Illinois Central Railroad retaliated against two employees who reported workplace injuries at a Chicago-area rail yard and the IC has been ordered to pay the workers back wages and damages, the U.S. Department of Labor said Thursday.
Illinois Central = Canadian National.
IC’s now just a “paper road” subsidiary that’s actually CN.
That story really mad me mad. By using the IC name the media avoided, or actually didn’t know they should be, focusing on CN. Instead of them being enthralled by CN’s low OR, the media should be focusing on the tactics CN uses to achieve these low OR’s.
But CN can rightly claim that it was their US subsidiary involved in this issue. Isn’t corporate legal maneuvering fun?
Bruce
And with Hunter Harrison coming to CPR, expect more of the same there. The Canadian Railway Office of Arbitration (CROA) was overwhelmed with cases from the CN. The problem for the grievor is that somehow they have to live on no income for the many months before the case is resolved in their favour.
John
Guys,
Unfortunately, this is not a new behavior, at least around the ICRR. I was told of cases from many years back referencing employees who were in violation of Railroad Rules and Regulations, who got themselves terminated. Then waited sometimes for many months, and then went to the “Labor Board” to get their grievance adjudicated, and won their case before the “Labor Board” for reinstatement and with back pay and a settlement.
Returned to work, and repeated the behavior and got terminated again. It happened to one man, as I recall, at least three time before he was killed on the job, while intoxicated. Family sued the railroad and won, their claim was that they knew of his problems, but kept putting him back to work, without resolving his problem. [X-)]
Sometimes truth is stranger than fiction.
I don’t view this as ‘Whistleblower’ type actions. Not defending CN/IC - reporting a injury is not ‘Whistleblowing’. Journalistic sensationalism!
However, firing a person for a injury - that is a whole 'nother kettle of rotting fish.
There is a lot more to this story, on both sides than is being communicated in the article.
Yes, I too faild to see the “whistleblowing” aspect of the incidents. And the article left me with the feeling of one hand clapping. How can a reader judge what happened unless they know all the facts?
It sounds like the two were fired for breaking rules in connection with receiving their injuries. And it sounds like the firings were found to be unjustifiable. There ought to be two sides to the story.
I like this statement. I’ll have to save it somewhere.
But if we were to be provided all the facts, it wouldn’t be 21st Century journalism.
The “Whistleblower” aspect comes from the fact they reported the harassment and intimidation they faced when they tried to report their injury.
NS has a history of intimidation, they are informally known as Nazi Southern when it comes to keeping reportable injuries down…their goal is the continuing tradition of winning the Harriman award with the lowest reportable injuries in the industry.
One of our trainmasters used to be a TM at NS, he has told me that broken fingers, toes, sprains and such are considered too minor to be reported, T&E employees who sustain one of these injuries are “encouraged” to see their private doctor on their off days, and continue working, with a cast on their hands or their toes taped up.
If you go ahead and force the issue and make it a reportable injury, once you return to work, count on having the rules police follow you all over the property, sometime follow you home to see if you stop at a bar, things of that nature.
Any rules violation will result in severe discipline, no matter how minor the infraction.
Keep in mind this is the company that issued its T&E employee’s trash bags with their work number written on them, and forced its T&E employees to use the trash bags instead of the toilet on the locomotive, and required the T&E guys to turn in their “waste bags” at the end of their tour of duty.
All to keep from having to service the toilets on the locomotives, forcing their employees to crap in plastic bags and carry the bag around with them, from locomotive to locomotive to cab/taxi to locker room.
http://www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf
Last week at our union meeting we had two OSHA reps there going over this.
Jeff
Thanks much for that link, Jeff - I was wondering why it was OSHA and not FRA that was taking charge of these matters, which usually involve FRA rules but not OSHA rules.
Ed mentioned a couple aspects of NS’ behavior and culture. The “toilet bags” are old history for over 10 years now (as I understand it), so I don’t see how that’s relevant anymore (unless there are other elements of that culture still aorund ?). But just a couple weeks ago there was a similar thread here about OSHA also citing NS for retaliating against injured and complaining employees, so that comment appears to still be valid.
- Paul North.
From what I’ve read on a forum dominated by railroad employees, yes I think elements of that “culture” still exsist. And to varying degrees, on all the class 1 carriers too.
Not exactly related, but I think it was NS who fired an engineer for going too slow at restricted speed.
Jeff
Some more information on this case, plus a few others Ithink. I didn’t read the entire article.[:$]
http://www.ble-t.org/pr/news/headline.asp?id=35256
Jeff
You have to take everything you read on that forum with a grain of salt. Bitching is the railroader’s official pastime. Bottom line, we are being paid to do a job out here - it’s called work for a reason. Some railroaders can forget that at times.
Here is what is missing from the Chicago Tribune article:
It is not clear as to whether the whistleblowing was directed to:
-
Unsafe conditions that caused the accident.
-
The company’s resistance to reporting the accident.
-
Firing due to a rules violation that caused the accident.
From the GCOR, and Norac rules are the same…
1.1.3 Accidents, Injuries, and Defects
Report by the first means of communication any accidents; personal injuries; defects in tracks,
bridges, or signals; or any unusual condition that may affect the safe and efficient operation of
the railroad. Where required, furnish a written report promptly after reporting the incident.
1.2.5 Reporting
All cases of personal injury, while on duty or on company property, must be immediately
reported to the proper manager and the prescribed form completed**.**
A personal injury that occurs while off duty that will in any way affect employee performance
of duties must be reported to the proper manager as soon as possible. The injured employee
must also complete the prescribed written form before returning to service.
If an employee receives a medical diagnosis of occupational illness, the employee must report
it immediately to the proper manager.
Any injury, no matter how slight, from a paper cut to a twisted ankle must be reported, if you don’t report the paper cut, and it gets infected, forcing you to take a day off to see your doctor, you have violated the rule…and are subject to discipline.
I know, sounds petty and stupid, but it happens all the time.
Man, it is absolutely degrading and sickening that a professional railroader would be required to carry his own waste around in a bag! Times have really changed. I would have never imagined that railroaders in the 21st century would have to undergo something as demeaning as what you described! That should have made the news media. I hope that this is no longer happening. I have a friend who will be applying to NS with an interest in T&E service.
To me it’s saddening as I knew railroaders years back that really enjoyed their jobs and were proud to say that they were railroaders, inspite the occasional friction between the management and unions. But as was pointed out to me on another thread, the 70s are long gone.
As you point out, Bucyrus, there are things we don’t know about these incidents. And this is despite two articles with the second one being quite detailed. (I did not read the OHSA report). When we don’t know all of the facts my personal inclination is to avoid drawing hard and fact conclusions. The employees and railroad have to deal with the OSHA findings as they are and both sides have appeal rights. My personal feeling is that we just have to leave it at that.
The bags are long gone at NS.