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Straight Track #170

 

Prepare To Be Heard! 
What You Can Do 
To Protect The FELA

Daniel Downes
Hoey & Farina Attorney
1-888-425-1212

Washington lawmakers have been focused on fighting terrorism rather than fighting against worker protection laws since September 11, 2001. However, all of us who are for worker’s rights must not let our guard down -- especially now.

There are strong indications that the railroads and other corporate interests will soon renew their efforts to eliminate the federal law that protects injured railroaders. This law is called the Federal Employers’ Liability Act (FELA). 

There are also indications that these same interests will attempt to undermine the right to a jury trial in our Courts. The FELA allows an injured railroad employee to have his or her case decided by a jury in a court of law. We are all aware of the present administration’s pro-corporate biases, and its dislike of trial lawyers who represent the injured and disadvantaged. We must be ready to respond quickly and effectively when rail labor calls upon us to contact our senators and representatives in Washington, D.C. to protect our rights. 

The FELA was created in 1908 by a Congress that intended to make the railroads safer by requiring the carriers to pay just compensation to employees injured by a carrier’s negligence. Because the FELA is a law created by the U.S. Congress, the FELA may be changed or eliminated at any time through Congressional action. Any change in or elimination of the FELA would likely be of great benefit to the carriers and a severe detriment to railroad employees and their families. Furthermore, any change would be a detriment to our nation’s taxpaying public because taxpayers pay the cost of administrating Workers’ Compensation laws.

In the past, the railroad unions have been successful in defending the FELA by remaining vigilant in keeping a watch for any proposed laws that could tamper with the FELA, and by calling on their members to write or call their representatives in Congress at the appropriate time to fight against any proposed changes. 

Since September 11, the game has changed drastically. Because of the Anthrax tainted letters sent to Congress, coupled with new anti-terrorism security screening, it often takes weeks for letters to reach a senator or representative. Such delay can seriously influence Congressional action on the issues that are being considered. It is therefore essential that you be prepared to telephone your senators and representatives or, better yet, e-mail them. You can find the e-mail and telephone numbers of your senators and representative at these Web sites: 
U.S. Senate and U.S. House of Representatives.

When your Union Legislative Representative asks you to contact your senators and representative, be prepared with the email address or phone numbers at hand. If you do not have computer skills, ask someone to look up the telephone numbers for you. Encourage your friends and relatives to join you in contacting their senators and representatives in support of issues that are important to you and your fellow union brothers and sisters and their families.

Your union will do its part, with the assistance of designated legal counsel and other experts on the issues. But it is essential that YOU act quickly and effectively when your union calls upon YOU. Your senator and representative wants your vote at election time -- let them know what you want. They should be forced to give your requests serious consideration when voting on any issue that affects your rights. The voices of constituents are the most powerful weapons available in the fight to save the FELA and the right to trial by jury. Prepared to be heard! 


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Hoey & Farina


James L. Farina


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1941-2003

 
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