1. Did the carrier produce evidence that the train was operating at an excessive speed considering the weight of the train? Did the Board find that the carrier met its burden of proof?

2. If the train was operated 10 miles per hour over the speed limit from Cajon to Baseline in violation of company operating rules and the speed set forth in the division timetable, is a one-year suspension an appropriate penalty for the engineer? Give the carrier’s view on this matter. State the union’s view. What did the Board say about this matter?

[Engineer S_ was suspended from work for one year for operating rules violations regarding his handling of his train’s speed in the descent of the Cajon Pass east of San Bernardino, California, on March 8, 1998. The matter was appealed to a Public Law Board, whose binding decision was rendered on June 5, 2001.]

On the Cajon Subdivision, trains are required to maintain certain speeds while descending the steep grade at Cajon Pass west of Summit depending on the tonnage of the train and braking capacity according to the requirements set forth in Division Time Table No. 2 in effect October 1, 1996. On March 8, 1998, Engineer S_ and Conductor Klatt operated [their train] from Barstow to Los Angeles. Some 10 days later, … they were contacted by Road Foreman of Engines J.L. Worcester who was investigating the speed of their train between Cajon and Baseline on March 8, 1998. Engineer S_ was held out of service soon after his discussions with Mr. Worcester.

The record reveals that the speed of westbound trains operating over the Cajon Pass are subject to strict scrutiny by the Carrier, and it is well known by all employees operating in this area that event recorders will be read for train speed by a Carrier official for all westbound trains operating over the Cajon Pass. Both Engineer S_ and Conductor Klatt testified that they used the Carrier rules and the paperwork given for their train in Barstow on March 8, 1998 to determine what speed to operate down the Cajon Pass. They both testified that they determined their train was a “15–30” train, meaning that their train travelling on the south track from Summit to Cajon was to operate at 15 mph, and from Cajon to Baseline the train was to operate at 30 mph. Were their train to be over 6,500 tons, under the speed regulations set forth in Division Timetable No. 2, they would be required to operate at 20 mph from Cajon to Baseline.