49 C.F.R. § 240.401
Review board established
(a) Any person who has been denied certification, denied recertification, or has had his or her certification revoked and believes that a railroad incorrectly determined that he or she failed to meet the certification requirements of this part when making the decision to deny or revoke certification, may petition the Federal Railroad Administrator to review the railroad's decision.
(b) The Administrator has delegated initial responsibility for adjudicating such disputes to the Operating Crew Review Board.
(c) The Operating Crew Review Board shall be composed of employees of the Federal Railroad Administration selected by the Administrator.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1996–2025 · leading case: Stephen H. Peters v. Union Pac. R.R. Co., 80 F.3d 257 (8th Cir. 1996).
Stephen H. Peters v. Union Pac. R.R. Co., 80 F.3d 257 (8th Cir. 1996). “49 C.F.R. § 240.401 (a). Any person denied certification can petition the Locomotive Engineer Review Board (Board) to determine whether the denial was improper.”
Bhd. of Locomotive Engineers & Trainmen v. Union Pac. R.R., 879 F.3d 754 (7th Cir. 2017). “49 C.F.R. § 240.401 (b). It is impossible for a license revocation ever to be upheld in arbitration.”
Daniels v. Union Pac. R.R., 530 F.3d 936 (D.C. Cir. 2008). “See 49 C.F.R. § 240.401 (a). The FRA “has delegated initial responsibility for adjudicating such disputes to the Locomotive Engineer Review Board.”
Turner v. BNSF Ry., 138 F.4th 224 (5th Cir. 2025). “§ 20135 (b)(1); 49 C.F.R. §§ 240.401 (a), 242.501–.511. This process provides three levels of review at which the FRA could determine that the field test did not comply with federal law or that the medical examiner needed to recertify Turner.”
Bhd. of Locomotive Engineers v. Union Pac. R.R., 876 F.3d 261 (7th Cir. 2017). “49 C.F.R. § 240.401 (b). It is impossible.”
Smith v. Fed. R.R. Admin., 398 F. App'x 601 (D.C. Cir. 2010). “49 (m), providing for three levels of appeal: by petition to the Board, 49 C.F.R. § 240.401 ; by review of the Board’s decision by an Administrative Hearing Officer, id.”
Carpenter v. Mineta, 432 F.3d 1029 (9th Cir. 2005). “49 C.F.R. § 240.401 . A petitioner dissatisfied with an LERB decision has the right to a rehearing before a “presiding officer” where discovery, testimony, and argument are permitted.”
Stephen H. Peters v. Union Pac. RR (8th Cir. 1996). “49 C.F.R. § 240.401 (a). Any person denied certification can petition the Locomotive Engineer Review Board (Board) to determine whether the denial was improper.”
Bhd. of Locomotive Eng v. Union Pac. R.R. Compan (7th Cir. 2018). “49 C.F.R. § 240.401 (b). It is impossible for a license revocation ever to be upheld in arbitration.”
Bhd. of Locomotive Engineers & Trainmen v. Union Pac. R.R., 237 F. Supp. 3d 762 (N.D. Ill. 2017). “49 C.F.R. § 240.401 ; Smith v. Federal R.”
Donahue v. Union Pac. R.R. Co. (N.D. Cal. 2025). “501 (a); see also 49 C.F.R. § 240.401 (a) (same). As set 24 forth below, the Court is not persuaded by Union Pacific’s argument.”
Cromeens v. Union Pac. R.R. Co. (D. Neb. 2025). “” 49 C.F.R. § 240.401 (a). Initially the appeals are decided by the Operating Crew Review Board.”
— 49 C.F.R. § 240.401(b) — 1 case
Turner v. BNSF Ry., 138 F.4th 224 (5th Cir. 2025). “§ 20135 (b)(1); 49 C.F.R. §§ 240.401 (a), 242.501–.511. This process provides three levels of review at which the FRA could determine that the field test did not comply with federal law or that the medical examiner needed to recertify Turner.”
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