Fired for a phone call

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Latest post 11-22-2011 12:28 PM by traindriver. 5 replies.
  • 11-22-2011 10:54 AM

    Fired for a phone call

    Ok so I worked for a railroad in Oregon I was off duty and I sent a text to a friend asking if he was up and moving. He immediatly called me on my cell I asked if he had seen a certain locomotive he told me no and said he was going to find it anyway he would head over there now when he arrived he got mixed into a hommicide investigation and through questioning from detectives he said he had talked to me the detectives went to the railroad officials and told them that a employee knew what happened here, in turn it happened to be my best friend who was shot and killed on the job once the company found out my name they pulled me out of service and held a hearing and even with the protection of the BLET union they fired me now here are my questions. I have been waiting for my case to be heard by a neutral third arbitrator for 2 years and according the the collective bargining agreement the company had 180 day to have it in front of a arbitrator is there anything I can do to force this companys hand and get this to a arbitrator second is there any civil rights violations here? Also I want to point out even though the police department and DA's office said there was no criminal offences the company still insisted I impeeded the polices investigation and I have obtained statements from the lead detective in the case stating that I didn't impeed the case.  

  • 11-22-2011 11:17 AM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,501

    Re: Fired for a phone call

    traindriver:
    I have been waiting for my case to be heard by a neutral third arbitrator for 2 years and according the the collective bargining agreement the company had 180 day to have it in front of a arbitrator is there anything I can do to force this companys hand and get this to a arbitrator

    What does your union have to say about this problem?  Are they working with you or did they throw you under the bus?

    Have you consulted with an outside attorney?

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 11-22-2011 11:44 AM In reply to

    Re: Fired for a phone call

    well the union has been telling me that they have done everything on thier side to get this to the arbitrator and it is the company holding it up but when i ask why i wasn't put back into service when they missed the deadline the union said they were working on a resilution so I'm pretty confused I always thought the unions had the ultimite control but not here

  • 11-22-2011 11:45 AM In reply to

    Re: Fired for a phone call

    oh and no I haven't I have not been able to find a attorney willing to help me thats why I turned here

  • 11-22-2011 12:03 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,406

    Re: Fired for a phone call

    There is something wrong or missing in your post or your union has turned gutless and rolled on you or something --just my old HR views--it the contract mandates arbitration withing 180 days --and company has refused to arbitrate  then it seem to me the next logical step is a court case to mandate your reinstatement with full back pay, benefits etc as the company has failed to follow the mandated temination steps

    Fired you for what?

    Generally, your remedies are limited to those in the contract--and if your union has put you aside and has other fish to fry--you are sort of out in the cold UNLESS the union picks up the ball and forces it back upon employer.  Union has considerable latitude as to which fish it wants to fry--and if you and your cause are 'expendable"--well, you are history. 

    This may be 99% about internal union politics...So how do you get union to put you back on front burner?



  • 11-22-2011 12:28 PM In reply to

    Re: Fired for a phone call

    There is a few things I held back cause this is a public forum but the jist of the case is there and I have felt the union has been gutless all alone I always thought the teamsters were the badasses of the industry they fired me for divulging company information and no one knows how they came to that cause I didn't give any non public info out let alone any info

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