LIRR Worker Battled Fires While On The Clock: MTA

NORTH BABYLON, NY — A Long Island Rail Road worker and volunteer fireman for the North Babylon Fire Department is accused of responding to calls for fires while on the job, according to the Office of the MTA Inspector General Carolyn Pokorny.

The allegations state that LIRR car appearance maintainer Michael Elco conducted his volunteer fireman work 14 times between January 1, 2018, and September 30, 2019, during LIRR work hours or on days he was on regular paid sick leave or on leave under the Family and Medical Leave Act (FMLA) with the LIRR, according to Pokorny.

Elco, who has volunteered for the fire department between 2005 and 2007 and again in 2009, denies these claims to Newsday. Elco, the captain of the fire department's Station 2, said he responded to fires on his own time, including during lunch breaks, since starting his job with the LIRR in 2015.

"They’re coming after me for helping my community out," Elco told Newsday. "I think the MTA should be embarrassed."

Pokorny said every member of the fire department must respond to 20 calls a month to remain in good standing and receive credit for responding to a call. Each member must also use a fingerprint scan to verify his or her presence, Pokorny said. However, Pokorny said an analysis of Elco's LIRR time and attendance records and the times he responded to calls for the fire department revealed he responded to fire department calls during work hours eight times, five times when he was on FMLA leave, and once when he was on paid sick leave.

Click here to read the Newsday report.

Pokorny states that Elco did not have "dual employment authorization" from the LIRR to volunteer at the fire department. The MTA also claimed that on October 24, 2019, Elco was seen asleep in his vehicle during his shift — to which he responded to Newsday that he was praying.

Pokorny said Elco retired after the LIRR filed disciplinary charges against him based on the investigation, but Elco claims he quit after finding another job, Newsday reports.

He was assigned to the Babylon Yard located in West Islip and his work hours were from 12:30 a.m.
to 8:30 a.m. Sunday through Thursday. His regular days off were Fridays and Saturdays. He resigned in November 2019, according to the MTA Inspector General's office.

"We recommend that the LIRR place this letter in the Car Maintainer’s personnel file and
recoup any payment made to him for hours he did not work," the investigation document states. "We also recommend that the LIRR improve its monitoring procedures for car maintainers to ensure that the employees are present at their work locations and performing their duties during work hours. We further recommend that the LIRR improve its record keeping process relating to spot inspections by supervisors to make sure the inspections are accurately and consistently recorded and recorded on a standardized form."

Pokorny said LIRR will try to recoup any payment made to Elco for hours he did not work.

The LIRR said it will track car appearance maintainers by starting regular spot inspections, more frequent parking lot walkthroughs at the Babylon Yard conducted by supervisors, using biometric Kronos clocks and using sign-in/sign-out sheets for time and attendance verifications.