WGCA LERB Appeals
Key Words	Synopsis	Railroad	Result	Decision	Organization Appeal	Organization Exhibits	Carrier Response	Miscellaneous Doc
CFR Part 240 in its entirity	Part 240 in its entirity	FRA						CFR Part 240
CFR Part 240 Subpart E - Dispute Resolution	Federal Regulations for LERB Dispute Resolution	FRA						Dispute Resolution
CFR Part 240.407 FAQ	Frequently Asked Questions regarding request for an administrative hearing under 240.407	FRA						FAQ 240.407
Example	LERB Example - How to file and what to  include	UPSR			LERB Example.pdf
Form B violation	Occupying track without authority - Engineer not qualified over territory properly by UP	UPWL	Won	Decision
Passing Signal displaying stop	Passing Signal without authority - LERB was filed by Peitiioner McCarthy on his own behalf as 1st Vice General Chairman of the SP Eastern Lines Committee	SPEL	Won	Decision	Organization Case		Carrier Response
Passing Signal displaying stop	Passing a switch point indicator on KCS was NOT considered a violation of 49 CFR 240.117(e)(1)	CNIC	Won	Decision
Policy	BLE UP Southern Region LERB Policy	UPSR						BLE UP Southern Region LERB POLICY.htm
Red Signal Violation	Stop Signal Violation - contains great language on what is required - allowed by the carrier in testing signals.	UPWL	Won	Decision
Restricted Speed violaiton	Restricted speed violation resulting in derailment on main track after running through a switch	UPWL	Won	Decision
Speeding	Exceeding maxium speed by a great amount in 3.2% grade territory - operated by student engineer the instructor engineer did not have proper qualificaiton either	UPWL	Won	Decision
Speeding	Exceeding maximum authorized speed by 1 mph with a 40 mph restricted train when provided paperwork showing train was good for 50 mph.	UPSR	Won	Decision	Organization Case
Stop Test	Red Signal - "little red light test" - Petitioner passed red light LERB found not providing the light for testing to be infringement of petitioner's rights  EQAL 01-53	UPSR	Won	Decision	Organization Case
Stop Test	Red Fusee Stop Test - Petitioner passed burning Fusee LERB found procedural grounds to overturn - hearing officer turned into charging officer - new charge issued at the hearing and no postponement was granted to prepare for the charge	CNIC Metra	Won	Decision
Stop Test	Red Signal - "little red light test" - Petitioner passed red light LERB found test invalid - not relevant to any railroad procedure EQAL 01-82	UPSR	Won	Decision
Unauthorized Track Entry	Petitioner entered main track without authority - waived company discipline rule 230 - carrier tried to make that waiver stand for decertification under 307 - LERB said no, must happen through	CNIC	Won	Decision
Unauthorized Track Entry	Enterning track without authority - passing meet point requiring crew to head into track in TWC territory EQAL 01-24	UPSR	Lost	Decision	Organization Case	Organization Exhibts	Carrier Response	Miscellaneous Doc
Unauthorized Track Entry	Petitioner entered track without authority - testimony developed that petitioner had asked on several occasions for clarification from his supvisor but was refused - LERB found procedural error and substantail harm.	CNIC GWWR	Won	Decision
Unauthorized Track Entry	Occupying track without authority - Conductor mistakenly released the wrong track warrant resulting in Petitioner's train occupying 1 mile segment of track without authority.	UPSR	Pending	Pending	Organization Case
Unauthorized Track Entry	Occupying track without authority - training of engineer and conductor on new track warrant territory was inadequate	UPWL	Won	Decision
Unauthorized Track Entry	Occupyint track segement without authority Pecos TX engineers not responsible for improper instructions while operating train	UPWL	Won	Decision