THE EXECUTIVE SAFETY COMMITTEE WAS ESTABLISHED BY BURLINGTON NORTHERN SANTA FE RAILROAD PRESIDENT AND CHIEF EXECUTIVE OFFICER MATTHEW K. ROSE, BROTHERHOOD OF LOCOMOTIVE ENGINEERS PRESIDENT EDWARD DUBROSKI, AND UNITED TRANSPORTATION UNION PRESIDENT B. A. BOYD, JR. TO RECOMMEND A STRATEGY FOR BNSF AND ITS BLE/UTU REPRESENTED OPERATING EMPLOYEES THAT EMPHASIZED SAFETY.

THE COMMITTEE INITIALLY FINDS THAT IT WILL BE NECESSARY TO CHALLENGE AND CHANGE THE UNDERLYING CONCEPTS ASSOCIATED WITH TRADITIONAL EMPLOYEE-MANAGEMENT RELATIONSHIPS IN THE RAILROAD WORKPLACE.

AS A BASIC PREMISE, THE CUSTOMARY ROLES OF A MANAGER AND EMPLOYEE IN THE RAILROAD INDUSTRIAL SETTING WERE DEFINED DURING THE LATTER HALF OF THE NINETEENTH CENTURY. AS SUCH, THEY REMAIN BASICALLY ADVERSARIAL IN NATURE AND REQUIRE MODERNIZATION TO FUNCTION EFFICIENTLY IN TODAY'S INDUSTRIAL SOCIETY. THE COMMITTEE BELIEVES THE FOLLOWING APPROACH WILL SERVE TO PROTECT THE INTERESTS OF THE PARTIES AND WORK TO PRODUCE THE DESIRED RESULTS.

THE PARTIES SHOULD IMMEDIATELY ENDEAVOR TO ESTABLISH AN ALTERNATIVE PROCESS OR PROCESSES TO IMPROVE KEY ASPECTS OF THE WORKPLACE ENVIRONMENT AT BNSF. IN OUR OPINION, THE SUBJECTS OF FOCUS SHOULD INITIALLY RELATE TO INJURY PREVENTION, ACCIDENT PREVENTION, AND DISCIPLINE PRACTICES. A NUMBER OF FACTORS SUCH AS STAFFING, TRAINING, WORK/REST SCHEDULING, ATTENDANCE REQUIREMENTS, RULES AND OPERATING PRACTICES, ETC. MAY HAVE A BEARING ON SAFETY IN GENERAL AND THE INCIDENCE OF CERTAIN HUMAN FACTOR FAILURES IN PARTICULAR. IT IS THEREFORE ADVISABLE THAT THE PARTIES COMMIT TO REEXAMINE THEIR VARIOUS POLICIES AND AGREEMENTS, DURING THE COURSE OF THE PROCESS IN ORDER TO ACCOMPLISH THEIR GOALS.

THE PROCESS SHOULD PROVIDE FOR CONTINUOUS IMPROVEMENT IN ALL ASPECTS OF THE BNSF/BLE/UTU EMPLOYMENT EXPERIENCE AND THE PARTIES SHOULD BE AT LIBERTY TO ADDRESS OTHER AREAS SUCH AS, BUT NOT LIMITED TO, SIMPLIFICATION OF THE OPERATING RULES, DEVELOPMENT OF TESTING PROCEDURES, RECURRENT TRAINING REQUIREMENTS, ETC.

CHANGING THE WORKPLACE AT BNSF WILL, IN OUR OPINION, REQUIRE THE DEVELOPMENT, IMPLEMENTATION AND ADMINISTRATION OF NEW RULES, AGREEMENTS, AND POLICIES THAT CAN IMPROVE BOTH OPERATIONS AND WORKING CONDITIONS FROM A SAFETY PERSPECTIVE. IN ORDER TO ACCOMPLISH THE DESIRED CHANGE, THERE MUST BE A GENUINE COMMITMENT ON THE PART OF PARTICIPATING PARTIES TO MODERNIZE THEIR RELATIONSHIP. THE FOUNDATION AND STRUCTURING OF THIS PROCESS ARE INTENDED TO BE A JOINT LABOR/MANAGEMENT EFFORT, AND EACH GENERAL COMMITTEE SHOULD RETAIN THE DISCRETION TO DECIDE WHETHER OR NOT TO PARTICIPATE.

THE CARRIER AND UNIONS SHOULD JOINTLY ENDEAVOR TO ELIMINATE TRADITIONAL WORKPLACE HAZARDS. RESULTS OF THIS PROCESS SHOULD BE EVIDENCED BY IMPROVEMENT DETERMINED BY MUTUALLY RECOGNIZED MEASUREMENT CRITERIA AS DEFINED BY THESE PARTIES. BECAUSE THE CARRIER AND THE UNIONS HAVE AN EQUIVALENT NEED, AND WILL DERIVE SUBSTANTIAL BENEFITS FROM THE ELIMINATION OF FUTURE RISKS, INCLUDING THOSE ASSOCIATED WITH THE USE OF DEVELOPING TECHNOLOGIES, THEY SHOULD MUTUALLY ANTICIPATE AND DEVELOP PROCESSES AND PRACTICES TO DEAL WITH SUCH ISSUES IN A PROACTIVE RATHER THAN REACTIVE MANNER.

THE PROCESS WE RECOMMEND CALLS FOR THE ESTABLISHMENT OF UTU AND BLE DIVISIONAL SAFETY REPRESENTATIVES EMPOWERED TO ENTER THE WORKPLACE FOR THE PURPOSE OF MAKING INSPECTIONS TO ENSURE THAT THE HAZARD ELIMINATION PROCESS IS IN FUNCTIONAL ORDER AND THAT SAFE WORK PRACTICES ARE CONSISTENTLY EMPLOYED. THE SAFETY REPRESENTATIVES WILL NOT PERFORM OR PARTICIPATE IN EFFICIENCY TESTING OR BE USED AS WITNESSES IN ANY FORMAL DISCIPLINE INVESTIGATION PROCESS.

WE FURTHER RECOMMEND THE ESTABLISHMENT OF MORE LOCALIZED SAFETY FORUMS WHICH SHOULD FOCUS PRIMARILY ON PROCESSES AND WORK PRACTICES RATHER THAN PERPETUATING THE COMPLAINT AND REPORTING ROUTINE TRADITIONALLY ASSOCIATED WITH CARRIER/UNION SAFETY COMMITTEE AGENDAS. ENVIRONMENTAL SAFETY HAZARDS SHOULD BE CORRECTED OR PROTECTED IMMEDIATELY UPON DISCOVERY, AND SHOULD NOT AWAIT CORRECTION DUE TO A PROCESS THAT REQUIRES MULTI-LEVEL REPORTING AND CATALOGING. REPORTED FAILURES ON THE PART OF INDIVISUALS RESPONSIBLE FOR CORRECTING DEFICIENCIES SHOULD BE ADDRESSED BY THE SAFETY FORUM AND A PLAN DEVELOPED TO AVOID REOCCURRENCES IN the FUTURE.

IT IS A FUNDAMENTAL PREMISE OF THIS EFFORT, AND THE PARTIES RECOGNIZE, THAT THE VAST MAJORITY OF EMPLOYEES CONDUCT THEMSELVES IN A MANNER CONSISTENT WITH ESTABLISHED AGREEMENTS, POLICIES, AND OTHER RULES AS EVIDENCED BY THEIR WORK HISTORIES. ON THIS BASIS, WE RECOGNIZE THE VALUE OF AND RECOMMEND STRUCTURING AN ALTERNATIVE DISCIPLINE PROCESS TO INSURE THAT EMPLOYEES WILL HAVE THE RIGHT TO REQUEST THE INVOLVEMENT OF THE UNION IN DEVELOPING A NON-PUNITIVE REMEDY TO PROBLEMS OF A NON-REPETITIVE AND NON-SERIOUS NATURE.

WE RECOMMEND THAT THE DISCIPLINE PROCESS BE REEXAMINED AND RESTRUCTURED TO PROVIDE ASSISTANCE, EDUCATION AND RE-TRAINING AS AN ALTERNATIVE TO THE EXISTING DICIPLINE PROCESS.

THE POLICY OF APPLYING THE DISCIPLINE PROCESS TO EMPLOYEES WHO WERE INJURED IN THE SERVCE OF THE CARRIER SHOULD BE LIMITED TO CIRCUMSTANCES WHERE FRAUD MAY BE AN ISSUE OR WHEN NON-PUNITIVE CORRECTIVE MEASURES HAVE FAILED. WE ALSO RECOMMEND THAT THE DISCIPLINE POLICY BE REDEFINED FOR PURPOSES OF PROTECTING EMPLOYEES FROM HARASSMENT AND INTIMIDATION.

WE FURTHER RECOGNIZE THAT AGREEMENTS WILL BE NECESSARY TO BIND THE PARTIES TO THEIR COMMITMENTS. THE VARIOUS GENERAL CHAIRMEN, WITH JURISDICTION OVER LOCAL AND SYSTEM AGREEMENTS, MUST HAVE AN OPPORTUNITY TO DEVELOP AND INCORPORATE RULES INTO THEIR AGREEMENTS PRESCRIBING THE CONDITIONS FOR SELECTION AND PARTICIPATION OF FULL-TIME, PART-TIME, OR VOLUNTARY POSITIONS DERIVED FROM SUCH ARRANGEMENTS.

THE FOCUS OF THIS PROCESS-DRIVEN APPROACH TO ENGINEERING SOLUTIONS DIRECTED TOWARDS IMPROVING SAFETY WAS THE PRIMARY SUBJECT OF OUR DIRECTIVE FROM THE PRINCIPALS AND PARTICIPANTS AT THE KANSAS CITY SAFETY SUMMIT. WE RECOGNIZED AT THE KANSAS CITY MEETING THAT THERE ARE OTHER PRESSING WORKPLACE ISSUES REQUIREING PROMPT ATTENTION AND, THEREFORE, RECOMMEND THAT THE PARTIES NOT BE RESTRICTED FROM INTRODUCING OTHER TOPICS AT THE GENERAL CHAIRMAN LEVEL.

OUR FINAL RECOMMENDATION IS THAT ALL PARTIES ASSIGN AN EXECUTIVE LEVEL OFFICER TO ASSIST THE PARTICIPATING GENERAL CHAIRMEN AND THE CARRIER WITH THE DEVELOPMENT OR MODIFICATION OF RULES, AGREEMENTS, POLICIES, ETC. WHICH THEY MAY DETERMINE ARE APPROPRIATE TO MEET THESE OBJECTIVES.