Arbitrator Sidney Moreland IV ruled that Union Pacific Railroad violated its CBA and three side letters interpreting the agreement when it unilaterally implemented a new computer process that required an engineer who incorrectly answered one or more questions to re-take the entire relevant section of a certification test on the rules/instructions for train handling. The CBA and three MOUs plainly state that such employee “will be retested on those [questions] which were answered wrong” and that the engineer may be retested on the same day if requested. The carrier also violated the CBA when it asserted that testing every 36 ...

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