Administrative Hearings

Appeal of Glen I. Harshman (FRA—Locomotive Engineer Certification Case) DOT Docket # FRA 2001-11015 (FRA Docket No. EQAL 01-34)

  • 18
  • Mar
  • 2003
SUBJECT: Enforcement
ABSTRACT: Petitioner, Glen I. Harshman, through the United Transportation Union (“UTU”), appealed to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 CFR § 240.411, from a decision of an Administrative Hearing Officer (“AHO”) dismissing petitioner’s hearing request, with prejudice, based upon lack of jurisdiction. The AHO found that petitioner’s hearing request was untimely filed and that the Locomotive Engineer Review Board’s decision became final by operation of law. The Union Pacific Railroad Company (“UP”) and the FRA filed replies to petitioner’s appeal. Based upon my lack of jurisdiction to consider an appeal untimely filed, petitioner’s appeal is dismissed, with prejudice, without consideration of its merits.
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