This is to help clear up some apparent confusion as to the application of the Alternative Handling option available to BNSF employees under the jurisdiction of this General Committee.

Alternative Handling is a proactive, educational approach to handling rules violations that replaces the traditional, punitive discipline process in qualifying circumstances. Alternative Handling is never mandatory, but is available solely at the employee's choice when a qualifying rules violation occurs that would otherwise result in discipline. When Alternative Handling is elected, no discipline is assessed and no entry is made on the employee's personal record file. A separate record is made of the Alternative Handling only in order to determine future eligibility. See our letter of April 5, 2002 for more information on the administrative procedures for Alternative Handling.

Alternative Handling should not be confused with a Waiver of formal investigation under the controlling Uniform Investigation rule, or with the Safety Incident Analysis Process (SIAP) which is still being used very effectively on some divisions. Here is a brief description of the possible options that may be available in various situations:

SIAP – This is a "no fault – no blame" process that focuses on identifying root causes for an accident or incident that does not normally involve charges of rules violations. Officers, employees and representatives participate in an open analysis of the incident and its causes and develop countermeasures intended to educate and train all concerned in order to prevent similar incidents in the future. SIAP is currently a creature of management policy (not the result of collective bargaining), and as such it is unfortunately not used at all by some supervisors. On the up side, where SIAP is used effectively we have seen instances where the disciplinary process or Alternative Handling was initiated, and then in the course of investigating the facts it was determined that no rules violation occurred and SIAP was applied instead.

Alternative Handling – This is an option in cases where a rules violation occurs and discipline is appropriate, but the employee elects instead to take responsibility for the incident and actively participate in a countermeasures program designed to educate and raise awareness of the particular rule involved. The employee is compensated for participation in Alternative Handling and there is no entry on his personal record.

Waiver of Investigation – Under our Uniform Investigation Rule an employee has the right in all cases (whether or not Alternative Handling is available) to meet with his representative and a Carrier officer prior to investigation to discuss the charges and determine if the parties can reach a resolution as to the discipline to be assessed. If a disposition of the charges is reached, it is reduced to writing specifying the discipline to be assessed and the employee's acceptance of responsibility, and an entry is made on the employee's personal record file.

Formal Investigation – In this traditional process the Carrier brings formal charges and is responsible to conduct a formal investigation under procedures specified in the Uniform Investigation Rule. The Carrier must meet the burden of proving the charges based on reasonable standards of evidence. Any discipline assessed is subject to appeal and, where appropriate, binding arbitration.

Employees should discuss these options with their representative in order to determine the appropriate alternative in a particular case.