Announcement

Collapse
No announcement yet.

second trip to the labor board...here i go...what shall i expect?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • second trip to the labor board...here i go...what shall i expect?

    ell to make a long story short... i am a conductor for NS... we got passed a stop signal in 2011, went to lb and returned to work in 2012....

    .. now june 2014 i was on the ground working, TM steped up on engine while i was on the ground and he found my celphone out.. he called me back on engine and asked me if it was on!..i told him "no" and tapped the screen for him....BUT it lit up! It was on and i didnt know.. so.. i popped out the batt and tossed it in my grip.. the Tm asked me why did i pop out the batt, and i told him i did it to power it off..

    He then asked why didnt i just use the phones menu.... here is where it gets deep..... i told him the menues didnt work because i had a " jailbroken " device and that i had deleted the stock software from the device and reinstalled a customized themed ver. Of android...

    The fu**in TM called that " ilegal " and charged me for having a phone turned on and out, popping the batt out, and having an " ilegal " device..

    1) jailbroken phones are NOT ilega
    2) phone was on...oooops..i was on the ground phone waz up on engine
    3) im due at the LB soon..

    What do i do???? What do i say??


    AM I SCREWED????? FIRED FOR GOOD???

  • #2
    Cell Phone

    Dear MRRailMan - Start by speaking to the Union Rep.

    These types of matters depend upon issues not always so black and white. Issues like have you pissed-off someone who might have it our for you or maybe issues like prior infractions.

    I do not practice in this area, but whenever a witness or a client has to go before a tribunal of any type, my general advice is to always tell the truth; dress neat and groomed; whenever possible and timely to do so, discuss your previous great record of service; maintain your humbleness; try to convey a serious sense of, if I was wrong, I did not intend to be wrong but I realize how I may have been wrong; don't be cocky or arrogant; and don't convey you believe you are owed anything.

    Sorry I cannot help more.
    Last edited by FELA FELLA; 05-26-2015, 10:08 AM.
    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

    Comment


    • #3
      Yup get your local chair involved. I'd say it'd be worth some time in the street if guilty, but all depends where you fall in the discipline process. I am sure what the Turdmaster meant by illegal was not that you had a different rom but that your phone was on. HOW you turn it of doesn't mean anything, and certainly pulling battery is effective if that is method you use. It's WHEN you turn it off that has him in a dither.
      sigpic ΜΟΛΩΝ ΛΑΒΕ "Come and get them" Leonidas I to Xerxes, at Battle of Thermopylae

      Comment

      Working...
      X