April 5, 2002

Local Chairpersons GO-001
United Transportation Union
Burlington Northern Santa Fe

Re: Alternative Handling

Dear Brothers and Sisters:

Since our signing of the Alternative Handling/Safety Participation Agreement on February 20, 2002, we have received several positive reports of the use of Alternative Handling in lieu of punitive discipline. However, as with anything new or different, there have also been some isolated cases where we had to get involved to insure that the Agreement was properly applied. The purpose of this correspondence is to provide some guidelines for application of Alternative Handling, and to solicit your input as to how this process can be improved. The following Questions and Answers may help in understanding this process:

What is Alternative Handling?

First, let me say what Alternative Handling is not. It is not alternative discipline, it is not a "get out of jail free" card, and it is not a way to embarrass or humiliate an employee who makes a mistake. In fact, if our members approach Alternative Handling with any of those misconceptions in mind, all they will do is exhaust their eligibility for Alternative Handling, and then we will be right back to business as usual. Our members will continue being fired or injured with no real effort to identify the root cause of an accident or injury or rule violation, and no realistic expectation that the same thing won't happen again.

Alternative Handling is intended to allow an employee who would otherwise be subject to discipline to elect instead to help identify why an incident occurred, and how to prevent it from happening again. The goal here is to eliminate the threat of discipline and focus solely on how to make the railroad a safer place to work. An employee who elects Alternative Handling is paid to participate in a meaningful analysis of the event, and in a training process that will insure that everything possible has been done to avoid a repeat of the incident by himself or his co-workers. That's why Alternative Handling was coupled with Safety Participation. These two concepts must go hand in hand if we are to end the practice of punitive discipline in our industry. That traditional approach is based on the centuries-old pattern of military court-martial and, in my opinion, has conclusively proven itself to be completely useless in improving safety or protecting our members from injury.

Is Alternative Handling mandatory?

Absolutely not. Alternative Handling is completely optional for any employee. It would be a waste of time and effort to force any employee to participate in this process against his will. Alternative Handling only works when an employee is actively involved by his own choice.

How is eligibility for Alternative Handling determined?

There are two considerations for eligibility:

Not all incidents are subject to Alternative Handling at this time. If this new concept is successful, there is no reason why other types of rules violations should not eventually be included. But for now, seven specific items are identified in the Agreement as being exempt from Alternative Handling. All other violations are considered "covered" incidents, provided the employee himself is eligible.

In calculating a particular employee's eligibility, previous discipline records prior to February 20, 2002 are irrelevant. Even if an employee has a previous "Level S" discipline entry, and even if the current event might have fit that "Level S" category under the Carrier's old Discipline Policy, Alternative Handling is still available. That's because the employee's eligibility for Alternative Handling is based solely on past Alternative Handling and rules violations subsequent to February 20, 2002. The Agreement spells out how the accumulation of multiple Alternative Handling events may eventually lead to disqualification for that option in the future.

How does one request Alternative Handling?

Whenever possible, the Carrier should include information regarding the Alternative Handling option in a notice to appear for investigation. The Carrier may contact an employee prior to serving an investigation notice to provide basic information regarding the alleged rule violation and the Alternative Handling option. In either case, the employee should promptly discuss the matter with his Local Chairman and may opt for Alternative Handling provided the event is covered and the employee is eligible. At that point, the time limits for normal handling under the disciplinary process are suspended pending completion of Alternative Handling.

I hope this basic information is helpful. If you have additional questions, or if you need assistance in this process, don't hesitate to contact us.

Fraternally,

R. D. Kerley
General Chairman

RK

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