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  • railway labor act

    do you have any experience with labor law , as my concern is the constitutionality of the new railway labor act. no matter what anyone says it is going to take money from our pockets, big money, multiply this by the number of railroaders affected and it comes to a staggering sum. So what I remember most about my education dealing with government was this "the people have a right to redress of grievance against the government " to my way of thinking , the aforementioned summ is one hell of a big grievance. Do you agree?

  • #2
    Originally posted by hogger75 View Post
    do you have any experience with labor law , as my concern is the constitutionality of the new railway labor act. no matter what anyone says it is going to take money from our pockets, big money, multiply this by the number of railroaders affected and it comes to a staggering sum. So what I remember most about my education dealing with government was this "the people have a right to redress of grievance against the government " to my way of thinking , the aforementioned summ is one hell of a big grievance. Do you agree?
    Dear Hogger75-

    To be honest, I am not quite sure of the exact portion of the Act that you believe is unconstitutional so, if you could be more specific, I would be able to comment.

    Having said that, there are only a few ways to challenge a congressional law. In all the methods, the "challenger" must have legal "standing". Put another way, the "challenger" must have been injured by the law. So, until someone has been injured in some fashion then it is not "ripe" for challenge.

    Sorry, if this did not answer your question.

    Steve Gordon
    http://www.gordon-elias.com

    ps- No I do not do practice "labor law' other than representing employees who have been physically injured. Good night
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

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    • #3
      So basically what you are saying is we have to wait until we can prove the government has taken our wages to a lower standard and took away our days off creating and unsafe work enviroment...

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      • #4
        Originally posted by FELA FELLA View Post
        Dear Hogger75-

        To be honest, I am not quite sure of the exact portion of the Act that you believe is unconstitutional so, if you could be more specific, I would be able to comment.

        Having said that, there are only a few ways to challenge a congressional law. In all the methods, the "challenger" must have legal "standing". Put another way, the "challenger" must have been injured by the law. So, until someone has been injured in some fashion then it is not "ripe" for challenge.

        Sorry, if this did not answer your question.

        Steve Gordon
        FELA Claim Lawyer | Railroad Employee Injury Attorney | Railroad Worker Injury | Train Accident

        ps- No I do not do practice "labor law' other than representing employees who have been physically injured. Good night
        I think he is referring to the new Hours of Service law. He is saying that his pay, and a lot of other guys pay is going to be cut. Is that not "injury" enough to challenge the law?

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        • #5
          Originally posted by hogger75 View Post
          do you have any experience with labor law , as my concern is the constitutionality of the new railway labor act. no matter what anyone says it is going to take money from our pockets, big money, multiply this by the number of railroaders affected and it comes to a staggering sum. So what I remember most about my education dealing with government was this "the people have a right to redress of grievance against the government " to my way of thinking , the aforementioned summ is one hell of a big grievance. Do you agree?
          i am in the process of reading it now, so i cant comment yet other than it may not be quite as bad as the original draft was. other than that you must remember your legislative branches played a huge roll in getting this done. that and all your coworkers bitching about how the railroad works and calling in and blindly supportlng. a legislative rep from my area posted on here to call in and support hr 2095 before it passed. i responded with maybe before calling in and supporting you should read the whole thing and decide if its for you or not. many did not and now you have what you have today. wish i could say different.
          --all postings by this poster are public information and in no way should be construed to represent the positions, views, or thoughts of any particular railroad-for their official position please see the particular carriers website

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          • #6
            Hell I'm ticked to death with it. 6 days is all I can stand of the bullshit that goes on out there anyway.

            HB
            "Never argue with an idiot; people watching might not be able to tell the difference".

            Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

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            • #7
              Originally posted by Hornblower View Post
              Hell I'm ticked to death with it. 6 days is all I can stand of the bullshit that goes on out there anyway.

              HB
              You have to have 6 starts 0001 to 2359..If you don't have a start between those hours in 1 of the days your six starts over...Good luck getting your days off.

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              • #8
                Originally posted by ghostrider View Post
                You have to have 6 starts 0001 to 2359..If you don't have a start between those hours in 1 of the days your six starts over...Good luck getting your days off.
                How many time have you seen your detention time go out the window because of the 15hr 55 min rest period you got only to wait for the train that wasn't even built yet? If the company is watching this shit from the chiefs office, you can bet your ass that your starts will be watched from the call office. I wouldn't be surprised to even see a new position of " Long Rest Screwer" added to the call office positions!

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                • #9
                  Lets see I come home work 12 hours, get 10 hours undisturbed rest and 2 a two hour call...Hmmm means I lost that one day already...How about 2 starts in 1 day which only counts as one but you were called at 2350 on duty...Work 12 and 10 undisturbed 2 hour call again still be out of the window..

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                  • #10
                    Originally posted by gsxr1000mxz800 View Post
                    i am in the process of reading it now, so i cant comment yet other than it may not be quite as bad as the original draft was. other than that you must remember your legislative branches played a huge roll in getting this done. that and all your coworkers bitching about how the railroad works and calling in and blindly supportlng. a legislative rep from my area posted on here to call in and support hr 2095 before it passed. i responded with maybe before calling in and supporting you should read the whole thing and decide if its for you or not. many did not and now you have what you have today. wish i could say different.
                    HR 2095 was an excellent Bill. Your LR was on his game to tell everyone to call in and support it.

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                    • #11
                      Originally posted by Zeb View Post
                      HR 2095 was an excellent Bill. Your LR was on his game to tell everyone to call in and support it.
                      I tend to disagree, we have been told by some union officers that we're losing our rest cycles, for no days off...How is that good...Guaranteed days off for unknow possible days off...Laying off fatigue and FML LOS will be normal layoffs now..Availablity investigations will go up..

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                      • #12
                        Originally posted by ghostrider View Post
                        I tend to disagree, we have been told by some union officers that we're losing our rest cycles, for no days off...How is that good...Guaranteed days off for unknow possible days off...Laying off fatigue and FML LOS will be normal layoffs now..Availablity investigations will go up..
                        HR 2095 didn't contain any of those provisions. HR 2095 for the most part was a perfect wish list from rail labor.

                        S. 294 contained many of the provisions that labor didn't like.

                        UTU and BLET both supported fully HR 2095. Once S. 294 took shape, BLET went neutral on pushing through any Rail Safety legislation while the UTU continued to support it. Not faulting the UTU in anyway. I think they saw some things that they still wanted to get, like conductor certification.
                        Last edited by Zeb; 05-30-2009, 08:56 PM.

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