Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Railroad/Railman question - Arizona Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Railroad/Railman question - Arizona Arizona

    I have never pretended to know anything about union law and/or contract employment, so I turn to my friends here for help.

    My brother in law is employed by a railroad company in Arizona. He works as a line man, so not an engineer or conductor, so no real time on trains.

    He works what I consider to be pretty horrible conditions, long hours, working 40+ hours at a time. Working with little or no sleep and so on. He chalks this all up to being union. Is that right? Because you're a union employee they can work you like this? Help please, while it may be okay, I just feel like he might be getting taken advantage of.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

  • #2
    Railway workers have different rules in some respects and I'm not quite sure which they are. Hopefully someone else will.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      Railway workers have different rules in some respects and I'm not quite sure which they are. Hopefully someone else will.
      I think you have just given me my new standard answer for rail workers. LOL!
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        I know a (very) little about railroad employment.
        - Having employees work 40+ hours consecutively is not inherently illegal for non-railroad employees. The common federal restrictions are for airline pilots, long haul truckers and minor children employees. Pretty much everyone else can in theory be told to work 24/7/365. This may be physically impossible but not specifically against federal labor law. Maybe against OSHA law. Or state law. Or maybe a lot of things. But not normal federal labor laws like FLSA.
        - AZ is not my state and I have no idea what rules (if any) AZ has.
        - There is a bunch of railroad specific law, none of which I am expert in. For example the Railway Labor Act (RLA) exempts most railroad employees from the overtime premium but not the minimum wage requirement. The Amtrak Reauthorization Act basically overrides state income tax law in that this federal law allows the effected employees to pick a single state for purposes of state income taxes. There are likely other laws as well but those are the only two that I am sort of familiar with. Also both of these "railroad" laws also apply (mostly) to airlines as well. And sometimes to long haul truckers.
        - Union implies that there is a union contract which someone will need to read. (And no, I am not volunteering).
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Agree, he needs to read or have someone read the union contract.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Thank you all. As always a great job on response time and information. I will let him know. All the best, Dave
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

            Comment


            • #7
              Hi jack of thread - hi CatBert - nice to see you posting again.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Nice to be posting again. Thought I'd wait until the DBacks had a decent season....didn't think I was ever going to come back if that was the case! LOL!
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X