Railfans distracting engineers

[Gadfly]

See My post above. Do what WE did! If this guy is using the computers, performing ANY work, gratis or otherwise, GET IN TOUCH WITH YOUR LOCAL CHAIRMAN AND FILE A TIME CLAIM AGAINST THIS GUY! They won't like that, but the company will be required to handle the issue and respond to it. It will get their attention if they have to PAY a claim for violating contract rules! If there is any issues of FRA rules qualifications, file a notice with FRA that an unqualified, non-rules person is performing work! There are union agreements against this, you know!!!! It wouldn't hurt to bring up the issue of the collision in California involving non-employees, etc, etc with FRA!

Gadfly

[Georgia Railroader]

See My post above. Do what WE did! If this guy is using the computers, performing ANY work, gratis or otherwise, GET IN TOUCH WITH YOUR LOCAL CHAIRMAN AND FILE A TIME CLAIM AGAINST THIS GUY! They won't like that, but the company will be required to handle the issue and respond to it. It will get their attention if they have to PAY a claim for violating contract rules! If there is any issues of FRA rules qualifications, file a notice with FRA that an unqualified, non-rules person is performing work! There are union agreements against this, you know!!!! It wouldn't hurt to bring up the issue of the collision in California involving non-employees, etc, etc with FRA!

Gadfly

I agree. Getting the FRA involved could put a stop to this BS. How did this idiot aquire a csx raido in the first place? And the fact that he uses it is all the more sickening. This is nothing more than a recipe for disaster. If I worked in this area I wouldn't even aknowledge his presence. This clown has no earthly right giving job briefings to anyone.

edited by UPRR

[Aji-tater]

Hey 10moreyears -

Let us know how this turns out - we're interested in how (and how soon) you guys can get this jerk booted off the property for good.

[scooterz66]

What about contacting the local special agent for even the PSCC? or heck call everyone! Someone would repsond

[scharnhorst]

See My post above. Do what WE did! If this guy is using the computers, performing ANY work, gratis or otherwise, GET IN TOUCH WITH YOUR LOCAL CHAIRMAN AND FILE A TIME CLAIM AGAINST THIS GUY! They won't like that, but the company will be required to handle the issue and respond to it. It will get their attention if they have to PAY a claim for violating contract rules! If there is any issues of FRA rules qualifications, file a notice with FRA that an unqualified, non-rules person is performing work! There are union agreements against this, you know!!!! It wouldn't hurt to bring up the issue of the collision in California involving non-employees, etc, etc with FRA!

Gadfly

Call FBI, FRA, United Transportaion Union, CSX, and Call Local Union Rep! If know one will listen call your local congress men/women and tell them whats going on. If your dareing slip a nonaddressed letter to the local news paper.

[Gadfly]

I am rather curious as to whether this may be some April Fool joke on US! Most Union railroad employees are not going to stand for "scabs" stealing work, if this story is true I fail to understand why the local chairman hasn't climbed all over it already!

Gadfly

[10more years]

I'm a little late responding, but that's how it goes sometimes.

Yes, there a "rail fan" in Florence. He has ready access to the terminal offices where crews go to work. He's been there for years. The officials can't help but know he's there. FRA is there on regular basis. I don't think he hides when they come around. Officials talk to him on friendly basis regularly. He does do job briefings , if you call letting you know where your train is a "job briefing". He does use the computers, but I don't know of any "contract" issues that he violates. He "inspects" trains but not in an official capacity. He does have a CSX radio. I think he got it from a retiree. How he keeps it charged, I don't know. He talks to the crews. The crews look out for him, in a friendly way. He's almost a terminal "pet".

I'm just surprised that the Division lets him hang around.

[DutchRailnut]

Lets see :
trespassing - Use of Federal controlled communication device- interference with interstate straffic - theft of CSX information by non-employee.

Looks like your Terminal pet is a crimminal after all.

[Aji-tater]

Having a radio with CSX channels is, as Dutch says, an FCC issue (maybe Homeland Security as well). But if he does have "a CSX radio" as you say that could be possession of stolen property as well.

Read the posts above, then contact the union, law enforcement and anyone else who can end that nonsense fast. And let us know how it turns out. If a CREW was caught with an unauthorized railfan in the cab they would be hung. Why should there be a different standard for supervisors at a terminal? If they want to enforce the rules, make them do so for everybody.

[10more years]

If some one gives you a CSX radio, then I doubt its theft. There are a lot of folks out there with CSX channels programmed on radios. The use of such is probably another issue. If the terminal allows someone on property, then how is it trespassing. And, a lot of this is "innocent" behavior taken to extreme. Most of our crews, I think, like this guy. They don't really want to be the bad guy and get this fellow chased off.

I understand some of the reaction, and like I've said, I'm surprised that CSX is allowing this. But, this is the home of the division. Crews, trainmasters, road foremans, senior road foremans (in our case senior road foreperson), yardmasters, Amtrak crews and officials, division officers as well as property protection and FRA, union officials are all aware of what's going on. I can't imagine any of the above not being aware the terminal pet. They'd have to be deaf, dumb, and blind as well as stupid (I can't believe I said that and am sure I will get several appropriate responses. yes, I know I just described a typical official).

And if this guy is chased off, it would probably literally kill him.

[Aji-tater]

And if he gives out the wrong information it could literally kill someone else.

[RedLantern]

Does this guy's radio say CSX on it? As in, is it a radio that should belong to CSX or is just any 2 way radio that he programmed to work on the CSX frequencies? If it's a CSX radio, he's got stolen property, and if it's not a CSX radio, he's illegally broadcasting without a license.

This is something that shouldn't happen, if this guy is not an employee employed by or affiliated with the railroad, he is a risk to the company. If he manages to get hurt, whoever's in charge of the area he hangs around will be on the line.

As others have said, this should be reported, but personally, I'd go as high as you can without leaving the company. If word gets out about this, you and all the union reps are going to see on the 6'oclock news that CSX is using "untrained volunteers" to do the work of union employees. I'd say, make sure this gets reported to those who should know within the corporation, but let them take it from there. The last thing the corporation needs is bad press. We know how unreliable the news media has become, notice how every time a train hits a car, they refer to it as a derailment. When a train hits a car, they make the driver of the car out to be the victim of the big bad railroad. If you don't report this, there could be hell to pay, but if you report it to the wrong people, things will get a whole lot worse.

It would be better for CSX to handle the FCC and the FRA, having the railroad report a problem to them should look a lot better than them launching an investigation into the corporation. If CSX receives too much bad press, a lot of jobs will be on the line instead of just a few.

[Ken W2KB]

If some one gives you a CSX radio, then I doubt its theft.

Employees of corporations, except perhaps public relations personnel who as part of their job distribute surplus property to charities, schools, museums and the like, rarely have authority to give away corporate property. Hence, in a situation such as the example under discussion, it appears that the employee has committed a theft of railroad property and the railfan has indeed received stolen property. By the way, it is relatively rare for anyone to be convicted of theft unless it is by personal admission or they are caught in the act. For example, say the police receive a report of a stolen car, and afterwards stop and arrest an individual driving that car. It would be difficult to prove beyond a reasonable doubt that the driver stole the car, but it's real easy to prove the driver received stolen property since the driver was in the possession of the stolen car and thus had to have "received" it. The penalty for receiving stolen property is usually the same as for the act of theft. The same would apply to possession of a railroad owned radio by an unauthorized individual.

[Ken W2KB]

A quick online search confirmed what I suspected. CSX, like the vast majority of publicly held corporations, has a comprehensive integrity program, designed for situations such as this one.

See http://investors.csx.com/phoenix.zhtml? ... govconduct and http://media.corporate-ir.net/media_fil ... eb2008.pdf

Among the many relevant statements the CSX Code of Ethics for employees:

"Vision
To be the safest, most progressive North American railroad, relentless in the pursuit of customer and employee excellence.Use of Personal or Business Information—Use business or personal information related to CSX, customers, suppliers, and employees according to Company policy. Safeguard this information from improper disclosure or unauthorized access or use.

Safety Is a Way of Life
• Live safely for your family.
• Take time to be safe.
• Look out for each other.
• Safety affects customers

Keep Assets Secure—Safeguard CSX and customer assets, including equipment, supplies, tools, information, and other property from misuse, waste, theft, or damage.

Promptly raise concerns or report suspected violations of this Code of Ethics to a supervisor or the CSX Ethics Information Hotline."

and specifically describes the the employee hotline mechanizm CSX has established to deal with ethics and safety issues where the employee may be uncomfortable dealing directly with superiors or where no action is taken after an employee expresses concerns to supervisors:

"The CSX Ethics Information Hotline (1-800-737-1663)
CSX maintains a toll-free Ethics Information Hotline, which is available 24 hours a day, seven days a week. Callers may report suspected misconduct, raise concerns about ethics and compliance matters, or ask questions without fear of retaliation. CSX prohibits retaliation against any employee who, in good faith, raises a concern or reports suspected misconduct. Callers may remain anonymous, if they wish, but should provide detailed facts about their concerns so that CSX can properly investigate the issue. Calls to the Hotline are answered by an outside company not affiliated with CSX to ensure objectivity and confidentiality. Callers receive a unique report number, which allows them to check the status of their report or provide additional information. Details of all calls are forwarded to the Internal Audit & Compliance Department for
appropriate handling. Reports to the Hotline are investigated promptly and corrective action is taken, if necessary. The Audit Committee of the CSX Board of Directors is notified of any reports concerning material financial and accounting issues."

The above is available to any CSX employee who may be concerned about this alleged situation.

[Aji-tater]

How about a mass call-in to the hotline?