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Appeals of Chicago and North Western Railway Company and Federal Railroad Administration (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 92—51

The Chicago and North Western Railway Company (“C&NW”)1 and the Federal Railroad Administration (“FRA”) have appealed, pursuant to 49 C.F.R. §240.411, a decision of an administrative law judge (“ALJ”), served on July 6, 1995. The ALJ’s decision reversed a decision of FRA’s Locomotive Engineer...

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

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...

Appeal of L.C. Rochner (FRA Locomotive Engineer Certification Case) Docket No. EQAL 2008-05

It is unclear under what authority the Appellant, Mr. L.C. Rochner, appeals the January 7, 2009 decision of the Locomotive Engineer Review Board (LERB) granting him relief from the Union Pacific Railroad Company (UP)'s decision to decertify his locomotive engineer certification. However, I can...

Appeal of L.R. Smith (FRA-Locomotive Engineer Certification Case) FRA Docket No. EQAL 2006-38 DOT Docket No. FRA-2007-0015

For the reasons set forth below, I affirm the finding of the Federal Railroad Administration (FRA) Locomotive Engineer Review Board (LERB) dismissing Mr. L.R. Smith's(Smith) petition for review of the alleged revocation of Smith's locomotive engineer certification. I agree with the LERB that Smith...

Appeal of S. A. Ferguson (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 2005-32 DOT Docket No. FRA 2006-24766

Stephen A. Ferguson (“Ferguson”) has filed an Appeal to the Administrator, dated 21 December 2007, including a cover-letter explanation of tardiness, dated 3 February 2008.The current package was postmarked 7 March 2008, and received in this office 10 March 2008.Ferguson claims that the appeal was...

Appeal of Richard Dominic Ruggiero (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 2004-63

Petitioner, Richard Dominic Ruggiero (“Ruggiero”), represented by Michael D. Twombly, General Chairman, Brotherhood of Locomotive Engineers and Trainmen, appealed directly to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 CFR § 240.403(e), from a...

Appeal of C. J. Gazarkiewicz (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 2004-29

Petitioner, C. J. Gazarkiewicz (“CJG”), represented by Don M. Menefee, General Chairman, Brotherhood of Locomotive Engineers and Trainmen, appealed directly to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 CFR § 240.403(e), from a decision of the...

Appeal of K. L. Hensley (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 2003–56 DOT Docket No. FRA 2004-18065

Petitioner, K. L. Hensley (“Hensley”), represented by Thomas H. Geoghegan, Despres, Schwartz & Geoghegan, 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”)...

Appeal of M. J. Kenny (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 2002-65

Petitioner, M. J. Kenny (“Kenny”), through the LCA Brotherhood of Locomotive Engineers, appealed to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 CFR § 240.411(f), directly from a decision of the Locomotive Engineer Review Board (“LERB”), which...

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

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...

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