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VIA Rail

micheal_can said:
If that is true, that employee should resign. If I were an employee, and I did not have the legal authority to touch you, the only right thing would be for me to no longer work there.
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Not so easy to fall on your sword; regardless of whether it is called for or not, when you have a family, mortgage and car payments.
 
micheal_can said:
Oh I get it. It is very annoying when they try to shut me down for trying to walk the same lines they make wider.
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That's an odd card to play. Your pattern is proposing new passenger rail services to here and there then, in the face of push-back, retreat to 'if there was money' and/or 'if VIA felt it was necessary'. It's like promoting a conspiracy theory; you can't prove it and we can't deny it.

Personal opinion obviously, but there will never be 'enough money' to do much of what you want. Spending billions to provide low-volume services to assorted communities would, as a taxpayer, be a fiscal travesty. Even if Canada managed to find some candyland pot-o-gold, in my opinion it would be better spent on things like national debt, not having a clapped-out military or several other things that benefit more Canadians. Your latest foray, service to Fredericton and Edmunston, would require brand new everything, something VIA has never done, just for a few trains a week.

As far as VIA wanting it, I'm not aware that they have a strategic service plan that they continually take to government and continually get denied. Is anyone aware of VIA having a binder in drawer of new routes that they are ready to whip out if the Minister walks in the door with a bag of cash? Quite frankly, if they weren't mandated, they likely would have dropped a lot of their 'remotes' services years ago,

We get it - you want trains to and from everywhere. Perhaps posting a network map from the 1930s and say 'here' would be faster.
 
lenaitch said:
As far as VIA wanting it, I'm not aware that they have a strategic service plan that they continually take to government and continually get denied. Is anyone aware of VIA having a binder in drawer of new routes that they are ready to whip out if the Minister walks in the door with a bag of cash?
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As long as VIA had to make the case for HFR and the renewal of its Corridor and non-Corridor fleets, the last thing VIA would have wanted is to distract the government by offering them a cheap way out to claim that “we are doing something for VIA” without actually paying up for its survival. Once the contracts for HFR and the new non-Corridor fleet are signed and getting executed, this might change, of course, but only then…
 
lenaitch said:
Not so easy to fall on your sword; regardless of whether it is called for or not, when you have a family, mortgage and car payments.
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Oh I know. However, lets me honest, if he does not chose to leave, it most likely will be chosen for him. I cannot see an employer keeping someone who did that.

lenaitch said:
That's an odd card to play. Your pattern is proposing new passenger rail services to here and there then, in the face of push-back, retreat to 'if there was money' and/or 'if VIA felt it was necessary'. It's like promoting a conspiracy theory; you can't prove it and we can't deny it.

Personal opinion obviously, but there will never be 'enough money' to do much of what you want. Spending billions to provide low-volume services to assorted communities would, as a taxpayer, be a fiscal travesty. Even if Canada managed to find some candyland pot-o-gold, in my opinion it would be better spent on things like national debt, not having a clapped-out military or several other things that benefit more Canadians. Your latest foray, service to Fredericton and Edmunston, would require brand new everything, something VIA has never done, just for a few trains a week.

As far as VIA wanting it, I'm not aware that they have a strategic service plan that they continually take to government and continually get denied. Is anyone aware of VIA having a binder in drawer of new routes that they are ready to whip out if the Minister walks in the door with a bag of cash? Quite frankly, if they weren't mandated, they likely would have dropped a lot of their 'remotes' services years ago,

We get it - you want trains to and from everywhere. Perhaps posting a network map from the 1930s and say 'here' would be faster.
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I have moved my wants and desires to the other thread so as to not clog this one up.

I have never been naive to the idea that there needs to be the money for it to happen and right now, no money exists.

What has been really annoying though is someone towing the company line when with everything else they have said would go opposite what they are saying. So, that would be like me suggesting that we should just shut down all passenger rail in the country.
 
lenaitch said:
Are you familiar with union shops? If the video I saw of the employee grabbing a phone is the foundation for the 'assault' claim, no way that is a 'hangin' offence'.
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I can see this being part of a class action lawsuit. By still keeping that person, especially in a customer serving role,, it does not bode well.
 
micheal_can said:
I can see this being part of a class action lawsuit. By still keeping that person, especially in a customer serving role,, it does not bode well.
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You would do well to browse the archives of the Canadian Railway Office of Arbitration.
There are any number of disciplinary cases and decisions that might have relevance to the current issue.
There’s not much VIA could do to side-step the considerable jurisprudence re grounds for termination, even if it were convenient for their lawyers to try to do so.

- Paul
 
crs1026 said:
You would do well to browse the archives of the Canadian Railway Office of Arbitration.
There are any number of disciplinary cases and decisions that might have relevance to the current issue.
There’s not much VIA could do to side-step the considerable jurisprudence re grounds for termination, even if it were convenient for their lawyers to try to do so.

- Paul
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Are you saying Via has their hands tied? Even for an assault? How do I get a job with Via if that is the case?
 
micheal_can said:
I can see this being part of a class action lawsuit. By still keeping that person, especially in a customer serving role,, it does not bode well.
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When you say “I can see this being”, is this based on any legal precedent which has proceeded to judgment? I don’t want to judge your legal expertise by the many vibes based ideas you have about rural rail transportation.
 
micheal_can said:
Are you saying Via has their hands tied? Even for an assault? How do I get a job with Via if that is the case?
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Read the cases. There is certainly a line drawn beyond which workers can be fired. That line just isn't drawn where you want it to be.

More importantly, there is a process of fact finding and proof and representation before anyone makes a firing decision - quite unlike how social media decides things.

- Paul
 
micheal_can said:
Are you saying Via has their hands tied? Even for an assault? How do I get a job with Via if that is the case?
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All employers "have their hands tied" to varying degrees - it's called labour law (legislation + precedent rulings). It is governed by factors such as the specific workplace and terms of employment, and would depend on all of the particular circumstances, not just what we see on a social media clip, employment history, etc.. If they tried to fire him out of the gate, it would no doubt be appealed. There are a number of alternatives below the nuclear option; suspension, demotion, letter of apology, additional training, counselling and on and on.

As for a class action, that is completely different from the action of an employee. No doubt some 'ambulance chaser' is already on the case. They would have to make a case establishing loss or impairment beyond whatever TC's compensation rules are. The amounts involved likely would keep it in the Small Claims Court realm and I don't know if you can try to certify a class action in that court (I doubt it). This ain't the US.
 
dowlingm said:
When you say “I can see this being”, is this based on any legal precedent which has proceeded to judgment? I don’t want to judge your legal expertise by the many vibes based ideas you have about rural rail transportation.
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It is based on how litigious our society has become.Add to it a physical assault and you have the beginnings of most basic lawsuits.

crs1026 said:
Read the cases. There is certainly a line drawn beyond which workers can be fired. That line just isn't drawn where you want it to be.

More importantly, there is a process of fact finding and proof and representation before anyone makes a firing decision - quite unlike how social media decides things.

- Paul
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Good to know that assaulting someone means your career continues unfettered.

lenaitch said:
All employers "have their hands tied" to varying degrees - it's called labour law (legislation + precedent rulings). It is governed by factors such as the specific workplace and terms of employment, and would depend on all of the particular circumstances, not just what we see on a social media clip, employment history, etc.. If they tried to fire him out of the gate, it would no doubt be appealed. There are a number of alternatives below the nuclear option; suspension, demotion, letter of apology, additional training, counselling and on and on.

As for a class action, that is completely different from the action of an employee. No doubt some 'ambulance chaser' is already on the case. They would have to make a case establishing loss or impairment beyond whatever TC's compensation rules are. The amounts involved likely would keep it in the Small Claims Court realm and I don't know if you can try to certify a class action in that court (I doubt it). This ain't the US.
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Iknow labour laws and union contracts exist and are enforceable. I didn't realize they allowed employees to assault customers.
 
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