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Straight Track Feedback

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Hoey & Farina

Upon reading the Straight Track 6th Edition, Brother Kent L. Bushman, Vice Chairman of C&NW Systems Federation BMWE responded:

"Just finished reading the advice given in the 6th edition of your newsletter. I have a real concern with the advice given on not driving a company or personal vehicle. Being with the BMWE how would we get to the job site? We do not work in fixed terminals and have to work anywhere the track needs maintenance."

Kent’s concern is well taken. The article was not really directed to employees whose job description includes the operation of company motor vehicles. It was meant to give advice to employees who are occasionally asked to drive their own or a company vehicle on railroad business.

We certainly do not intend to imply that an employee, whose normal job duties involve the operation of an off-track vehicle, has the right to refuse to drive the truck or ride in it to the job site. Their job duties are defined by the collective bargaining agreement and they are contractually obligated to perform those duties, including the operation of off-track vehicles.

However, all of the other legal results mentioned in the article apply. So, the best protection is to have the additional benefits that (sufficient amounts of) uninsured and underinsured insurance provides. For your uninsured / underinsured to apply on some policies, you must also have an endorsement that allows you to use your vehicle for job related purposes. We hope this clarifies the issue and addresses Brother Bushman’s concerns. We appreciate his interest.


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Hoey & Farina


James L. Farina


J. Dillon Hoey
1941-2003

 
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