S.T.A.R.T.
In line with our mutual goals of fostering trust and cooperation, providing safe and efficient service to our customers and communities, and providing employees the opportunity to reach their full potential, NS, the UTU, and the BLE mutually pledge their support to the System Teamwork and Responsibility Training (START) policy. We realize that through proper training, continuing education, and an atmosphere of trust and cooperation, we can achieve our goal of improved safety and customer service.
General Program Outline
The new policy is designed to provide positive learning experiences, training, and employee growth opportunities in a cooperative environment.
The policy is effective January 1, 2000.
Rule infractions are divided into three categories: minor, serious, and major. Only for major offenses will employees be removed from service pending a formal hearing.
Although prior records will be taken into consideration in the handling of serious or major offenses, no offense that occurred prior to the effective date of this policy will be counted in determining the number of offenses occurring within a single 36-month period.
The policy is not intended to alter an employee’s right to request a formal hearing.
The policy is not intended to alter the application or enforcement of the Policy on Alcohol and Drugs or Rule G.
Employees will not be disciplined for failing to report an injury immediately, if, as soon as the injury manifests itself, the injury is reported. If the employee fails to report the injury as soon as it manifests itself, the situation will be handled as a serious offense.
Employees will not be subject to a formal disciplinary hearing for sustaining an injury. This does not preclude a fact finding hearing to determine the cause of the injury or accident. Rule violations resulting in injury will be handled under the START policy.
Minor Offense
Employees will not be subject to formal discipline for minor offenses unless the employee has three (3) such offenses in a single 36-month period in which case the third offense will be handled in the same manner as a serious offense.
Minor offenses will be subject to the alternative handling process. Within three days of the Company’s first knowledge of the event, the Company will set a date for the alternative handling conference. During this conference, the Local Chairman or the employee and the Division Superintendent or his designee will jointly utilize alternative handling such as training and education to correct mistakes, reinforce proper procedures and emphasize the importance of conforming to the safety and operating rules. Examples of the types of alternative handling that the Local Chairman or employee and the Division Superintendent or his designee may deem to be appropriate include, but are not limited to:
Providing additional on-the-job training; or
Providing other educational experiences that relate to the offense; or
Requiring the employee to conduct briefings with other employees relative to the incident and proper performance.
Serious Offense
An employee will be subject to no more than a 30-day deferred suspension for the first serious offense within any 36-month period. Within three days of the Company’s first knowledge of the event, a conference with the Division Superintendent or his designee and the Local Chairman or employee will be scheduled to explore alternative solutions.
An employee will be subject to no more than a 30-day actual suspension for a second serious offense occurring within 36 months of any other serious offense.
An employee will be subject to dismissal for a third serious offense within a 36-month period.
Formal discipline assessed for any serious offense may be converted to alternative handling, if the Division Superintendent, in consultation with the Local Chairman, deems it appropriate. Employees will be paid for one-half of the time they are engaged in activities such as training and education required by alternative handling.
Examples of serious offenses could include speeding, rule violations such as those resulting in revocation of locomotive engineer certificate under CFR 49 Part 240, and safety or operating rule violations that result in personal injury or property damage (where such damage meets or exceeds FRA’s monetary threshold for reporting).
Employees whose engineer’s certificate is revoked for a period that is longer than any discipline that may be imposed may exercise their seniority to another craft during the period of revocation.
Major Offenses
Major offenses are those that warrant removal from service pending a formal hearing and possible dismissal from service for a single such occurrence if proven guilty. Examples of such offenses include: altercation, theft, insubordination, Rule G, weapons on the property, excessive speeding, passing stop signals, major accidents, other acts of blatant disregard for the rights of employees or the Company, and acts that recklessly endanger the safety of employees or the public.
Oversight Committee
The committee will consist of the Department Head, a Labor Relations representative, and a representative from the Organization (s). The appropriate committee will meet as necessary and will review cases to ensure that each is given fair and consistent handling.
This policy may be modified as appropriate to address the demands of the business. The UTU, the BLE, and employees are encouraged to submit recommendations for improvements in the START policy.
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Last modified: May 25, 2000