E.J. Callan v. Great Northern Railway Company, a Corporation

E. J. Callan, appellant herein, was employed as a switch foreman by the Great Northern Railway Company, appellee herein. On May 19, 1956, a train of which he was in charge collided with a string of boxcars, causing extensive damage. An investigation into the cause of the collision was made by the railroad, and as a result thereof Callan and the locomotive engineer were discharged. The balance of the crew was suspended for a period of 30 days.

Callan appealed his dismissal to the National Railroad Adjustment Board, herein called the NRAB or the Board. A hearing was held; the Board determined that the action taken by the railroad against Callan was excessive; and it ordered that he be reemployed and compensated for lost time less a 60-day suspension period which the Board felt was sufficient punishment for his conduct. The Board’s award became effective on January 17, 1958. In compliance with the order of the Board the railroad placed appellant’s name at its former position upon the railroad seniority roster and paid him for his time lost from the day of the accident to January 27, 1958, less the 60-day suspension period. Callan was given a physical examination by the railroad…