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Re: job reinstated& back pay Is there a doctor in the house
Author: Dr Zarkoff
Date: 03-25-2021 - 20:00
> but shied away from offering an opinion on rehiring the engineer in question.
There's a difference between "rehiring" and being "reinstated by the Board", and Amtrak is under the RLA (Railway Labor Act). This means Amtrak can dismiss him from service, but this isn't quite the same as being "fired" altogether until the Board upholds the dismissal. As for the applicability of the term "my opinion", this is as close as I can get without researching the case: What has the Board said? Has it even issued a decision? I have already stated these in an eariler post; perhaps you missed them. If I was an employer subject to the RLA, I would have to do what the Board said, whether I liked it or not.
"Rehiring" would apply only in the case of said individual severing all employment relationships with the RR, which dismissal is not an example of unless upheld by the Board. Rehiring involves new seniority date, etc. like any other new hire. In case you hadn't noticed, the lawsuit isn't about being reinstated by the Board, let alone "rehiring", but a FELA matter, which is an entirely different affair. Suing the Board to get your job back is virtually impossible.
> My railroad employment experience is about 8 years a freight engineer on a shoreline.
Mine is 42 years freight and passenger on class 1s, 15 of which included involvement with the BLE.
There's a difference between "rehiring" and being "reinstated by the Board", and Amtrak is under the RLA (Railway Labor Act). This means Amtrak can dismiss him from service, but this isn't quite the same as being "fired" altogether until the Board upholds the dismissal. As for the applicability of the term "my opinion", this is as close as I can get without researching the case: What has the Board said? Has it even issued a decision? I have already stated these in an eariler post; perhaps you missed them. If I was an employer subject to the RLA, I would have to do what the Board said, whether I liked it or not.
"Rehiring" would apply only in the case of said individual severing all employment relationships with the RR, which dismissal is not an example of unless upheld by the Board. Rehiring involves new seniority date, etc. like any other new hire. In case you hadn't noticed, the lawsuit isn't about being reinstated by the Board, let alone "rehiring", but a FELA matter, which is an entirely different affair. Suing the Board to get your job back is virtually impossible.
> My railroad employment experience is about 8 years a freight engineer on a shoreline.
Mine is 42 years freight and passenger on class 1s, 15 of which included involvement with the BLE.
