This is in response to requests for guidelines and advice in the handling of decertification cases for our Engineer members under Title 49 CFR Part 240.These cases are not governed by any collective bargaining agreement, and technically they are outside of our scope of representation under the Railway Labor Act. Nevertheless, we want to assist our Engineer members as effectively as possible in dealing with these Federal regulations, and I hope these guidelines will help you in that endeavor.

Click here for a flow chart showing the various steps in pursuing these cases, along with the prescribed time limits, if time limits are specified in the Federal Regulations. It is very important to remember that although the FRA decertification hearing may be combined with a disciplinary investigation, the avenues of appeal are completely separate. The information and advice furnished here apply only to the handling of the decertification. You must handle the discipline case separately, under the applicable discipline rules on the property.

Here is my synopsis of the procedures, along with comments that I hope will provide some helpful advice. I would be happy to discuss any particular case with you, and I stand ready to assist in securing answers to any questions you may have about these regulations.