Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, May 31, 1993                   TAG: 9306010226
SECTION: EDITORIAL                    PAGE: A-6   EDITION: METRO  
SOURCE: 
DATELINE:                                 LENGTH: Medium

EDITORIAL IMPUGNS JURY'S STANDARDS

The first one appeared on May 18 entitled "Railroad jury was out to lunch." This editorial was not only slanderous to Joseph Stover, it was highly insulting to the good citizens of Roanoke who fulfilled obligations to serve on jury duty.

It stated that Stover was fired for a long history of safety violations and accidents. The record will show that he was employed by Norfolk Southern for nearly 20 years and lost a total of 30 days due to injury.

Your editorial stated, "Other NS workers, though, testified they had no problem working the derail. Four went out the evening Stover reported his injury and operated it 25 times - each." Who were these four NS workers? The record shows they were an assistant superintendent, superintendent of safety, a train-master and a track supervisor. These people would be more accurately described as supervisors than workers.

Your editorial seems to imply that the jury had a cynical lack of regard for fairness and made their award on the shallow principle that because NS had deep pockets, they (the jury) ought to give Stover a huge award even though he (Stover) didn't deserve it.

I would ascribe a higher standard to the jury. I think they heard all the evidence, weighed the facts and decided that Stover was injured and equipment played a role in his injury. The jury may also have felt that NS fired Stover unjustly in an attempt to limit its liability under the law, and made an award to reflect that feeling.

The second editorial I would like to comment on is entitled "Strike out the striker bill" (May 20).

It said the striker bill "would leave companies more vulnerable to unreasonable demands, and increase the number of work stoppages nationwide."

I would not argue that there may very well be more work stoppages if the bill were passed, but it would not be because the workers made unreasonable demands, but because the playing field between labor and management was level. It is common knowledge that the best way to break a union is to get the union to strike and then permanently replace the striking workers, as President Reagan did the Professional Air Traffic Controllers Association workers.

DAVID L. BENSON\ General Chairman United Transportation Union Norfolk and Western Railway\ ROANOKE