May 3, 2001

Mr. Matthew K. Rose
President & Chief Operating Officer
Burlington Northern Santa Fe Railway
P. O. Box 961052
Fort Worth, TX 76161-0052

Dear Mr. Rose:

This is in reference to the April 30, 2001 "Safety in Operations Summit" meeting in Kansas City.

During that meeting one General Chairman commented that employees are confused and frustrated by the ever-increasing range of incidents that result in Level S discipline, and you responded by saying that punitive discipline on BNSF was down and was being replaced by more "coaching and counseling." I can't speak for the entire railroad, but my records indicate the following numbers of discipline cases appealed by this office:

1997 - 22 cases
1998 - 33 cases
1999 - 71 cases
2000 - 60 cases
2001 - 19 cases (first quarter only)

I don't think it is a coincidence that a significant number of these discipline cases are being overturned by Public Law Boards, and I don't think that my Committee is alone in this trend.

If your statistics indicate that less discipline is being assessed, and yet more discipline is being appealed and overturned, then perhaps local officers are not addressing these cases for fear of being criticized by their superiors. Some local officers are so confused about what is and is not "serious" and are so afraid of criticism that they simply issue a Level S regardless of the circumstances, and allow the case to run the gauntlet of the appeals process for resolution.

Please find attached a copy of Kansas Division Superintendent Curtright's Notice No. 181, advising that effective (ironically) April 30, 2001, "ANY HUMAN FACTOR RAIL INCIDENT WILL BE CONSIDERED SERIOUS AND WILL BE HANDLED IN ACCORDANCE WITH THE PEPA POLICY."

That doesn't sound like a move toward more coaching and counseling. What it means is that even a very minor incident can place an employee at direct risk of permanent dismissal. With any human factor rail incident falling into the Level S category along with the 7 deadly decisions, I have difficulty imagining what is not a "serious" offence.

This Notice will probably be rescinded by the time you receive this letter. While that is certainly commendable, it does little to alter the intimidating atmosphere created by supervisors who harbor this attitude toward discipline. This approach to discipline tends to elevate form over function. That is, employees become so focused on the minute details of how they do their job that they don't have their minds on the job itself.

The August 1, 2001 due date for recommendations from the executive safety committee established at the Kansas City meeting is still nearly three months away. Statistically, that means at least one more fatality on BNSF. I suggest that you take immediate, unilateral action to begin the "cultural change" you spoke of at that meeting by making it clear to your subordinates that Notices like this, and the attitudes behind such Notices, do not foster a safer environment.

Sincerely,



R. D. Kerley
General Chairman

RK