NRAB Archives - SMART Union

SMART-TD Vice Presidents David B. Wier, Jr. and Jamie C. Modesitt report that SMART-TD has received numerous favorable decisions from cases arbitrated at the First Division of the National Railroad Adjustment Board (NRAB).

In NRAB First Division Award No. 32203 (Parmelee, 2026), the Board adjudicated a case where Union Pacific terminated the employment of a yardman for allegedly refusing to submit to a reasonable cause drug and alcohol test. At the time of the incident, the claimant arrived at the carrier’s property in South Holland, Illinois, to retrieve his personal vehicle that he had previously left on the carrier’s property due to mechanical defects. A manager observed the claimant in the parking lot attempting to start his vehicle and offered to provide him with transportation to his residence. At that point, the claimant and the manager departed the carrier’s property in the manager’s vehicle.

After vacating the carrier’s property, the claimant and manager stopped to purchase food from a takeout restaurant. While purchasing food from the restaurant, the manager received a call from another manager requesting him to return the claimant to the carrier’s property for a reasonable suspicion drug and alcohol test. After the manager returned the claimant to the carrier’s property, he informed him that he was required to submit to a reasonable cause drug and alcohol screen.

Because he believed that he was not subject to a drug and alcohol test due to the fact that he was not on duty at the time, the claimant refused to submit to the drug and alcohol test. Although the Board found that the claimant should have submitted to the drug and alcohol test, it determined that the carrier’s handling of the case, particularly its decision to transport him towards his home and then return him to the carrier’s property, mitigated the degree of discipline assessed to the claimant. Based on its findings and conclusions, the Board reinstated the claimant to service and directed the carrier to provide him with compensation for time lost after his initial nine months withheld from service.

GO-953 General Chairperson Luke Edington, GO-953 Senior Vice General Chairperson Kurt Christensen, GO-953 Senior Vice General Chairperson Ian Reynolds, GO-953 Senior Vice General Chairperson Mike Moore and GO-953 Senior Vice General Chairperson Zach Nagy progressed this case to the NRAB First Division.

In NRAB First Division Award Nos. 32225, 32226 and 32227 (Lamboley, 2026), the Board arbitrated disputes that pertained to the Iowa Interstate Railroad terminating three employees for allegedly misusing their company-issued iPad devices to access confidential information related to other employees. In rendering findings on these three cases, the Board determined that the claimants were not afforded fair and impartial investigations due to the improper, prejudicial conduct of the hearing officer, Larry Hicks.

In this regard, the hearing officer unilaterally decided which rules to charge the claimants with violating after the charging officer and other carrier witnesses concluded their testimony at the formal investigation. Based on its findings, the Board determined that the hearing officer’s conduct compromised the claimants’ ability to receive fair and impartial investigations. Accordingly, the Board ruled to reinstate the claimants to service with compensation for their lost earnings. GO-IIR General Chairperson Tim Kilbride progressed these cases to the NRAB First Division.

In NRAB First Division Award No. 32293 (Tener, 2026), Union Pacific terminated the employment of a conductor for allegedly going in between equipment with insufficient separation. In reviewing the instant case, the Board determined that the record did not adequately establish that the claimant was in violation of the rule that the carrier cited as its basis for terminating his employment. Arriving at that conclusion, the Board ruled to reinstate the claimant to service with back pay for all lost time.

SMART-TD’s Bus Department continues to go to bat for members.

In the matter of SMART-TD Local 1594 and Southeastern Pennsylvania Transportation Authority (SEPTA), an operator was terminated following an incident involving a pedestrian while the vehicle was en route. Subsequently, SEPTA alleged that the grievant violated safety rules regarding pedestrian hazards and safe vehicle operation, resulting in the grievant’s termination. SMART-TD contested the action, arguing that just cause was not established because SEPTA failed to impose progressive discipline, engaged in disparate treatment compared to other operators and did not consider mitigating or extenuating circumstances.

After reviewing the evidence and arguments, the arbitrator concluded that the termination was unjust. Accordingly, the discharge will be reduced to a 45-day suspension, and the grievant will be reinstated to the former position with uninterrupted seniority and full back pay, minus the suspension.

This arbitration was advanced by General Chairperson Anthony Petty, with the assistance of Vice President James Sandoval.

In the matter of SMART-TD Local 0172 and First Student Inc., an operator was terminated due to an altercation with another operator while on duty. First Student upheld the termination, even though the operator was defending themselves against the other operator. SMART-TD challenged the termination throughout the grievance process, and First Student offered a settlement in lieu of the arbitration hearing. The operator accepted the monetary settlement offer, and the discharge was expunged from their records.

This arbitration was advanced by General Chairperson Kathy Sitongia, with the assistance of Vice President Alvy Hughes.

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