Administrative Hearings

Appeal of Ernest W. Wood III (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 92—40

  • 08
  • Feb
  • 1996
SUBJECT: Enforcement
ABSTRACT: Petitioner, Ernest W. Wood III, has appealed (September 21, 1995) to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 C.F.R. § 240.411, from an August 18, 1995, decision of an Administrative Law Judge (“ALJ”) sustaining the action of his employer, Norfolk Southern Corporation (“NS”), revoking his locomotive engineer certification for 30 days because of his violation of NS’s operating rules and practices by not following a contact instruction on the date in issue, resulting in a violation of 49 C.F.R. § 240.117(e)(4). After holding an evidentiary hearing on February 23-23, 1995 (at which petitioner was represented by the General Chairman of the United Transportation Union), the ALJ upheld the violation, concluding that NS’s decertification of petitioner was proper under the provisions of 49 C.F.R. § 240.117(c).
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