WGCA Discipline Cases
Key Words Synopsis Railroad Result Decision Organization Submission Organization Exhibits Carrier Submission Carrier Exhibits Miscellaneous Doc
1.6 Conduct insubordination Failure to comply with instructions on medical information -Carrier failed to prove charges - reinstated with full back pay UPWL Won Decision Organization Submission        
Absenteeism Claimant was an absentee problem - returned to service with out pay on second chance UPWL In Part Decision          
Absenteeism - FMLA Multiple offense Level 5 - decision reinstatement with 9 months back pay UPWL In Part Decision          
Absenteeism Level 2 Laid off 2/7 to 5/11 refused to answer Carrier's telephone calls UPWL Lost Decision Expidted Board No Submission        
Absenteeism Level 2 Carrier continued Part Time Employee Neutral agreed UPWL Lost Decision Expidted Board No Submission        
Absenteeism Level 3 Carrier continued Part Time Employee Neutral Agreed UPWL Lost Decision Expidted Board No Submission        
Brake Test Claimant failed to make a standing engine break test Level 4 1/2 reduced to 4 UPWL In Part Decision Organization Submission        
Dark Signal - Efficiency test Exceed restricted speed & failed to report light out UPWL Won Decision Expidted Board No Submission        
Decertification - engineer allowed to exercise trainman's seniority Claimant was decertified as engineer but no compnay discipline as assessed and he was denied the opportunity to exercise his trainman's seniority.  Referee Cluster ruled that this practice was permissable under the agreement. BNSF Won Decision          
Decertification - engineer allowed to exercise trainman's seniority Claimant waived discipline in case but his engineer certificate was suspended for 6 months.  Carrier did not allow him to work as trainman during the certificate suspension and was required to pay back pay. ATSF Won Decision Organization Submission Organization Exhibits Carrier Submission Carrier Exhibits  
Derailment - Switching Level 2 Kicking cars failed to hear stop UPWL Lost Decision Expidted Board No Submission        
Derailment on spring switch Level 4  Two man crew switching missed spring switch and derailed  Board reduced to Level 3 UPWL Sus in part Decision Expidted Board No Submission        
Drugs - Alcohol Letter to Carrier requesting litigation package regarding a charge of adulteration UPSR     Organization Submission        
Drugs - Alcohol Claimant was returned to work without back pay on second chance UPWL   Decision          
Drugs - Alcohol Rule G - Claimant reinstated without back pay UPWL In Part            
Drugs - Alcohol 2nd rule G within 10 years - Bench Decision - returned to work W/O back pay UPWL In Part Decision Organization Submission        
Drugs - Alcohol Claimant was arrested for manufactering drugs and charged by Carrier for insubordination - reinstated under companion agreement UPWL In Part Decision Organization Submission        
Drugs - Alcohol Claimant was reinstated without back pay UPWL In Part Decision          
EEO Sexual Harassment Claimant was charged with telling sexually explicit story to hotel desk clerk involving allegedly masturbating a cat UPSR Pending Pending Organization Submission        
EEO Sexual Harassment Claimant was charged with making statements of a sexual nature to van transport driver and showing her a weapon UPWR Pending Pending Organization Submission        
EEO Sexual Harassment Claimant was accused of Sexual Harrasment at the AHT - Reinstated reduced to Level 3 with over $100,000 back pay UPWL In Part Decision Organization Submission        
EEO Violation Level 5 1.6 EEO Policy reduced to Level 3 Offensive language, expletives in front of female trainer UPWL Lost Decision Expidted Board No Submission        
Fraud Claimant was accused of creating UP Payroll checks  UPWL In Part Decision Organization Submission        
Giving Fales Testimony Claimant was accused of giving false testimony to claim agent - heartbreaker - appealed to ID for assistance UPWL Lost Decision Organization Submission        
Hearing protection - failure to wear Carrier claimed no hearing protection in right ear with window open UPWL Won Decision Expidted Board No Submission        
Instructions - Failure to comply with - dishonesty Claiming O/T for late meal at end of shift UPWL Won Decision Expidted Board No Submission        
Occupied Main Track without authority Red block violation released brakes and rolled back into circuit UPWL Won Decision Expidted Board No Submission        
Red signal violation suspended signal territory passed first stop signal at end of limits UPWL Lost Decision Expidted Board No Submission        
Restricted Speed Sideswipe standing locomotive while switching Failing to stop within 1/2  the distance specified UPWL Won Decision Expidted Board No Submission        
Run thru switch Level 4 Long hood forward switching move run thru derailment UPWL Won Decision Expidted Board No Submission        
Speeding Progressive offense dismissal - Claimant received back to back level 4's discipline guilty of charges but given last chance reinstatement UPWL In Part Decision          
Speeding Unforeseen 10mph observed by officers taped showed 46 mph UPWL Lost Decision Expidted Board No Submission        
Speeding Event recorder showed exceeded speed B/O over speed device UPWL Won Decision Expidted Board No Submission