source: MBTA --- from story: MBTA investigators have ruled out equipment failure as the cause of Thursday’s Green Line crash that sent 37 people to area hospitals with minor injuries, scrutinizing the operator whose trolley slammed into another train at Boylston Street Stationcq, officials said Friday
MBTA investigators ruled out equipment failure as the cause of the Boylston Street Green Line crash that sent 37 people to area hospitals with minor injuries in 2012.
MBTA

The same arbitrator who reinstated an MBTA trolley driver after he was fired in 2010 and was later involved in a D-line derailment earlier this month has denied a request to reinstate another driver involved in a crash at the Boylston Street station in 2012.

Boston Magazine reports:

Last week, the operator's case went before an arbitrator in an attempt to get reinstated working with the T. But his request -- backed by Carmen's Union Local 589 -- was denied by the arbitrator. Under collective bargaining agreements between the union and the T, disciplined employees are entitled to an appeals process. "The MBTA had sufficient cause to discharge [the employee]," an arbitrator ruled, siding with the MBTA's decision to terminate their relationship with the worker.

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In documents obtained by Boston Magazine, it was found that the arbitrator who ruled in the 2012 case is the same arbitrator who allowed Sydley Gardner, the driver involved in the Green Line derailment earlier this March, to return to his job with the MBTA.

Gardner has since been fired from his post for a second time.