tundraboomer Wrote:
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> True, but the rules today are based off the CFR.
> Have you read the CFR? There are multiple
> interpretations of almost every modern rule,
> especially if you reach back to the CFR. It's not
> like the old days where things were pretty black
> and white. We argue about the meaning of rules all
> the time, not only with management, but amongst
> ourselves. It's clear that most were written by
> attorneys whose goal was to make them ambiguous
> and paradoxical, thus being easy to interpret any
> way the carrier desires to suit the desired
> outcome.
>

Yes, but I think the point is that the union can't tell a worker what he/she can or can't do. They can only fight to reinstate after an unjust firing. For example if the company refuses to allow a sick layoff (I've seen it happen!) the employee decides to work sick or take the discipline and fight for reinstatement. The union can't tell the employee that they can refuse service with no consequences or in this case work with a short crew. Fortunately there are some managers that do know the law and rules and don't make fools of themselves by pushing a losing battle.

I've noticed here and in person that the UP has buffaloed employees into not violating the hours of service law to the point where they are afraid to secure a train after there time is up. I'd love to see that go to an arbitrator and the defense would be one word: "Lac Megantic" in reference to the dire consequences of an unattended train rolling away. I know that wasn't an hours of service case but it shows the result of leaving a train improperly secured.