AGE and TRAINS Andrew Gilbert Edwards (AGE) a Native-Americanemployed-at-will had been a commuter train operator for PondPacific Railway (PPR). The company began with a steam locomotiveduring President Warren Harding’s administration. He logged over 12hours per shift and received every award and commendation theemployer had to offer for being ahead of time, on time but neverbehind time. In the past year, his supervisor was looking to hiresome female conductors. As train designs improved, AGE used hiskeen sense of touch to become the only train operator in the fleetwho could operate a train blindfolded, telling by the feel of thecontrols where he was, where he was going, and when he would arrivethere. His long experience on every one of PPR’s routes and hismemory let him win dozens of wagers by performing the controls withone hand behind his back flawlessly. The train’s motto was (“We arenever late.”) was a goal AGE had successfully accomplished for over42 years. For the last three years, AGE had noted (but kept tohimself) that his reflexes were beginning to fail, but hislegendary sense of touch and memory more than compensated for theproblem. He would require that his co-train operator periodicallyguide his hands to work the controls, thereby AGE was able to hidehis deteriorating reflexes. When AGE had his annual safety checkthe company safety director gave him a passing grade (because hepassed all the tests), but he became worried about AGE's tendencyfor his hands to shake. The director suspected some medical (or,worse, controlled substance) problem. So, he ordered a battery oftests by the company doctor, but did not what it to appear as if hewas retaliating against him. AGE agreed to the tests. The doctordiscovered the problem with his reflexes. The safety directorconfronted AGE but he would not accept a transfer to any positionwhich did not have him operate a train. He did take a brief medicalleave of absence. However, the co-train operators unanimouslytrusted AGE, with all of his problems, more than any other seniortrain operator. Upset with attempts to stop him from operating atrain, he climbed into the engine compartment of a newly loadedelectric train powered by wind energy with 20 cars and 150 peoplein each car. He left against orders and crashed during morning rushhour into a train terminal because the train was speeding.Thankfully, everyone survived. However, the co-conductor sued PPRfor personal injury damages based on injuries rendering him aparaplegic. A band of musicians on their way to a $1000 per night,all expenses paid gig at the Pineapple Hilton was also on thetrain; they sued PPR for injuries preventing them from performingbecause they had all been struck speechless by the sight of thetrain terminal quickly approaching realizing they were about tocrash into it. Identify at least 10 possible employment law legalissues “not railway regulations, polices or procedures” and explainhow they should be resolved.
