Comment on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ___________, and reply comments were filed on ____________.
1. Respondents BNSF and UPRR are, respectively, common carriers by railroad that operate lines of railroad within the State of California.
2. BNSF and UPRR both employ persons in California as conductors.
3. The majority of persons hired and employed by BNSF and UPRR as conductors since 1994 have had neither two years' actual service as brakemen on a steam or electric railroad other than a street railway, nor one year's actual service as railroad conductors in road service.
4. Persons hired and employed by BNSF and UPRR as conductors who have not had such prior service as brakemen or conductors have instead received 13 or 14 weeks of formal training and testing before being promoted as conductors.
5. The hiring, promotion and employment of persons as conductors in the manner set forth in the preceding paragraph has been performed since 1994 under the terms of collective bargaining agreements between BNSF and UPRR, respectively, and UTU.
6. BNSF and UPRR have demonstrated by substantial evidence on the record in this proceeding that the safety of their employees and the general public since 1994 has not been adversely affected by the promotion and employment of persons in the manner set forth in paragraph 4.
7. Immediately requiring BNSF and UPRR, respectively, to employ only persons as conductors who have had two years' actual service as brakemen in road service on a steam or electric railroad other than a street railway, or one year's actual service as railroad conductors in road service, would severely disrupt train operations on each railroad, have a substantial adverse effect upon the financial health of each carrier and its employees, and have an adverse effect upon commerce within California and between California and other states.
8. Refraining from requiring BNSF and UPRR to employ only persons as conductors who satisfy the experience criteria set forth in the preceding paragraph will not have an adverse effect upon the safety of their other employees or the public.
1. The Commission has the jurisdiction and the duty to enforce railroad safety statutes under California Constitution Article XII, Sec. 3, and Cal. Lab. C. section 6900.
2. Cal. Lab. C. section 6906 is a railroad safety statute within the meaning of Lab. C. section 6900.
3. Respondents BNSF and UPRR, respectively, are not in compliance with the conductor qualification requirements of Cal. Lab. C. section 6906, and specifically subsection (b) thereof.
4. This Commission should order respondents BNSF and UPRR to comply with the conductor qualification requirements of Cal. Lab. C. section 6906, and subsection (b), pursuant to our constitutional and statutory enforcement jurisdiction.
IT IS ORDERED that:
1. Pursuant to Section 6906 of the California Labor Code, respondents Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company, respectively, are ordered to refrain from employing any person as a conductor who has not had at least two years' actual service as a brakeman in road service on a steam or electric railroad other than a street railway, or one year's actual service as a railroad conductor in road service, as specified in subsection (b) thereof.
2. Respondents shall be in full compliance with this order by not later than the anniversary of the effective date hereof, unless this order is stayed by the Commission or a court of competent jurisdiction, or Cal. Lab. C. Section 6906 is amended or repealed by the Legislature so as to nullify the preceding paragraph.
3. Investigation 99-06-005 is closed.
This order is effective immediately.
Dated , at San Francisco, California.
