National Conference of Fireman & Oilers Agreement

Question

Can someone please help me... I fell that my husband was unjustly fired from CSX before his probation period was up... on his termination letter it states that it is pursuant to Rule 13 of the National Conference of Fireman & Oilers Agreement. What does this mean? Is there any thing he can do if he was fired before his probation period if he wasn't told why he was fired - he was just told that they didn't need him any longer... He had some family out there that upset some ppl and this possibly could have resulted in his termination. Does anyone know of a good lawyer to contact?! Thanks!

Answer 1

First things first.  The company is claiming that your husband was fired pursuant to this rule in the National Conference of Firemen and Oilers agreement.  This is obviously a reference to the union contract between the union and the railroad.  So, his first stop should be at the union office (or the local rep, if your husband knows who that is).

The national headquarters for the NCFO is in Washington:

NCFO

1023 15th Street, NW, 10th Floor

Washington, DC 20005

[phone]

I don't know which local represents the CSX employees in your area, but the NCFO Web site contains links to the various locals, so you might want to look at this Web page:

http://www.ncfo.org/links.htm

When you get to someone in the union, find out what "Rule 13" is, or even if there is such a rule.  Then your husband should have some idea what he is up against.  

Of course, it could be that he was told the truth.  Rail business is down (like the rest of the economy), and it may be that they just decided they have too many employees for the work currently available.  If that's the case, there may not be much he can do about it.  It may not be "fair," but it is not illegal. On the other hand, if it looks like they are claiming something that isn't true (maybe someone who he got on the wrong side of spreading a false rumor), your easiest and best course is to get the union to go to bat for him.  That's what unions are supposed to do, right?

If that doesn't work, you should consider hiring a lawyer who has experience before the Surface Transportation Board and the National Labor Relations Board.  The union may be able to give you some help there as well.  But be warned: This would not be cheap and probably will not be fast either.  

I wish you well.

Answer 2

A probationary period generally means that the person is working in a trial basis and may or may not be kept permanently. Termination in GA can be for any reson or no reason bec it is an employment at will state unless there is a written employment contract.   He may be eligible for unemployment comp however,