49 C.F.R. § 240.5

Effect and construction

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(a) FRA does not intend, by use of the term locomotive engineer in this part, to alter the terms, conditions, or interpretation of existing collective bargaining agreements that employ other job classification titles when identifying a person authorized by a railroad to operate a locomotive.

(b) FRA does not intend by issuance of these regulations to alter the authority of a railroad to initiate disciplinary sanctions against its employees, including managers and supervisors, in the normal and customary manner, including those contained in its collective bargaining agreements.

(c) Except as provided in § 240.308, nothing in this part shall be construed to create or prohibit an eligibility or entitlement to employment in other service for the railroad as a result of denial, suspension, or revocation of certification under this part.

(d) Nothing in this part shall be deemed to abridge any additional procedural rights or remedies not inconsistent with this part that are available to the employee under a collective bargaining agreement, the Railway Labor Act, or (with respect to employment at will) at common law with respect to removal from service or other adverse action taken as a consequence of this part.

[85 FR 81307, Dec. 15, 2020]

Notes of Decisions

Cited in 2 cases, 1999–2005 · leading case: Mills v. Norfolk S. Ry. Co., 526 S.E.2d 585 (Ga. Ct. App. 1999).

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Mills v. Norfolk S. Ry. Co., 526 S.E.2d 585 (Ga. Ct. App. 1999). “After the amendments, 49 CFR § 240.5 (a) reads: [b]y issuance of these regulations, FRA intends to preempt any State law, rule, regulation, order, or standard covering the same subject matter [(the minimum qualification of engineers)] in accordance with the provisions of section…”

Carpenter v. Mineta, 432 F.3d 1029 (9th Cir. 2005). “49 C.F.R. § 240.5 (f) (“Nothing in this part shall be deemed to abridge any additional procedural rights or remedies .”

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