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Ben, you may recall receiving this certified letter after you let the engine roll into the transfer table pit in March:

 

Mr. B. Fiorello, Engineman

New Jersey Hi Railers

 

Attend formal investigation at 9:00 a.m., April 2, 2013, to determine facts and place responsibility, if any concerning your alleged failure to secure engine EMD BL2 at Susquehanna Diesel Shop, resulting in locomotive rolling onto transfer pit, and causing damage to locomotive and transfer pit.  Should you so desire, you may be represented by another employee of your choosing, in line with your labor agreement.

 

Very truly yours,

Hot Water

Superintendent of Shops


The investigation is scheduled for tomorrow.  This is your last day to accept discipline by waiver, and I believe Hot Water might be willing to allow you to sign for 15 demerits.  I would personally recommend avoiding the investigation, as you are aware that Hot Water will be thorough.  I don't possibly see any way that you could blame this one on Wyhog.

 

There's still time, Ben . . . but not much.

 
 
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Okay, I'll bite!

 

While I am not an attorney, just a retired flat foot, the investigation of the alleged incident should be conducted and reviewed by the management (or mismanagement) of the railroad prior to hauling Mr. Fiorello before a hearing board. Handling this matter backwards (like the way Easterners run their diesels) is denying Mr. Fiorello his right to due process under the rules of T.R.U.M.P.E. (Three Rail Unlicensed Migratory Professional Engineers) and should be grounds ( as in the transfer pit) for dismissal of all charges. Of course if the locomotive involved was truly a BL-2 he should be fired for not running it off the end of a pier. Has to be the ugliest locomotive ever built. <VBG>

 

Regards,

Randall

Originally Posted by Number 90:

Ben, you may recall receiving this certified letter after you let the engine roll into the transfer table pit in March:

 

Mr. B. Fiorello, Engineman

New Jersey Hi Railers

 

Attend formal investigation at 9:00 a.m., April 2, 2013, to determine facts and place responsibility, if any concerning your alleged failure to secure engine EMD BL2 at Susquehanna Diesel Shop, resulting in locomotive rolling onto transfer pit, and causing damage to locomotive and transfer pit.  Should you so desire, you may be represented by another employee of your choosing, in line with your labor agreement.

 

Very truly yours,

Hot Water

Superintendent of Shops


The investigation is scheduled for tomorrow.  This is your last day to accept discipline by waiver, and I believe Hot Water might be willing to allow you to sign for 15 demerits.  I would personally recommend avoiding the investigation, as you are aware that Hot Water will be thorough.  I don't possibly see any way that you could blame this one on Wyhog.

 

There's still time, Ben . . . but not much.

 
 

Tom, you may lose your case on a technicality, the last name of the person you are referring to is not spelled correctly :-)

Mr. B. Fiorello, Engineman, I will be glad to take on your case. With my vast experience watching such TV shows as Perry Mason, the movie "The Verdict" not to mention seeing the preview of "12 Angry Men" I know I'm your man for this case. Also I once owned a tie. 

I will need a small retainer as I have some bad teeth. Thank you for your time. Looking forward to working with you in the future. Please contact our company ASAP. 

  Screwem

  Goode

& Hart

Attorneys at Law 

 

         

Originally Posted by bluelinec4:

It really wasn't my fault

 

As the Judge said to Vinny, "So Mr. Gambini, you would like to skip all the preliminaries, dispense with arguments and move straight to a directed verdict notwithstanding the long established procedures of the Courts of Alabama."

 

And the Judge even had problems with Mr. Gambini's name, so that's not going to get you off.

 

I recommend Loco Lawyer.

 

Gerry

I recommend Loco Lawyer.

 

Gerry

Unfortunately, Gerry, real lawyers are not allowed at formal investigations, which are conducted in accordance with the governing labor agreement and the Railway Labor Act.  In this case the governing agreement permits an employee of Ben's choice.

 

And minor errors such as spelling mistakes are not fatal in formal investigations.  The same goes for the picky rules of evidence used in court trials -- they don't apply in formal investigations.  The only thing Hot Water has to do is develop facts through questioning witnesses (some of whom may bring evidence such as the Barco speed recorder tape from the ill-fated BL2) and the principal himself (Ben).  However, since he has now given the name of the actual party who was responsible, this investigation  . . . well, here:

 

Mr. Ben Fioriello, Engineman

New Jersey High Railers

 

This is to advise you that formal investigation previously scheduled for April 2, 2013, at 9:00 AM, is hereby cancelled.

 

Very truly yours,

Hot Water

Superintendent of Shops

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