Comments 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. The respondents jointly filed comments on September 10, 2001. Those comments propose additional findings of fact, which we reject because they are either immaterial legal conclusions or findings of fact that are inappropriate to our decision.
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 each 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. Permitting the status quo to be maintained for the period of any appeal of this order would not compromise the safety of the respondents' employees or the general public.
1. The Commission has jurisdiction to enforce Cal. Lab. C. § 6906(b) under Cal. Lab. C. § 6900.
2. 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.
3. This Commission should order respondents BNSF and UPRR to comply with the conductor qualification requirements of Cal. Lab. C. § 6906(b).
IT IS ORDERED that:
1. Pursuant to § 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. Investigation 99-06-005 is closed.
3. This order is effective today.
Dated , at San Francisco, California.
