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No Good Deed Goes Unpunished: AmTrak Fires Conductor
Greg Kato || February 20, 2006 || Transportation

Think that labor rights aren't completely eroded in the United States? Check out this story from SF Chronicle gossip hounds Matier and Ross for chilling evidence to the contrary.

A local AmTrak conductor was fired recently after getting injured while getting a drunk passenger off the train. On August 15, 2005 Rebecca Gettleman noticed a visibly intoxicated passenger and got him off the train and into the hands of authorities. In the process of stepping off the train, the passenger pitched forward, falling down the stairs. Gettleman grabbed him, and in the process injured herself, requiring a month of physical therapy.

When she returned to the job, she found out she was fired due to breaking AmTrak employee rules that state an employee must avoid injury. That this rule was applied for helping a passenger was deemed ludicrious and was thrown out. However, Gettleman was still fired for "negligence" because this was her fourth injury.

She had a scratched cornea from sand in her eye in 1998. She sprained her back in 2000 in a switching yard, and tripped and bumped her head in 2004 when she tripped in the rail yard. She was only found responsible for the 2004 incident, for which she missed one day's work.

While I share the general frustration with worker's compensation abuse, this seems completely out of line, and indicative of the erosion of workers' rights in the United States. Accidents happen on trains that go 70 mph and have all manner of people riding them. Gettleman seems unlucky, but negligent?

AmTrak isn't the only employer that acts this way. I suggest reading Barbara Ehrenreich, of Nickel and Dimed fame, for more information. When employers in America forbid bathroom breaks (technically legal until 1998!) and union organizing meetings, there's still a long way to go for the labor force.

I hope that the publicity Gettleman gets from the Matier and Ross story helps her and others who are victimized by over-zealous employers. Watch this space for updates.

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Comments

I am the rebecca in question, and I want to thank you for taking interest in what is happening to me. Your facts are slightly off about the Aug. 15th incident, but you got the jist, the facts are much richer. I am still out of work, my appeal was Feb 23rd. They have 60 days to make a decision. My main purpose in posting this is to say what Matier and Ross did not, This is a broader attack on the rail unions as a whole. The RR's have historically tried to blame workers for injuries caused by their own negligence, RR workers do no get workers comp., we work under FELA law (which the RR's are now attacking in court to overturn) which allows workers in this extremely dangerous industry to force the employer to pay all medical bills related to the injury as well as back wages. Since it is usually so easy to prove negligence on behalf of the RR's, they often end up paying us the $ we actually deserve. This firing is part of the record profit making RR's attemt at frightening workers from reporting their injuries.. for fear of discipline! Most Rail workers know someone who was injured and too scared to report it. I may lose, but at least I'm fighting for those who come after me, or what legacy will we leave behind for our children?

It is now April 30. Does anyone know if there has been a decision by the appeal board?

Good news! Rebecca got her job back!

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/28/BAOATJUPP.DTL&hw=amtrak&sn=001&sc=1000

Quote:

Railroad reversal: Two years after Amtrak conductor Rebecca Gettleman was fired for injuring herself while keeping a passenger from stumbling down the train stairs, a federal arbitration panel has ordered her reinstated with back pay.

Unquote

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