FRA grants unions’ request for extension to file certification petitions

(Source: Progressive Railroading 04/16/2020)

The Federal Railroad Administration (FRA) has granted two rail unions’ joint petition to extend time limits in which certain petitions for review must be filed with the Locomotive Engineer Review Board (LERB) and the Operating Crew Review Board (OCRB), the unions announced yesterday.

Under FRA regulations governing certification of locomotive engineers, a petition seeking review of a railroad’s decision to deny certification or recertification must be filed with the LERB no more than 180 days after the date of the railroad’s denial decision. A petition seeing review of a railroad’s decision to revoke certification must be filed with the LERB no more than 120 days after the date of the railroad’s decision.

Similarly, under FRA regulations governing certification of conductors, a petition seeking review of a railroad’s decision to deny certification or recertification, or to revoke certification, must be filed with the OCRB no more than 120 days after the date of the railroad’s denial decision.

The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the SMART Transportation Division (SMART-TD) filed their joint petition on March 30. The FRA on March 25 granted an identical extension for railroads to respond to petitions for review field with the LERB and the OCRB, union officials said in a press release.

Under the terms of the April 7 waiver, the FRA granted temporary emergency relief from the 180- and 120-day filing deadlines. The deadline for any petition for review that’s due to be filed during the waiver period is extended 60 days, union officials said.