I think this belongs here?!

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I think this belongs here?!

Post  wmskrainski on Fri Mar 06, 2009 6:16 pm

Connecticut.
I think I have a claim against an employer, though i'm having a hard time finding an Attorny to take the case. Maybe someone here can tell me why.
I was hired by a Metro area Railroad as an Ironworker. After being employed for a few weeks I was offered a job as a driver of a commercial sized welding truck. The requirements for the job were a CDL and a valid Medical examiners certificate.
The company doctor provided the certificate. I went to Manhattan for the appointment. I filled out the pertinent paperwork. I believe there were 7 forms. Some of which were filled out by me and the rest by the doctor.
I filled out my part, and never saw or spoke to the doctor, and was released.
This was on or about 2007 October 31.
On or around 4 February 2008 I was finally given my copy of the medical examiners certificate. This certificate is the copy called the "short form" It's good for 2 years from the date of physical!
The date on the card was 31 Oct 2007.
My contention was that while I went to the doctor on 31 Oct 2007, I was not given a physical, in order for me to sign this document, they would have to give me a full DOT physical.
Their position was that they had given me a full physical back in the begining of August 2007. That , that was applicable to the medical card.
My belief is the if that were to be the case, the card should have been dated to August 2007, and that the physical would be valid for 2 years from that date.
I wouldn't sign the card, as I would not sign my license at MVD if it were incorrect.
They took me out of service and brought charges against me. My hearing was 4 February 2008. I was notified by mail that I was being terminated immediately on or around 14 March 2008.
The Union, which was representing me put in a notice of appeal ( of which I still have not recieved a copy)
On or around 4 Oct 2008 I recieved a letter from the union that my appeal was denied and that they were not going to persue the issue further.
I'd like to add the I spoke with a gentleman in the Connecicut field office of the Federal Motor Carrier Safety Administation, who told me that I was correct in my belief that the card was a misrepresentation of the dates involved.
I'm not looking for a freebee, and I know that it not ethical to solicit business on a fourm. I don't even know who specializes in this type of thing.
Am I wrong? I realize that I was nitpicking this thing, however our Attorney general tends to prosicute this type of thing if something were to go wrong ( IE if I had the misfortune of having an accident). I was trying to be proactive and get it right, and it got me fired.
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Re: I think this belongs here?!

Post  Guest on Fri Mar 06, 2009 6:20 pm

I see you got my message.

I've sent Joe a PM so just hang on until he gets time to respond.

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Re: I think this belongs here?!

Post  wmskrainski on Fri Mar 06, 2009 6:27 pm

I just got finished sending out a thank you.
Thank you
Billy
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Sat Mar 07, 2009 1:19 pm

What Railroad is this? Is your bargaining unit covered under the Railway labor Act or the N.L.R.A?
I received your P.M the attorney you spoke with handles FELA claims not labor law claims. You can solicit attorneys on this site.
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Re: I think this belongs here?!

Post  wmskrainski on Sun Mar 08, 2009 12:28 am

JoeC (McGruff) wrote:What Railroad is this? Is your bargaining unit covered under the Railway labor Act or the N.L.R.A?
I received your P.M the attorney you spoke with handles FELA claims not labor law claims. You can solicit attorneys on this site.
JoeC (McGruff)

Metro North........I'm being "misrepresented" by the Teamsters. I worked in trucking and have been a member of the Teamsters
on and off for the last 25 years. I've never come across a local that is ignorant to transportation law. My agent doesn't even
know what government agency regulates medical cards! How's this guy suppose to defend me?
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Re: I think this belongs here?!

Post  wmskrainski on Sun Mar 08, 2009 12:31 am

wmskrainski wrote:
JoeC (McGruff) wrote:What Railroad is this? Is your bargaining unit covered under the Railway labor Act or the N.L.R.A?
I received your P.M the attorney you spoke with handles FELA claims not labor law claims. You can solicit attorneys on this site.
JoeC (McGruff)

Metro North........I'm being "misrepresented" by the Teamsters. I worked in trucking and have been a member of the Teamsters
on and off for the last 25 years. I've never come across a local that is ignorant to transportation law. My agent doesn't even
know what government agency regulates medical cards! How's this guy suppose to defend me?

I didn't speak to the attorney. He'd have had to return my calls for me to do that LOL!
Well consider this a solicitation for an attorney. I'm running out of time with this thing.
The Union told me they were dropping it in October, so, i'm at 6 months!
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Sun Mar 08, 2009 12:34 am

Is your bargaining unit covered under the Railway labor Act or the N.L.R.A? There is difference in handling.
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Re: I think this belongs here?!

Post  wmskrainski on Sun Mar 08, 2009 12:57 am

JoeC (McGruff) wrote:Is your bargaining unit covered under the Railway labor Act or the N.L.R.A? There is difference in handling.
JoeC (McGruff)

I wouldn't even know how to find that out................I know the agent told me that I could go to the National Mediation board.
I'm sure he realizes that they don't get involved with cases like mine. additionally I'm covered under a collective bargaining agreement.
Tom Garrity would know what to do God rest his soul!
Is there a place I can find out if they're part of the RLA

I googled Local 808 and RLA......... I got some hits
I didn't get any when I googled it with NLRA....So, I'm going to go with google!
Actually, In texting an Engineer I know, he'll find out for me.
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Sun Mar 08, 2009 1:06 am

If you can go to the N.M.B you are covered under the R.L.A the actual case will be heard by the National Railroad Adjustment Board unless you contract has a public law board clause. If the Union is not pursuing the grievance to N.R.A.B (and I can not Imagine why) then you can file yourself or have an attorney well versed in the act and procedure do it for you. These cases are heard in Washington D.C.

Most attorney that practice this area of law are there as well (But not all). Try this firm Mr. Clarke has argued before the supreme court. http://www.highsaw.com/profiles/1481311
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Last edited by JoeC (McGruff) on Mon Mar 09, 2009 3:53 pm; edited 2 times in total
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Re: I think this belongs here?!

Post  wmskrainski on Sun Mar 08, 2009 1:11 am

JoeC (McGruff) wrote:If you can go to the N.M.B you are covered under the R.L.A the actual case will be heard by the National Railroad Adjustment Board unless you contract has a public law board clause. If the Union is not pursuing the grievance to N.R.A.B (and I can not Imagine why) then you can file yourself or have an attorney well versed in the act and procedure do it for you. These cases are heard in Washington D.C.

Most attorney that practice this area of law there as well (But not all). Try this firm Mr. O'clarke has argued before the supreme court. http://www.highsaw.com/profiles/1481311
JoeC (McGruff)

Thanks Joe
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Sun Mar 08, 2009 1:20 am

Whether or not a union is required to progress an employee grievance to arbitration is usually a matter of union discretion; employees represented by a union should refer to the negotiated grievance process in their Collective Bargaining Agreement for specific guidance.

When a grievance is progressed to arbitration by the parties and the grievant wishes to appeal (set-aside) the arbitrator decision or award, it is done through the courts. Arbitration decisions are final and binding under the RLA with very limited grounds for judicial review, and the grievant has up to two years from the date of the arbitratorís ruling to seek the set-aside. You may want to consult with your union representative about this possibility or discuss your options with a private attorney.

If you are a railroad employee, have properly filed a grievance with your union, and are not satisfied with the results of the grievance procedure, you may consider consulting with your union representative concerning the procedures and requirements for filing a grievance "as an individual" with the National Railroad Adjustment Board (NRAB), or you may contact the NRAB directly at 312-751-4688. "Filing as an individual" means that you wish to pursue your grievance with the NRAB without the assistance or support of your union. This option does not apply to airline employees because there is no National Airline Adjustment Board.
Cut from this site: http://www.nmb.gov/helpdesk/hd_complaint-airline.html#Carrier_with_union
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Re: I think this belongs here?!

Post  wmskrainski on Tue Mar 10, 2009 6:19 pm

wmskrainski wrote:
JoeC (McGruff) wrote:If you can go to the N.M.B you are covered under the R.L.A the actual case will be heard by the National Railroad Adjustment Board unless you contract has a public law board clause. If the Union is not pursuing the grievance to N.R.A.B (and I can not Imagine why) then you can file yourself or have an attorney well versed in the act and procedure do it for you. These cases are heard in Washington D.C.

Most attorney that practice this area of law there as well (But not all). Try this firm Mr. O'clarke has argued before the supreme court. http://www.highsaw.com/profiles/1481311
JoeC (McGruff)

Thanks Joe

I'll tell you why they're not persuing it, because I had a problem with one of the B.A.'s fellaz.
My biggest problem is, I have to get the F.M.C.S.A. (Federal Motor Carrier Safety Adminitration) to agree
with me, since they are the body that regulates the Medical Examiners Certificate (CDL medical card) program.
Once I have that, it's all acedemic!
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Wed Mar 11, 2009 12:30 am

I am not sure I understand, they are not going to do that.
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Re: I think this belongs here?!

Post  wmskrainski on Wed Mar 11, 2009 4:31 am

JoeC (McGruff) wrote:I am not sure I understand, they are not going to that.
JoeC (McGruff)

Naw, the unions been out via letter since 1Oct2009
I called the BA today and caught him off guard, so he answered the phone.
I asked him if a grievence was properly filed. He told me yes and it went to
the second stage and.............. He abruptly had to go so he hung up.
I'll tell you joe, I never received a copy of any grievence or appeal paperwork.
I've had a bad feeling about this thing from the start.
I've been working for companies with teamster employees on and off again for 25 years. I've
got to say, I've had my share of incidents, where my actions were in question.
I never backed down when I thought I was right. I always had an agent that knew if
I was right. These guys (the lastest local) left it to me to gather evidence and plot a defense. I never
heard of that before. The guys ( the real Teamsters) that were in my corner over the years could
quote DOT regulations from memory like a priest quoting scripture on sunday morning.
Those guys were sharp and they knew their shit..... This guy's a hump!
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Re: I think this belongs here?!

Post  JoeC (McGruff) on Wed Mar 11, 2009 12:57 pm

If it went to the second stage they are moving on it.
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Re: I think this belongs here?!

Post  wmskrainski on Wed Mar 11, 2009 5:31 pm

Nope, they dropped it there!
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