea. Obesity, if it happens, is a comorbidity, usually a result of insulin resistance, and will only exacerbate obstructive apnea. If one's sleep is severely disrupted due to the apnea, then weight gain, heart arrhythmias, and other disorders are soon to follow.
Lithonia Operator Sleep apnea can be treated very effectively with CPAP. In the case of an obese engineer, I'd by worried more about a heart attack. If the apnea sufferer uses the CPAP every night, he's no more likely to fall asleep than anyone else.
Sleep apnea can be treated very effectively with CPAP. In the case of an obese engineer, I'd by worried more about a heart attack. If the apnea sufferer uses the CPAP every night, he's no more likely to fall asleep than anyone else.
Regrettably, a great many users of CPAP whose daily reports show that their machines are treating them successfully still complain of brain fog, fatigue, and of falling asleep mid-afternoon or during the evening prior to retiring for the day. While many almost instantly find relief and are happy campers within a few days of finding a successful set of pressures from their machines, a worrying number complain of brain fog forever.
Lithonia OperatorJust for the record, sleep apnea affects more than obese people.
I guess if the obese strawman has a dog that barks all night, it might keep him awake?
rdamonIs the 83 pounds referenced in the court documents the weight of a knuckle?
That is about the weight of a standard (type E?) knuckle. There are other knuckele types ansd weights but I do believe that is the most common.
Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also.
How about the U P keeping him employed as a signal and switch maintainer, with the necessary training?
Then he should bring his dog to work.
See the Zipper Story in Oct. '17 Trains.
Is the 83 pounds referenced in the court documents the weight of a knuckle?
charlie hebdoI'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
Are engineers required to have the equivilent of a 1st class medical like commercial airline pilots?
I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
My heart wants him and the dog to win.
My head isn't sure that's a good idea.
In any event, I doubt the engineer will prevail.
Lithonia OperatorI read about the first ten pages of that legal filing. I don't see any mention that this conductor was promoted to engineer.
https://www.courthousenews.com/wp-content/uploads/2020/05/traindog.pdf
A very great deal of the carefully worded discussion seems to hinge on UP saying they did a great deal that the plaintiff utterly denies. Presumably UP has records to substantiate their process and decision-making; it will be interesting if they can't do so.
I read about the first ten pages of that legal filing. I don't see any mention that this conductor was promoted to engineer. My impression is that this is about his conductor job, not an engineer job.
I doubt he will win the case, but I'm kinda hoping he wil.
OvermodAtlas could 'warn the plaintiff of the approach of a migraine
I don't know about that, but it is true that a service dog trained for the purpose can warn someone suffering from epilepsy of an oncoming seizure.
Sometimes even without the training. Dogs can be amazing. Dogs know things.
charlie hebdo But that should be given a chance.
Are you willing to bet your life on that?
I do believe that the subject in question should be given a chance - but should that chance be at the controls of a 100 car train of crude oil, running through your town?
A big deal has been made in other threads of the vetting process for crew members. Would this individual make it past such a vetting process?
Perhaps in the process of recognizing mental illness as a disability, we also need to recognize that it can impair an individual's abilities to perform certain jobs.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
Much becomes a great deal clearer from reading this material, including the specific provisions in the ADA that will be noted to govern in the upcoming trial.
Note that this was only a motion denying UP summary judgment, not an indication of what the actual process will produce. UP's counsel involved with this demonstrate a near-astounding ignorance of either the applicable law or the established precedents so far in its interpretation; i also find it interesting that few if any reasons the plaintiff offers as benefits from bringing the dog are credibly associated with having the dog in the cab at work -- as a frequent hemiparetic migraine sufferer I was amused at the claim that Atlas could 'warn the plaintiff of the approach of a migraine'; how this would work will be interesting to see explained in testimony.
One important place that arguments will likely hinge is whether or not Birchfield's accommodation is a precedent UP should be made to follow under the ADA. Now that UP has been set straight on the applicability of benefits to ADA accommodation it will be interesting to see how they explain any difference ... or determine to settle and open a different can of worms.
Beat me to it Vince, "Wanswheel" sent them to me too.
That's fine, as long a one of us got it here.
See what a loss it is that Wanswheel can't do this himself?
Luckily his exile has only 165 years to go.
Overmod My unease at the way this is evolving is that the PTSD has to be played up as debilitating enough to justify the animal, but not so debilitating as to compromise his ability to be safe with one. It seems more than strangely convenient that the disability so perfectly fits this niche.
My unease at the way this is evolving is that the PTSD has to be played up as debilitating enough to justify the animal, but not so debilitating as to compromise his ability to be safe with one. It seems more than strangely convenient that the disability so perfectly fits this niche.
It may be “convenient” if the two opposing outcomes do happen to perfectly balance. However, with the point being debated in a trial, the chance of the two sides agreeing that the perfect balance exists seems slim. More likely, it will seem to be either one way or the other. This thought is not an indication of me having intolerance to vet and his dog. I am only interested in what I see as a serious disagreement between him and U.P. and how this will be argued in court.
Overmod Convicted One If I read the story correctly, the man returned from military service to his former position as conductor, and was subsequently promoted to engineer. Only then did his PTSD become a factor in his ability to perform his duties. Just speculating, but I don't believe that the employer would have difficulty establishing that the employee is no longer functioning in the capacity he was when they hired him. Perhaps it is that I'm still a bit upset at the high-handed new attendance policy... but is UP among the carriers that mandates advance from conductor to engineer 'or else'? If so it occurs to me they've cut themselves off at the knees if they try to claim they shouldn't have to offer reasonable accommodation -- here and perhaps in the copycat suits likely to follow. My unease at the way this is evolving is that the PTSD has to be played up as debilitating enough to justify the animal, but not so debilitating as to compromise his ability to be safe with one. It seems more than strangely convenient that the disability so perfectly fits this niche. I suspect charlie hebdo has some firsthand experience with this and can comment on it without violating patient confidentiality.
Convicted One If I read the story correctly, the man returned from military service to his former position as conductor, and was subsequently promoted to engineer. Only then did his PTSD become a factor in his ability to perform his duties. Just speculating, but I don't believe that the employer would have difficulty establishing that the employee is no longer functioning in the capacity he was when they hired him.
Perhaps it is that I'm still a bit upset at the high-handed new attendance policy... but is UP among the carriers that mandates advance from conductor to engineer 'or else'? If so it occurs to me they've cut themselves off at the knees if they try to claim they shouldn't have to offer reasonable accommodation -- here and perhaps in the copycat suits likely to follow.
My unease at the way this is evolving is that the PTSD has to be played up as debilitating enough to justify the animal, but not so debilitating as to compromise his ability to be safe with one. It seems more than strangely convenient that the disability so perfectly fits this niche. I suspect charlie hebdo has some firsthand experience with this and can comment on it without violating patient confidentiality.
Some direct experience but more from a former classmate head psychologist at a VA. "Convenient"? It might be but that's often the way it goes. His treatment (in part, the dog) may allow him to function adequately as an engineer or may not. But that should be given a chance. I am amazed at the level of intolerance on here to a disabled vet and his dog, especially by non-engineers. Apparently the public service spots about giving vets a chance, hiring the handicapped and Wounded Warriors only apply to those with physical disabilities. 100+ years after the end of WWI with millions of shell shock victims, folks still look askance at mental illness as something less than genuine.
Overmod.. but is UP among the carriers that mandates advance from conductor to engineer 'or else'? If so it occurs to me they've cut themselves off at the knees not having to offer reasonable accommodation
UP is probably my least favorite class one, so if they "lost big" I certainly would not shed a tear.
But I'm trying to keep my personal feelings out of this, and try to make my call based upon what I see as the best outcome. Evidently I am in the minority in that regard.
Admittedly, I don't have a crystal ball, but I would anticipate that they will find an incentivized solution that maintains a paycheck for this guy, while getting him out of the locomotive cab. A "promotion", if you will, with the quote marks connotating a slight amount of sarcasm.
Maybe let him have his dog, hand him a bucket of silver paint and a paint brush, and transfer him to Tennesee pass to keep the signal masts nice and shiny?
Something that doesn't place the public at risk should his condition (unexpectedly) deteriorate further.
Convicted One Perhaps, but let's not lose sight of who is suing who.
Perhaps, but let's not lose sight of who is suing who.
So a veteran who gave time to defend us and got disabled is at fault for suing a company that wouldn't accommodate that disability?
charlie hebdoAnd if your contention is upheld, once again a veteran is screwed.
Without a doubt, this individual was rehired/brought back under provisions intended to protect military vets such as him. Such laws and regulations are a good thing, as such discrimination has been known to exist.
On the other hand, he's apparently not the same person UP hired when he first came on. One must wonder if he would have been hired off the street if he applied today.
I'd be reasonably confident that this will be a factor in the trial.
Convicted OneIf I read the story correctly, the man returned from military service to his former position as conductor, and was subsequently promoted to engineer. Only then did his PTSD become a factor in his ability to perform his duties. Just speculating, but I don't believe that the employer would have difficulty establishing that the employee is no longer functioning in the capacity he was when they hired him.
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