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Straight
Track Feedback Feedback
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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