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	<title>Comments for Rail and Reason</title>
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	<link>http://railandreason.com</link>
	<description>Towards promoting reasonable limits to railway noise and reducing environmental impact.</description>
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		<title>Comment on Ontario by trainjane</title>
		<link>http://railandreason.com/tell-us-your-story/canada/ontario/#comment-1893</link>
		<dc:creator><![CDATA[trainjane]]></dc:creator>
		<pubDate>Wed, 16 May 2012 19:25:59 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.wordpress.com/#comment-1893</guid>
		<description><![CDATA[Where the railway can move, Mr. Willsie, is in terms of shifting its attitudes as to how it views and values resident community stakeholders in its operations. 

Basic cooperation and mutual respect will become increasingly important over time as rail traffic increases and residential presences grow.]]></description>
		<content:encoded><![CDATA[<p>Where the railway can move, Mr. Willsie, is in terms of shifting its attitudes as to how it views and values resident community stakeholders in its operations. </p>
<p>Basic cooperation and mutual respect will become increasingly important over time as rail traffic increases and residential presences grow.</p>
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		<title>Comment on Railway Noise and Vibration: What is Reasonable? by trainjane</title>
		<link>http://railandreason.com/2012/02/21/railway-noise-and-vibration-what-is-reasonable/#comment-1892</link>
		<dc:creator><![CDATA[trainjane]]></dc:creator>
		<pubDate>Wed, 16 May 2012 19:25:07 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1374#comment-1892</guid>
		<description><![CDATA[Hello Mr. Willsie,

We’ve already discussed, at length, some of the issues that you raise here yet again.

I take your criticisms as a compliment; if my credibility, or that of this blog were, in question in any way, you’d be giving this site much less attention.

The fact that we do not agree on key issues and yet this blog does not hesitate to publish dissenting views such as your own is one of the ways with which we’ve established our credibility.

We won’t be railroaded into having it any other way.

Speaking of dissent, we’ve been closely watching the gathering storm at your former employer and company with whom you hold a lease, CP Rail.

Given your expressed opinion that “All that matters is money” you must be looking forward to the upcoming vote at CP Rail’s Annual General Meeting on May 17th.

Mr. Bill Ackerman of Pershing Square Capital Management (the “dissenter”, according to CP Rail ads) is making quite the case to shareholders of CP being an underperforming railway, and one that more profit can be wrung out of.

As you probably know, Mr. Ackerman proposes a slate of seven nominees to change the face of CP’s Board of Directors, including replacing CP Rail’s Chief Executive, Mr. Fred Green, with former rival CN Rail Chairman, Hunter Harrison.
 
Ackerman certainly has received considerable publicity for this proposal, whetting shareholder’s appetite for profit by trotting out Harrison, CN’s retired warhorse, around the ring in what is looking to be, quite possibly an acrimonious shakedown at CP Rail.

If Harrison becomes the new CP Rail President, we predict the CP Rail that you know and have worked for, will rapidly become a thing of the past.

Quite possibly, some of the colleagues that you have at CP will find themselves having to adapt to a much different company culture, and perhaps a different quality of life as well.

Ask CN Rail employees about what it was like to work for CN during Harrison’s reign (I did, and got an earful) or talk to some former BC Rail employees in British Columbia who found themselves in a very different work environment when CN Rail swallowed up BC Rail during Harrison’s tenure.

Or, is the human element in all this simply an irrelevant issue to you Mr. Willsie, given that your view that economic considerations quash quality of life concerns? (Compared to a balanced approach, which considers both…)

Will you be at the AGM tomorrow, shaking hands and patting the backs of CP’s ousted Directors if Ackerman succeeds, telling outgoing Directors that their exit is a move in the right direction in the name of profit? 

Given your opinion that “All that matters is money,” have you, as a railway President, put your support behind the existing CP Board, or given your support to Ackerman’s bid?

Or, have you simply decided to sit on the fence with a wait-and-see attitude as to which way the wind blows on this one? 

Have you, or will you, stand up for your stated principles at this crucial crossroad in Canada’s railway industry?

As the saying goes, if you don’t stand for something, then you stand for nothing.

What do you stand for, Mr. Willsie?]]></description>
		<content:encoded><![CDATA[<p>Hello Mr. Willsie,</p>
<p>We’ve already discussed, at length, some of the issues that you raise here yet again.</p>
<p>I take your criticisms as a compliment; if my credibility, or that of this blog were, in question in any way, you’d be giving this site much less attention.</p>
<p>The fact that we do not agree on key issues and yet this blog does not hesitate to publish dissenting views such as your own is one of the ways with which we’ve established our credibility.</p>
<p>We won’t be railroaded into having it any other way.</p>
<p>Speaking of dissent, we’ve been closely watching the gathering storm at your former employer and company with whom you hold a lease, CP Rail.</p>
<p>Given your expressed opinion that “All that matters is money” you must be looking forward to the upcoming vote at CP Rail’s Annual General Meeting on May 17th.</p>
<p>Mr. Bill Ackerman of Pershing Square Capital Management (the “dissenter”, according to CP Rail ads) is making quite the case to shareholders of CP being an underperforming railway, and one that more profit can be wrung out of.</p>
<p>As you probably know, Mr. Ackerman proposes a slate of seven nominees to change the face of CP’s Board of Directors, including replacing CP Rail’s Chief Executive, Mr. Fred Green, with former rival CN Rail Chairman, Hunter Harrison.</p>
<p>Ackerman certainly has received considerable publicity for this proposal, whetting shareholder’s appetite for profit by trotting out Harrison, CN’s retired warhorse, around the ring in what is looking to be, quite possibly an acrimonious shakedown at CP Rail.</p>
<p>If Harrison becomes the new CP Rail President, we predict the CP Rail that you know and have worked for, will rapidly become a thing of the past.</p>
<p>Quite possibly, some of the colleagues that you have at CP will find themselves having to adapt to a much different company culture, and perhaps a different quality of life as well.</p>
<p>Ask CN Rail employees about what it was like to work for CN during Harrison’s reign (I did, and got an earful) or talk to some former BC Rail employees in British Columbia who found themselves in a very different work environment when CN Rail swallowed up BC Rail during Harrison’s tenure.</p>
<p>Or, is the human element in all this simply an irrelevant issue to you Mr. Willsie, given that your view that economic considerations quash quality of life concerns? (Compared to a balanced approach, which considers both…)</p>
<p>Will you be at the AGM tomorrow, shaking hands and patting the backs of CP’s ousted Directors if Ackerman succeeds, telling outgoing Directors that their exit is a move in the right direction in the name of profit? </p>
<p>Given your opinion that “All that matters is money,” have you, as a railway President, put your support behind the existing CP Board, or given your support to Ackerman’s bid?</p>
<p>Or, have you simply decided to sit on the fence with a wait-and-see attitude as to which way the wind blows on this one? </p>
<p>Have you, or will you, stand up for your stated principles at this crucial crossroad in Canada’s railway industry?</p>
<p>As the saying goes, if you don’t stand for something, then you stand for nothing.</p>
<p>What do you stand for, Mr. Willsie?</p>
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		<title>Comment on Ontario by Jeff Willsie</title>
		<link>http://railandreason.com/tell-us-your-story/canada/ontario/#comment-1891</link>
		<dc:creator><![CDATA[Jeff Willsie]]></dc:creator>
		<pubDate>Sat, 12 May 2012 21:50:14 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.wordpress.com/#comment-1891</guid>
		<description><![CDATA[To Nimbys
People moved in beside the railway of their own free will. I you dont like living in the back yard of the railway, move!In 35 years at CPR i was on strike many times &amp; every time the federal government forced us back to work within 2 weeks, as the operation of the railway is critcal for a prosperous economy.The economy is the most important issue today.The railway shall have more traffic as oil prices rise so if you do not like the noise,vibration &amp; diesel exaust then of course you should move as the railway cannot.
Jeff Willsie
President
Ontario Southland Railway]]></description>
		<content:encoded><![CDATA[<p>To Nimbys<br />
People moved in beside the railway of their own free will. I you dont like living in the back yard of the railway, move!In 35 years at CPR i was on strike many times &amp; every time the federal government forced us back to work within 2 weeks, as the operation of the railway is critcal for a prosperous economy.The economy is the most important issue today.The railway shall have more traffic as oil prices rise so if you do not like the noise,vibration &amp; diesel exaust then of course you should move as the railway cannot.<br />
Jeff Willsie<br />
President<br />
Ontario Southland Railway</p>
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		<title>Comment on Railway Noise and Vibration: What is Reasonable? by Jeff Willsie</title>
		<link>http://railandreason.com/2012/02/21/railway-noise-and-vibration-what-is-reasonable/#comment-1884</link>
		<dc:creator><![CDATA[Jeff Willsie]]></dc:creator>
		<pubDate>Mon, 07 May 2012 21:54:09 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1374#comment-1884</guid>
		<description><![CDATA[Hi, Train Jane.
I would like to point out your credibility is waning.
You will not identify yourself.
You do not answer the question of just what is reasonable noise from a busy railway operation. Instead, you have a paragraph espousing your opinion like a politician which is to say nothing at all.
You try to tie safety issues with annoyance issues but they are totally different issues. Anyone reading your blog can easily see you are trying to elevate annoyance issues to the level of safety issues to justify your position.
In regard to your question of how many people have to complain about annoyance issues before they are addressed, I would guess 75% of the entire population may do this, however as the NIMBY’s represent less than 1% of the population I doubt annoyance issues are very high on the federal government’s list especially when the healthy expansion of the economy rests in part on a 24/7 transportation system. The fact that the economy is the most important issue facing Canada today seems to fly right between your ears with no absorption whatsoever.
In regard to your surprise paragraph, I would like to point out that if for example a mining company decided to mine a valuable commodity in northern Ontario and ship 75 or 100 thousand cars a year to the west coast for export, it will happen because this will provide revenue to eliminate the deficit.
A plebiscite is very unlikely to happen in every municipality that freight is going to travel through. The railway is an existing transportation corridor operating long before NIMBY’s moved in. Furthermore, the railways nor the government are responsible for the people who have moved into the backyard of the railway. The NIMBY’s are responsible for their real estate investment decisions.
Now that the government is streamlining environmental processes regarding development for the economic well being of the nation, I sincerely doubt that those who choose to live next to the railway (whining and complaining) will receive much attention. The solution for the NIMBYs is to move as the railway cannot and the railways will carry the economic business of the nation whether or not it is an annoyance to you.
Train Jane, I would think with your superior writing ability you would have a well paying job so you don’t have to live in that cheaper property next to the railway. In any case, the railway will be rumbling along 24/7 long after you and I are dead. The solution to your problem is simple – MOVE!

Jeff Willsie, President
Ontario Southland Railway]]></description>
		<content:encoded><![CDATA[<p>Hi, Train Jane.<br />
I would like to point out your credibility is waning.<br />
You will not identify yourself.<br />
You do not answer the question of just what is reasonable noise from a busy railway operation. Instead, you have a paragraph espousing your opinion like a politician which is to say nothing at all.<br />
You try to tie safety issues with annoyance issues but they are totally different issues. Anyone reading your blog can easily see you are trying to elevate annoyance issues to the level of safety issues to justify your position.<br />
In regard to your question of how many people have to complain about annoyance issues before they are addressed, I would guess 75% of the entire population may do this, however as the NIMBY’s represent less than 1% of the population I doubt annoyance issues are very high on the federal government’s list especially when the healthy expansion of the economy rests in part on a 24/7 transportation system. The fact that the economy is the most important issue facing Canada today seems to fly right between your ears with no absorption whatsoever.<br />
In regard to your surprise paragraph, I would like to point out that if for example a mining company decided to mine a valuable commodity in northern Ontario and ship 75 or 100 thousand cars a year to the west coast for export, it will happen because this will provide revenue to eliminate the deficit.<br />
A plebiscite is very unlikely to happen in every municipality that freight is going to travel through. The railway is an existing transportation corridor operating long before NIMBY’s moved in. Furthermore, the railways nor the government are responsible for the people who have moved into the backyard of the railway. The NIMBY’s are responsible for their real estate investment decisions.<br />
Now that the government is streamlining environmental processes regarding development for the economic well being of the nation, I sincerely doubt that those who choose to live next to the railway (whining and complaining) will receive much attention. The solution for the NIMBYs is to move as the railway cannot and the railways will carry the economic business of the nation whether or not it is an annoyance to you.<br />
Train Jane, I would think with your superior writing ability you would have a well paying job so you don’t have to live in that cheaper property next to the railway. In any case, the railway will be rumbling along 24/7 long after you and I are dead. The solution to your problem is simple – MOVE!</p>
<p>Jeff Willsie, President<br />
Ontario Southland Railway</p>
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		<title>Comment on Railway President Agrees: All That Matters is Money by trainjane</title>
		<link>http://railandreason.com/2012/03/07/railway-president-agrees-all-that-matters-is-money/#comment-1883</link>
		<dc:creator><![CDATA[trainjane]]></dc:creator>
		<pubDate>Mon, 07 May 2012 11:05:01 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1433#comment-1883</guid>
		<description><![CDATA[Where we disagree, Mr. Vernackt, is that we believe that major stakeholders also include the resident public and railway customers. 

Without customers, railways would not have any business, and these customers, at times, have been very vocal with Government over their problems with rail service, and have pressed the federal government to further regulate the industry to rectify this. 

Please see our former post &quot;Forestry Industry Asks for Rail Service to be Regulated.&quot;]]></description>
		<content:encoded><![CDATA[<p>Where we disagree, Mr. Vernackt, is that we believe that major stakeholders also include the resident public and railway customers. </p>
<p>Without customers, railways would not have any business, and these customers, at times, have been very vocal with Government over their problems with rail service, and have pressed the federal government to further regulate the industry to rectify this. </p>
<p>Please see our former post &#8220;Forestry Industry Asks for Rail Service to be Regulated.&#8221;</p>
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		<title>Comment on Ontario by trainjane</title>
		<link>http://railandreason.com/tell-us-your-story/canada/ontario/#comment-1882</link>
		<dc:creator><![CDATA[trainjane]]></dc:creator>
		<pubDate>Mon, 07 May 2012 10:08:34 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.wordpress.com/#comment-1882</guid>
		<description><![CDATA[We are very sorry to hear this, it happens all too often. 

You state that you have contacted your M.N.A. (FYI: for our readers, a M.N.A. is a M.L.A. in other provinces) – could we suggest that you also contact your M.P. as well? Your M.P. represents your area on a federal level, as railway noise and vibration falls under federal jurisdiction. 

Please let them know that this problem is severe enough that you feel you have little alternative except to give up your home and move. 

We think it’s quite likely that this problem may very well continue after you leave, for other people, so it would be a helpful gesture if your elected representative there is made aware of the problem now, in the event of its continuation.]]></description>
		<content:encoded><![CDATA[<p>We are very sorry to hear this, it happens all too often. </p>
<p>You state that you have contacted your M.N.A. (FYI: for our readers, a M.N.A. is a M.L.A. in other provinces) – could we suggest that you also contact your M.P. as well? Your M.P. represents your area on a federal level, as railway noise and vibration falls under federal jurisdiction. </p>
<p>Please let them know that this problem is severe enough that you feel you have little alternative except to give up your home and move. </p>
<p>We think it’s quite likely that this problem may very well continue after you leave, for other people, so it would be a helpful gesture if your elected representative there is made aware of the problem now, in the event of its continuation.</p>
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		<title>Comment on Railway President Agrees: All That Matters is Money by K</title>
		<link>http://railandreason.com/2012/03/07/railway-president-agrees-all-that-matters-is-money/#comment-1879</link>
		<dc:creator><![CDATA[K]]></dc:creator>
		<pubDate>Sun, 06 May 2012 17:37:36 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1433#comment-1879</guid>
		<description><![CDATA[Jeff Willsie: Thank you for exposing a few things through your posts:

1) Whether you agree or disagree with &quot;Train Jane&quot; (and it&#039;s very obvious), taking a rude and shove-it stance (as for you, this is a pattern, so it shows) reveals character. Character cannot be changed - behaviours can.  Even some of the most disliked people have a way, through their behaviour, to debate and articulate that at least earns them some respect.  Unfortunately, I cannot even &quot;hear&quot; you in your posts as they are so rude, one just tunes them out.  
2) If the tables were turned and something was negatively impacting you and your family or those that you love, you would not want to hear someone berate you and basically say &quot;move&quot; or whatever the situation may be.  Show compassion to all my friend.
3) The Titanic was supposedly &quot;unsinkable&quot; and what seems to be a karma thing in life is that those that are so high and mighty in what they build or what they represent, often are so wrong.  
4) Please note, &quot;explane&quot; is actually explain 

Thank you]]></description>
		<content:encoded><![CDATA[<p>Jeff Willsie: Thank you for exposing a few things through your posts:</p>
<p>1) Whether you agree or disagree with &#8220;Train Jane&#8221; (and it&#8217;s very obvious), taking a rude and shove-it stance (as for you, this is a pattern, so it shows) reveals character. Character cannot be changed &#8211; behaviours can.  Even some of the most disliked people have a way, through their behaviour, to debate and articulate that at least earns them some respect.  Unfortunately, I cannot even &#8220;hear&#8221; you in your posts as they are so rude, one just tunes them out.<br />
2) If the tables were turned and something was negatively impacting you and your family or those that you love, you would not want to hear someone berate you and basically say &#8220;move&#8221; or whatever the situation may be.  Show compassion to all my friend.<br />
3) The Titanic was supposedly &#8220;unsinkable&#8221; and what seems to be a karma thing in life is that those that are so high and mighty in what they build or what they represent, often are so wrong.<br />
4) Please note, &#8220;explane&#8221; is actually explain </p>
<p>Thank you</p>
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		<title>Comment on Bill C-393, The Railway Noise and Vibration Control Act by Todd Busch</title>
		<link>http://railandreason.com/2012/03/21/bill-c-393-the-railway-noise-and-vibration-control-act/#comment-1847</link>
		<dc:creator><![CDATA[Todd Busch]]></dc:creator>
		<pubDate>Mon, 16 Apr 2012 08:57:43 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1503#comment-1847</guid>
		<description><![CDATA[Once again, a useful reference is THE RIGHT TO PRIVACY, by SAMUEL WARREN &amp; LOUIS D. BRANDEIS, Originally published in 4 Harvard Law Review 193 (1890).

These two authors emphasize at the introduction to their publication that &quot;It could be done only on principles of private justice, moral fitness, and public convenience, which, when applied to a new subject, make common law without a precedent; much more when received and approved by usage.&quot; Willes, J., in Millar v. Taylor, 4 Burr, 2303, 2312.

This reference to Millar v. Taylor is actually expressly recognizing a prior legal argument, by book publishers, to a right to copyright to the exclusion of having a published work ever entering the public domain.

Wikipedia, Millar v Taylor (1769) 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain. It represented a major victory for the bookseller monopolies.

To my understanding of the circumstances associated with the issue of railway noise and vibration within the boundaries of the City of New Westminster, attorneys for the railway(s) have exerted a claim to a right to privacy over the distribution of the written contents of their agreement with a group of residents.

So, the railways companies&#039; attorneys, and the railway companies themselves, are advocating a legal position that has been used, in other places and times, to establish a right to privacy that extends to the &quot;legal value of sensations&quot; of individuals within a legal context.

Will there be consequential legal action in Canada that recognizes the &quot;legal value of sensations&quot; for Canadians? Thanks to the attorneys for the railway companies, their advocacy of copyright is a step in the &quot;right&quot; direction.]]></description>
		<content:encoded><![CDATA[<p>Once again, a useful reference is THE RIGHT TO PRIVACY, by SAMUEL WARREN &amp; LOUIS D. BRANDEIS, Originally published in 4 Harvard Law Review 193 (1890).</p>
<p>These two authors emphasize at the introduction to their publication that &#8220;It could be done only on principles of private justice, moral fitness, and public convenience, which, when applied to a new subject, make common law without a precedent; much more when received and approved by usage.&#8221; Willes, J., in Millar v. Taylor, 4 Burr, 2303, 2312.</p>
<p>This reference to Millar v. Taylor is actually expressly recognizing a prior legal argument, by book publishers, to a right to copyright to the exclusion of having a published work ever entering the public domain.</p>
<p>Wikipedia, Millar v Taylor (1769) 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain. It represented a major victory for the bookseller monopolies.</p>
<p>To my understanding of the circumstances associated with the issue of railway noise and vibration within the boundaries of the City of New Westminster, attorneys for the railway(s) have exerted a claim to a right to privacy over the distribution of the written contents of their agreement with a group of residents.</p>
<p>So, the railways companies&#8217; attorneys, and the railway companies themselves, are advocating a legal position that has been used, in other places and times, to establish a right to privacy that extends to the &#8220;legal value of sensations&#8221; of individuals within a legal context.</p>
<p>Will there be consequential legal action in Canada that recognizes the &#8220;legal value of sensations&#8221; for Canadians? Thanks to the attorneys for the railway companies, their advocacy of copyright is a step in the &#8220;right&#8221; direction.</p>
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		<title>Comment on Ontario by fedup</title>
		<link>http://railandreason.com/tell-us-your-story/canada/ontario/#comment-1844</link>
		<dc:creator><![CDATA[fedup]]></dc:creator>
		<pubDate>Sun, 15 Apr 2012 07:19:22 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.wordpress.com/#comment-1844</guid>
		<description><![CDATA[I live in Vaudreuil-Dorion, quebec, have suffered all night long train vibration from CP engines left running. Have complained to CP, local MNA, the City of Vaudreuil-Dorion still problem persists.  I plan to move.]]></description>
		<content:encoded><![CDATA[<p>I live in Vaudreuil-Dorion, quebec, have suffered all night long train vibration from CP engines left running. Have complained to CP, local MNA, the City of Vaudreuil-Dorion still problem persists.  I plan to move.</p>
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		<title>Comment on Railway President Agrees: All That Matters is Money by Not Willsie</title>
		<link>http://railandreason.com/2012/03/07/railway-president-agrees-all-that-matters-is-money/#comment-1839</link>
		<dc:creator><![CDATA[Not Willsie]]></dc:creator>
		<pubDate>Fri, 13 Apr 2012 01:03:14 +0000</pubDate>
		<guid isPermaLink="false">http://railandreason.com/?p=1433#comment-1839</guid>
		<description><![CDATA[If you do not care about the public opinion , why are you still here?
I believe you are here because of fear. You know regulation is coming and you are trying to convince yourself otherwise. 

I think we can all agree that the expansion of rail is positive in many different ways. There are no arguments about it. Even the harshest critics of rail effects on urban population will have to agree with this.
Now how you conduct this expansion and how you deal with your sector criticism is something different. You seem to be from an old generation that does not seem to realise or care about these issues. A ever-more rare breed of businessman that is falling into irrelevance and is not prepared to lead for the future.

Fighting your critics won&#039;t solve any problems, Mr. Willsie. Why not engage positively in debate and in finding ways to improve your company relations?

After all, if the public is not satisfied with your sector, they will be sure to favour public officials that will give you a hard time.]]></description>
		<content:encoded><![CDATA[<p>If you do not care about the public opinion , why are you still here?<br />
I believe you are here because of fear. You know regulation is coming and you are trying to convince yourself otherwise. </p>
<p>I think we can all agree that the expansion of rail is positive in many different ways. There are no arguments about it. Even the harshest critics of rail effects on urban population will have to agree with this.<br />
Now how you conduct this expansion and how you deal with your sector criticism is something different. You seem to be from an old generation that does not seem to realise or care about these issues. A ever-more rare breed of businessman that is falling into irrelevance and is not prepared to lead for the future.</p>
<p>Fighting your critics won&#8217;t solve any problems, Mr. Willsie. Why not engage positively in debate and in finding ways to improve your company relations?</p>
<p>After all, if the public is not satisfied with your sector, they will be sure to favour public officials that will give you a hard time.</p>
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