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View Full Version : Harassment@railroad New York


Billy68
02-19-2008, 10:03 PM
I'm a new employee. I've been with XXX for less than 6 months. I've been verbally abused is a better word for it on two occasions in particular by the same person. It's the standard fair " Rookie" "You don't know s%^t" "You don't have an opinion" Along those lines mixed in with plenty of colorful adjectives. There may have been more than two occasions, but the two that stand out are because they were almost violent. The first time it lasted for most of the shift and Nobody came to my aid, i was stuck in a truck with this guy for most of the evening listening to this. There were two other employee's present, one being a foreman.
The second time it occurred, it started at the end of the night and continued the next night. Well to be quite honest, when it happened the next night I'd had enough, and the thought of going through 8 hours of this vile tirade was not appealing to me. While nobody was stopping him at the moment, I lashed back in my own defense. Not physically but verbally.
The next day i went to my union steward and asked him to intervene. I was told by him that I had to take it up with the Supervisor. He brought me into the office and told me to tell the supervisor what I told him. The supervisor told me i had to write a letter to write him up if I wanted anything done. For my part, I was done, I didn't care. I just didn't want to work with him anymore. If one of us could have been moved it would have solved the problem for me. Long story shorter I wrote the letter and he was disciplined. Come to find out he's disciplined quite frequently.
Fast forward 3 weeks I'm having an issue with a DOT medical card. My employer provided me with a DOT medical card to sign with incorrect dates. I refuse to sign and the next day I'm taken out of service. I find out later that week that I've been taken out of service for the verbal altercation, not the medical card. Though I am being charged with something related to the medical card. I have that covered with Federal Motor Carriers Safety Administration 49CFR 391.41.............My question is! What is my employers responsibility in providing a workplace free of direct verbal harassment, remembering that there was a foreman present both times. Additionally, the employee in question remarked the the only reason that the foreman sided with me in the conflict was "because I was white". I mean these tirades hinge on anti-social behavior. I feel that I was well within my rights to defend myself and my conduct was a re-action to an action. I don't want to work with a racist, but I have to take one thing at a time. I was offered a letter of reprimand instead of a hearing, but I feel I did nothing wrong and will not admit guilt to something, just to make it go away. It will be used against me if i want to make moves in the company later on down the line.

Betty3
02-19-2008, 10:22 PM
Duplicate - see harassment at railroad federal -- http://www.laborlawtalk.com/showthread.php?t=186447

cbg
02-20-2008, 07:26 AM
Actually, not knowing that you were directing people to that thread, I deleted it. But the open thread can be found on the Connecticut forum.

Billy68
02-20-2008, 09:39 AM
Actually, not knowing that you were directing people to that thread, I deleted it. But the open thread can be found on the Connecticut forum.

I'm sorry about that. I work in Connecticut and New York. I wasn't sure, maybe there's a difference in the law from state to state.

cbg
02-20-2008, 09:52 AM
Even so, it is very confusing to the responders to have the same question posted on two separate threads.

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