Re: Yreka Western article on "Illegal Abandonment"
Author: T judah
Date: 02-25-2012 - 08:24

Reminds me of the illegal abandonment of what was left of the Rock Island. They just shut down one day, without notice, and without regulatory permission. Of course, it must be remembered what triggered that. They failed to meet their payroll one payday - and thus there was suddenly no one to drive the trains! There is absolutely no allowance in the law if you fail to meet payroll. Even if your are just tardy; if anyone squawks, the courts shut you down cold - instantly.

So while you might be required by one law to keep running, you can be required by another to shutdown. One of the two laws will take it on the chin, but usually the employee's claim takes precedent and all other considerations collapse - causing an unceremonious shutdown. But a lot of good law "takes it on the chin", whenever potiticians stick in their noses!

Of course, the demise of the rock Island was quite predictable, when a President of the United States imposes a labor contract that was unsustainable. There wasn't enough money to pay for it (it in fact WAS predicted by the Bankruptcy Judge). It probably would've happened anyway. But even if they had managed to pay the extra payroll imposed by the President, would there have been enough diesel fuel to run the engines? Probably not - as no one would deliver it except on a C.O.D. basis. It would have been better had all this occurred in a more orderly way, that preserved at least some of the jobs; rather than none at all! The President should have stayed out of it, and let the bankrupcy process sort it all out.

But the worst was still to come - which makes such things stick in my craw. That same President then, by autocratic proclamation, froze all railroad hiring, nationwide, until all ex-Rock union employees had been re-hired by other railroads. So what the hell law allowed that?! Talk about an abuse of power! Since when can the gov't compel the hiring of one class of people over all others - just another breach of the 14th Amendment!

But then again, that President's stupid actions triggered the loss of those jobs in the first place; so he politically needed to mollify that union somehow. But what about other working stiffs (also members of unions), like me, that got screwed because of that order? Just tough Sh... - right!

Unfortunately, I got caught up in all that; as I was all set to start work for the U.P. in Salt Lake City the following Monday - written offer and acceptance; work schedules and assignments; and all - including a new place to live in a new town! Then came down the hammer! U.P. called and said (followed it up in writing) that they could not continue with the hiring because of the Presidential order. They suggested that under the circumstances, I should sue the government - even recommended a good attorney. But suing the government is so convoluted a process, that we could get nowhere without millions to pursue it. And with me thus unemployed......

That's how I got involved with the legal profession as a paralegal, after much schooling of course. My lawyer (the one recommended by the U.P.), who is now my boss, paid my way! So it turned out well in the end - but still....................................



Subject Written By Date/Time (PST)
  Yreka Western article on "Illegal Abandonment" Quig 02-24-2012 - 19:57
  Re: Yreka Western article on "Illegal Abandonment" Bill K. 02-24-2012 - 20:17
  Re: Yreka Western article on "Illegal Abandonment" Tony Cz 02-25-2012 - 07:51
  Re: Yreka Western article on "Illegal Abandonment" T judah 02-25-2012 - 08:24
  Re: Yreka Western article on "Illegal Abandonment" Shortline Sammie 02-25-2012 - 09:20
  Re: Yreka Western article on "Illegal Abandonment" Howard 02-25-2012 - 10:12
  Re: Yreka Western article on "Illegal Abandonment" SP5103 02-25-2012 - 13:27


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