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Re: Maybe He'll Get His Job Reinstated & Back Pay
Author: Dr Zarkoff
Date: 03-26-2021 - 18:04
> How do you know he learned from this? Might not be the brightest cookie in the box
That's the crux of the matter, and precious few of us sitting at our keyboards have an informed answer. I will always say that there's no substitute for OJT, no matter how furiously simulator salesmen flap their gums.
About a year and half ago, I asked a friend of mine, who was working up there for Atk at the time, and he told me it boiled down to not being allowed a sufficient number of familiarization trips to learn the route adequately, in other words, inadequate training.
It's also important for any engineer who finds him or herself in the situation of being strong-armed into taking a run for which they do not feel fully qualified to make that point abundantly clear and insist that 1) a pilot be provided, 2) if no pilot is available, the RFE be present in the cab of the locomotive for the entire run, and 3) no other distractions (people) in the cab until he is thoroughly qualified. Everyone would be amazed at how few eningeers will make a stand on these points because of finding themselves on the receiving end of "we're in charge, and you're not", in other words stink-eye, sometimes extreme cases of stink-eye.
Training and the decision whether to retain an employee after and accident is up to the employer, who fell down on the job with regard to training in this instance. Sanchez comes under the heading of not being the brightest cookie, and despite warnings from his fellow employees, his employer fell down on the job by retaining him.
As for this lawsuit, it's a FELA matter, not an RLA dismissal/reinstatement one. The only connection to his wages is that old RR saying: "lose an arm under Workman's Comp, lose your house, your car, possibly your wife and kids", but "lose an arm under FELA, keep your house, your car, your wife and kids." Workman's comp is a set formula paid in one lump sum (usually), while a FELA claim must be adjudicated in court (i.e. the injured party must sue). If the claimant is successful, the award makes up for all future lost wages until retirement age (not sure what happens upon reaching that age).
That's the crux of the matter, and precious few of us sitting at our keyboards have an informed answer. I will always say that there's no substitute for OJT, no matter how furiously simulator salesmen flap their gums.
About a year and half ago, I asked a friend of mine, who was working up there for Atk at the time, and he told me it boiled down to not being allowed a sufficient number of familiarization trips to learn the route adequately, in other words, inadequate training.
It's also important for any engineer who finds him or herself in the situation of being strong-armed into taking a run for which they do not feel fully qualified to make that point abundantly clear and insist that 1) a pilot be provided, 2) if no pilot is available, the RFE be present in the cab of the locomotive for the entire run, and 3) no other distractions (people) in the cab until he is thoroughly qualified. Everyone would be amazed at how few eningeers will make a stand on these points because of finding themselves on the receiving end of "we're in charge, and you're not", in other words stink-eye, sometimes extreme cases of stink-eye.
Training and the decision whether to retain an employee after and accident is up to the employer, who fell down on the job with regard to training in this instance. Sanchez comes under the heading of not being the brightest cookie, and despite warnings from his fellow employees, his employer fell down on the job by retaining him.
As for this lawsuit, it's a FELA matter, not an RLA dismissal/reinstatement one. The only connection to his wages is that old RR saying: "lose an arm under Workman's Comp, lose your house, your car, possibly your wife and kids", but "lose an arm under FELA, keep your house, your car, your wife and kids." Workman's comp is a set formula paid in one lump sum (usually), while a FELA claim must be adjudicated in court (i.e. the injured party must sue). If the claimant is successful, the award makes up for all future lost wages until retirement age (not sure what happens upon reaching that age).
