A railroad company has filed a lawsuit defending its right to terminate an employee who admitted that during a train stop he defecated on a knuckle that joins a locomotive and box car.

According to news reports, Union Pacific terminated the engineer for his actions, which also included throwing a feces-covered tissue out the window of the locomotive, informing his manager that he left a "present" for him, and extending his middle finger twice to a security camera on the train. After the engineer accepted "full and complete responsibility for his actions," Union Pacific terminated him under a rule that prohibits conduct that is "negligent, insubordinate, dishonest, immoral, quarrelsome or discourteous."

Following the termination, the union representing the engineer appealed. Following the denial of its appeal, the matter was sent to an arbitrator, who ruled the termination was "excessive discipline" and said the railroad should have required the employee to undergo a medical psychological evaluation.

In its recent lawsuit, the railroad is seeking to have the arbitrator's finding set aside on grounds the arbitrator exceeded his authority, and its seeking payment of its court costs and "any other relief the court deems just and proper."

—Source: journalstar.com