Re: Does NR know about this?

["David Proctor" <daproc.spambait@umpires.com>]

MarkBau1 wrote in message <19981114050813.16760.00000574@ng-fb1.aol.com>...

>unions went to court and the Wisconsin legislature ended up ruling that all
>trains in Wisconsin MUST have two persons. WC, UP, BNSF and other railroads
>appealed this law to the US federal appeals court. Guess what? the US
federal
>appeals court upheld the Wisconsin ruling.
>
>This bit of knowledge/precedent may be handy when NR start trying to
implement
>one man crews.


How long have Australian courts made reference to United States courts in
relation to precedents? The US courts would have made their decision based
on US law, in relation to US OH&S requirements, either Federal or the State
of Wisconsin. The appeals courts would have made their decision on the
appeal based on those laws.

Australian courts, funnily enough, will make their decisions based on
AUSTRALIAN and QLD/NSW/VIC/SA/WA law - and WILL NOT have regard to US law -
they MAY make reference to US findings on material matters, such as studies
relating to fatigue, etc, but the US law will have NO bearing.

(btw, I happen to prefer 2-man crews - I think it is safer for both the
public and the community - I just don't like to see silly arguments thrown
up!)

David "The Doctor" Proctor J.P.
daproc.spambait@umpires.com