Fired engineer may be back at LIRR soon

The former Long Island Rail Road engineer who was fired for letting a passenger behind the controls of a morning rush-hour train may soon be back working on the railroad, but he won't be allowed to operate a locomotive again.

An arbitrator's recent ruling upheld the LIRR's decision to fire Ronald Cabrera in 2009 when he faced criminal charges for letting commuter William Kutsch operate a diesel train for more than 20 miles from Hicksville to the Hunterspoint Avenue station in Queens.

Cabrera, 42, of Centereach, pleaded guilty in 2010 to official misconduct, a misdemeanor, for letting Kutsch into the cab. Cabrera has maintained that he always was in control of the train, which was carrying 400 people and going as fast as 80 mph.

The National Mediation Board, in its ruling, said it found Cabrera's argument "unpersuasive." The board's three members noted that Cabrera allowed Kutsch to put his foot on the train's "dead-man's pedal," which is supposed to be held down by an engineer.

Because of Cabrera's "egregious lapses in judgment," the LIRR was right to fire him, the board wrote.

However, in consideration of Cabrera's "long service as an effective employee," the board ruled that the LIRR should offer him a nonoperating job when one is available and if Cabrera is qualified. Cabrera joined the LIRR in 1988 and became a locomotive engineer in 1993.

"As a result of his actions, Mr. Cabrera will not be operating a LIRR train nor be re-employed in any position connected with customers and delivery of train service," LIRR spokesman Salvatore Arena said Thursday in a statement.

SEE PHOTOSLIRR trains and commuters through the years

If the LIRR hires Cabrera, he would start in an entry-level position and accompanying salary, LIRR officials said. He would continue to contribute to his LIRR pension, but would not have seniority from his former job. Cabrera declined to comment Thursday.

Attorney William Keahon, who represented Cabrera in his criminal case, said he was "very happy" to hear that his client may land a job at the LIRR.

"In this economy, that's the most important thing," said Keahon, of Hauppauge. "He loved working with the railroad . . . It was a big part of this life."

Michael Quinn, general chairman of Division 269 of the Brotherhood of Locomotive Engineers and Trainmen, which represented Cabrera in his labor hearing, did not return calls for comment.

The July 2, 2009, incident led the LIRR to enact new measures to prevent unauthorized people into a train's control cab, including requiring engineers to wear identification badges and keep their doors closed.

Nassau District Attorney Kathleen Rice brought reckless endangerment charges against both Cabrera and Kutsch, saying their actions inside the train were "unimaginably reckless."

Rice declined to comment Thursday.

Cabrera received a sentence of community service and a $500 fine for his plea. A judge last year threw out charges against Kutsch, 50, of East Setauket, because of insufficient evidence.

Kutsch's lawyer, Marc Gann, of Mineola, said Thursday that he remains convinced that his client never had control of the train.

"As far as Mr. Cabrera's concerned, I think he paid a hefty price for what, perhaps, appeared to be a much more dangerous incident than it actually was," Gann said.