Railroad can't dump engineer for defecation on connection

Courts have traditionally had very little authority to disturb arbitrators' awards in resolving disputes under collective bargaining agreements (CBAs) and generally can do so only if the arbitrator exceeds his or her authority under the CBA in question. Illustrating the points, a recent case arising out of Nebraska involving the Union Pacific Railroad ended with a surprising result, causing the court to express its "bewilderment" at the arbitration board's conclusion.

Covering his tracks

In November 2016, Matthew Lebsack, a train engineer and 18-year veteran Union Pacific employee, defecated on the connector between two train cars, threw soiled toilet paper out of the window, and told his manager he had left a "present" for him. At the time, a fully functioning restroom was located just a few steps away. The engineer's workers then had to clean up the mess using bottled water and paper towels.

After learning what had happened, Union Pacific charged Lebsack with violating company rules. Under the governing CBA with the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART), the railroad company opened an investigation and set an evidentiary hearing.

SMART represented Lebsack at the hearing. He admitted to and apologized for the behavior. He also introduced evidence of "mitigating circumstances," including health complications (both psychological and physical) as well as personal matters in that his wife had left him before the incident. After the hearing, Union Pacific terminated him.