FRA Stance on Cell Phone Violations Disqualification Risk

This is to inform you of recent guidance from the Federal Railroad Administration (FRA) regarding cell phone violations and their potential impact on an engineer's ability to continue working in safety-sensitive service. National President Mark Wallace has been in contact with FRA legal counsel regarding this issue. According to that discussion, the FRA is reviewing cell phone violations on a case-by-case basis and has indicated that it may disqualify an engineer when it determines the violation is sufficiently serious to warrant that action. In some instances, the FRA has gone back several years to review prior cell phone violations and, where it determined the conduct warranted further action, has imposed additional penalties. It is important that you understand, the distinction between a disqualification and a decertification. A decertification carries an appeal process. A disqualification does not. President Wallace advised that, in some cases involving cell phone violations, the FRA has reviewed matters after the fact and, where the conduct was deemed sufficiently egregious, has disqualified the engineer from working in any safety-sensitive position within the railroad industry. Such a disqualification may range from six to thirty-six months, with the duration determined by the FRA based on the circumstances of the case. The FRA may also assess a personal civil penalty at its discretion. It is important to understand the scope of an FRA disqualification. This is not simply a matter of being unable to work for your current railroad during the period of disqualification. An FRA disqualification prohibits an individual from performing any safety-sensitive service for any railroad, including another Class I railroad, a regional railroad, or a short line, for the duration of the disqualification. When a member is facing a potential disqualification, our Organization can advocate on the member's behalf. However, that representation is limited and generally follows the same guidelines that apply when filing an OCRB petition. Unlike a decertification, there is no formal disciplinary hearing or appeal process associated with an FRA disqualification. Please share this information with your coworkers as soon as possible. Given the severity of these potential consequences, including the inability to work in any railroad safety-sensitive position for up to three years and the possibility of a personal civil penalty, it is critical that every member understands the risks associated with improper cell phone use while on duty. If you have any questions regarding this matter, please contact my office.

Fraternally, William Wallace General Chairman BLET-UPWRGCA 

BLET Division 228 – Official Notice
WRGCA Website Access Required for Pass‑Up Option

To: All Engineers Under the Western Region GCA

From: BLET Division 228

Subject: Mandatory WRGCA.org Account Setup

 The Western Region General Committee of Adjustment (WRGCA) has implemented a new secure online portal at WRGCA.org. In order to access protected engineer resources, all engineers must create a new user profile and password on the updated site.

Required Action
All engineers must complete the following steps:

Visit WRGCA.org
Select “Create Account”
Register a new login and password
Log in to access the Pass‑Up system
Access to the Pass‑Up option now requires a valid WRGCA.org account. This applies to all engineers under the WRGCA.

Upcoming Features
The WRGCA will soon activate additional online functions, including:

Vacation Advancement/Vacation Deferral
These features will also require a WRGCA.org login once released.

Action Needed Now
Please complete your account setup as soon as possible to ensure uninterrupted access to Pass‑Up and upcoming vacation tools.