NTSB removed the union from the investigation after they tattled the engineer was asleep.
Via FoxNews:
The engineer operating a commuter train that derailed in New York City Sunday, killing four, caught himself nodding at the controls just before the fatal crash, a union official said Tuesday.
Engineer William Rockefeller “caught himself, but he caught himself too late,” said Anthony Bottalico, leader of the rail employees union, relating what he said Rockefeller told him.
Sources told The New York Post that Rockefeller was jolted back to reality only after a whistle went off warning him that he was going too fast.