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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have worked for union pacific railroad for over 9 yrs. i

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I have worked for union pacific railroad for over 9 yrs. i have a clean record completely. A new mgr was hired a few months ago to be the director of train operations. This mgr has totally ignored any situation ive had concerning me not having a relief to get home and take my son to school and not being told, to me not having supplies and having insects and rodents where i work. I had never met this mgr before when he called me on the phone and talked to me like crap in a situation he was totally wrong about. On 6/5/13 there was a derailment that was not my fault. This derailment happened at 11:20a.m. I continued to work until my relief showed up at 2:15. I tied up at 2:20p.m. To go home and pick my 9 yr old son from school. Later that day this mgr pulled me out of service and claimed i refused a drug test that i knew nothing about. Ive been off wit no pay since. I was told buy union rep and my injury lawer that im the wrong color. This mgr has 2 discrimination lawsuits against him that my INJURY lawer decided to take. In the investigation, the prosecutor, judge, and jury are the people who decide my fate. This is based on a lie. What can i do?
Hello,

Thank you for the information and your question. Have you filed a grievance for the suspension and if so what stage is that in? Did you file a racial discrimination complaint with your EO Office? Has this manager ever said anything that you have overheard that was racially biased? Why do you have an "injury" attorney?
Customer: replied 3 years ago.
I have not filed a grivance , i dont know how to go about that , but i will google it.i did not file a racial discrimination complaint because i didnt know this mgr and had no idea what was wrong with him until it was told to me by my union rep. And injury lawer. I have never heard this mgr. say anything racially biased, however , i felt there was something wrong with the way i was being treated by him. I have an injury attorney because over 2 yrs ago i had been working over 8 hrs, i called the mgr for a relief because i wasnt feeling well. The mgr never called the relief and kept me working anyway. Some how i fell down the stairs and didnt wake up untill a mgr found me. I was taken to the hospital. I ended up with back, knee.. Etc, the knee problem later made me hav a problem with my hip. Im very functional but i do still hav problems with my knee and hip from time to time. The railroad never reported my injury to the FRA.
Hello again and thank you for your reply. Your union rep can assist you in filing a grievance for your suspension, that is what you pay dues for. The union is required to represent you in good faith in these matters. You have to use that process to grieve the suspension, it is required under the bargaining agreement.

You should consider filing a racial discrimination complaint with your EO office. You must do so and give them an opportunity to investigate and resolve your complaint. You might also want to add the disability discrimination issue, if you think your new manager or the company is treating you this way because of your disability.

If the employer does not resolve your EO complaint in the way you believe it should be, then you can file a discrimination complaint with the EEOC and sit down with a local employment/labor law attorney to discuss the details of what is going on with this and the suspension to plan your next course of action, which could include filing suit.

You will have to see how your grievance comes out, and use that system which might ultimately require arbitration.

Please let me know if you have any related follow up questions. would be glad to assist you further if I can.
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Hello again,

I wanted to touch base with you and let you know that it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue in the future, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.