Fired Workers May Appeal

Fired Railroad Workers Win Right to Appeal Background Security Checks

WASHINGTON (AP) – Railroad workers who lose their jobs after failing background checks suggested by the government will now be able to appeal, a railroad industry spokesman said Friday.

At least three dozen railroad workers, mostly in the Chicago area, said they were fired unjustly because they failed criminal background checks recommended by the Homeland Security Department.

Full story here

Great, now they are the morality police also…just what we need…

Having swung a sledgehammer to smash a fly on the top of a crate of crockery, the Feds are now trying to figure out why the cups broke, and how best to glue them together again.

I forget which founding father said, “Those who will give up some of their freedom in exchange for security will soon find that they have neither freedom nor security.” I think he was onto something.

Chuck (MSgt - retired)

My understanding was that this incident (at least at our yard) involved subcontractors at the intermodal facility. That company hired these people, who apparently satisfied their hiring requirements. Then the railroad came in and said that these people don’t meet our hiring requirements (e.g., a clean criminal background check, drug use, citizenship, or whatever), so they can no longer be on our property. Ergo, their dismissal.

Sorry, the railroad may need people, but we still have our standards.

Carl, I think that you are right on the money with your assessment. Here is another article from the AAR website -

WASHINGTON, February 16, 2007 - The nation’s freight railroads today defended their right to keep contractor employees who have had recent felony convictions away from railroad property, but will adopt a more robust, transparent appeals process for those who believe they have been wrongly excluded from working on rail property.

“Our first priority is to the safety and security of our employees, our customers and the communities we serve,” said Edward R. Hamberger, President and CEO of the Association of American Railroads. “For more than a decade, railroads have required background checks of our own employees who have access to our property. And we have extended that same requirement to contractor employees who have access to the same property.”

Railroads are required by the federal government to transport dangerous chemicals, and also have the responsibility of moving huge quantities of high-value consumer products. Railroads also move weapons and war materials to supply U.S troops at home and abroad.

In addition, the U.S. Department of Homeland Security and the Department of Transportation recommended that railroads “establish procedures for background checks” for contractor employees with access to railroads’ critical infrastructure.

“This industry has made a commitment to the federal government that we will voluntarily comply with those recommendations,” said Hamberger. “In fact, the Department of Homeland Security is sending inspectors out to make sure we are implementing the recommendations.”

Several of the nation’s major railroads recently teamed with eVerifile, a background investigation firm, to create an industry-wide safety and security initiative known as e-RailSafe. While there is some variation from railroad to railroad, in general e-RailSafe “flags” for further review co