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This is the incredible true story of railroad worker and union official Mike Elliott, targeted by his railroad employer, BNSF Railway Company, for his safety-related activities. As the union's state legislative board chair, Elliott was the top safety official in the state, and the voice for over 900 rank & file locomotive engineers operating trains around the clock, every day of the year.
When his members reported a plethora of trackside signal malfunctions on the BNSF Seattle subdivision, Elliott went to the railroad first, asking that they fix the problems. When the BNSF failed to act, he contacted the government's regulatory authority, the Federal Railroad Administration. That led to an FRA inspection of over 130 miles of the railroad's track and signal systems turning up hundreds of federal defects – all with potential to put workers and the public at risk.
What followed was a retaliation plot reminiscent of the Nineteenth Century Robber Barons: A management-staged conflict at work, police called in, arrest, jail, criminal charges, and termination from his job – not once but twice.
The wrath, influence and power of North America's largest freight railroad is unleased in full force and in an all-out attack on a whistleblower's life, liberties, and career. An amazing journey of one man's righteous battle against impossible odds and the nearly unlimited resources of a multi-billion-dollar corporation.
Read an Excerpt:Jim Vucinovich called me to the stand. He addressed background facts concerning my education, current employment, ongoing work for the BLET, and my past work history, including my USMC service and law enforcement experience. He asked most specifically about the “instruction and training in self-defense” I received at the police academy in California and if that training came into play during the Kautzmann parking lot incident.
“It had,” I answered.
We left this subject for the moment and went into more of my work experience, including the history of my railroad career. This gave us an opportunity to explain something about the labor structure in railroading while establishing my experience and expertise as a conductor and an engineer. We eventually zeroed-in on my knowledge of signals and safety, the nature of the signal complaints I received from my Union Pacific BLET members, and, most significantly, processes associated with tri-annual engineer recertification.
I testified to being through it several times previously, describing the “Net-Sim” (network simulator), its role in the process and how Net-Sim scheduling was accomplished through the company payroll computer. Jim also asked questions about the driver’s license abstract, the requirement it be submitted along with other documents to BNSF’s Overland Park, Kansas certification department and how Washington State only allows the licensee to obtain a copy of their own driving abstract. This was important information establishing that Dennis Kautzmann had no legitimate reason for contacting me on March 3rd, 2011, as the Net-Sim scheduling notifications were done through the payroll computer.
The testimony also laid the foundation for countering BNSF’s false assertion I had failed to submit my tri-annual recertification paperwork in a timely manner, or had submitted paperwork from the previous tri-annual recertification in 2005, by identifying the keeper of those records: BNSF certification manager Kathy Conkling.
From here, Jim led me through testimony about my safety work for BLET. I explained that I got into safety because I saw a disconnect between what workers learned in classroom training and what they experienced in the field.
About the Author: Mike Elliott was born and raised in Washington State. He enjoys the great outdoors of the Pacific Northwest, classic rock & roll music, vintage stereo gear, home cooked meals, and Seattle Mariners baseball. He lives in Tacoma, Washington.
