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FRA Emergency Order # 26

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  • FRA Emergency Order # 26

    Our Carrier is recently demanding crews produce their cell phones for inspection to see if the call or message history will prove the crew was in violation of the EO # 26. One crew recently complied but when their phone history had no information available to peruse, the manager in charge said they would be held out of service for withholding information because he suspected they wiped or erased the history on their phones. I did not hear if they were actually pulled out of service yet.

    My question to you is this........The FRA WILL NOT ask to see our cell phones so long as we can assure them that they are turned off and stowed away in our grip, per the rule. The FRA says it is not something that EO #26 authorizes them or the carrier to do.

    The BNSF will not demand their train crews produce a personal Cell phone either, I am told. They ask if it is turned off and in your grip, that's it.

    How is it that this can be allowed to continue on CP Rail without anyone standing up and saying this is a complete violation of our personal privacy rights and it violates the unlawful search & seizure laws. What next? Will they want to see what I have for pictures or other info on my cell phone? Will they want to see what's in my wallet or my pockets as I come in to work each day?

    I follow the EO #26 order but this treating us like we are in RUSSIA is nonsense.

  • #2
    You are right about BNSF. The only way they can ask to see it is IF it is visible on our person somewhere say in a phone holster or a pocket where it is sticking out the top. If it is out of sight and not visible, they have no right to see it UNLESS it rings or vibrates so loud it can be heard even if in your grip. Those are the only exceptions on the BNSF.
    sigpic"The fact that we are here today to debate raising America 's debt limit is a sign of leadership failure. It is a sign that the US Government cannot pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government's reckless fiscal policies. Increasing America 's debt weakens us domestically and internationally. Leadership means that, "the buck stops here.' Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better."
    ~ Senator Barack H. Obama, March 2006

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    • #3
      Originally posted by momo View Post
      How is it that this can be allowed to continue on CP Rail without anyone standing up and saying this is a complete violation of our personal privacy rights and it violates the unlawful search & seizure laws.

      I follow the EO #26 order but this treating us like we are in RUSSIA is nonsense.
      You may want to bone up on your Constitution a bit. It really doesn't say what you think it does, especially when you are on someone else's private property. See the post above. Are you feeling lucky in front of the arbitrator?

      (Oh, I see you started duplicate threads. Bad Karma.)
      Hire more Rons, not morons.

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      • #4
        You [are wrong] to make an argument for this being ok for the company to do this. I will have my phone at home so it will not be an issue for me personally. They can make all the calls for us that we used to use the cell phone for.
        Last edited by FELA FELLA; 10-20-2010, 04:03 PM. Reason: Take it somewhere else please

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        • #5
          Originally posted by momo View Post
          You [are wrong] to make an argument for this being ok for the company to do this. I will have my phone at home so it will not be an issue for me personally. They can make all the calls for us that we used to use the cell phone for.
          And, you must [also be wrong in] thinking that I agree with it being OK. I am just trying to get it through your thick skull where your logic and arguments are failing you. You don't have to surrender the phone if you're prepared to surrender your job on the railroad for being insubordinate. This is an unplowed field of arbitration. Why don't you take a stand and be the point man in the long arbitral process it will take to decide whether the Carrier's practice violates your working agreement? This is very similar to the stand taken in urine testing. Guess what? We lost. The 'public interest' trumped our 4th Amendment right to be free from unreasonable/intrusive government search of our persons and 'seizure' of our urine and body fluids.

          I seriously doubt you will leave your phone home forever from now on, world without end, amen if you are a road guy traveling to an away from home terminal No matter what you post on the internet.
          Last edited by FELA FELLA; 10-20-2010, 04:06 PM. Reason: Take it outside please
          Hire more Rons, not morons.

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          • #6
            we have an engineer who carries his phone in his pants/underwear next to his dick. yes next to his dick. he is more than happy to retrieve it and provide it to any carriers officer who asks to see it.
            --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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            • #7
              Originally posted by gsxr1000mxz800 View Post
              we have an engineer who carries his phone in his pants/underwear next to his dick. yes next to his dick. he is more than happy to retrieve it and provide it to any carriers officer who asks to see it.
              I hope he does not actually think this will protect him if it is on. At some point someone will not be intimidated and if it is on, the joke will be on him.
              sigpic"The fact that we are here today to debate raising America 's debt limit is a sign of leadership failure. It is a sign that the US Government cannot pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government's reckless fiscal policies. Increasing America 's debt weakens us domestically and internationally. Leadership means that, "the buck stops here.' Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better."
              ~ Senator Barack H. Obama, March 2006

              Comment


              • #8
                "Last edited by FELA FELLA; Yesterday at 02:06 PM. Reason: Take it outside please"

                At first, I didn't realize he had started duplicate threads on EO 26. Still hadn't seen that this was your "Ask An Attorney" forum. Sorry.

                Maybe you could post your answers to his original query.
                Hire more Rons, not morons.

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                • #9
                  My answer is pretty simple.

                  Using cell phones in any way can cause death and destruction of property at a level of incredible magnitude; that it is definitely an invasion of privacy to take your cell phone; that having your private parts examined/observed while you take a piss test is also an invasion privacy and has been "OK"ed http://www.yardlimits.com/forums/ask...-no-good.html; and that the FRA/Government/Judicial system would think it a reasonable thing to do to manage compliance with the no cell phone usage edict.
                  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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                  • #10
                    I think you are going to have a ton of folks getting the no-plan cell phones and you will never get 100 % compliance. I also comply but I also will not give my cell phone to a manager for review without a court order. Our unions suck and fela [DLC] lawyers suck !! they should have been all over this so the FRA did not OVER-REACT as they did !! Once we are stopped and on break, how in the heck can sending a text or checking the weather on your phone create mass chaos? Complete overboard & retardation on the FRA's part.
                    Last edited by FELA FELLA; 01-31-2011, 08:27 AM.

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