• 2 parts of the Agreement

  • Part I--Alternative Handling
  • Part II--Safety Participation

Part I--Alternative Handling

• Non-Punitive

• Recorded on OPS Testing Record (no entry on personal record)

  • Used only to determine future eligibility for Alternative Handling

• AH option should be included in investigation notice

• AH (Employee's option) similar to but not the same as SIAP (Carrier option)

• 7 types of rules violations excluded from Alternative Handling

  • Late reporting of a personal injury
  • Rule 1.5
  • Gross negligence (FRA "willful violation")
  • Rules violation causing serious injury or major property damage ($250K)
  • Rule 1.6 (Conduct)
  • EEO violation (sexual harassment et. al.)
  • Job abandonment (LOA)

• 3 Classes of "covered" rules violations

• Eligibility for AH determined by the class of a violation and past AH events

• AH should not be considered "Get out of jail free"

• A meaningful corrective action program should be developed

• Compensation for AH participants per the classroom training part of the 3/1/99 UTU 4 Part Agreement

  • 4 hours for participation lasting less than 4 hours
  • Minimum of a basic day for participation lasting more than 4 hours
  • Actual lost earnings if time is lost

Part II--Safety Participation

• Establishes at least one UTU Safety Coordinator position on each division

• Each location (UTU Local/LCA) has the option of participating in safety

• Safety participation divided into 2 parts (each part is separately optional)

  1. Safety Committees
  2. Risk Identification Process--AKA Work Practice Observation (WPO)

Safety Committees

• Carrier determines the number of UTU representatives on a committee

• The involved UTU Local/LCA determines who those representatives are

• Local/LCA may replace reps with 30 days written notice to the Carrier

• Safety Committee meets not less than quarterly

• Highest ranking Carrier officer at each location should attend Safety Committee meetings, but should not be allowed to dominate the agenda

• Committee acts as the oversight body of the local safety program

• All Committee decisions and recommendations are by consensus

Work Practice Observations

• Completely optional part of safety participation

• Needs an atmosphere of trust and credibility to exist

• Employees observe work practices, not people

• Observations are double blind (no identifying notations)

• Employee driven/administered/coordinated

  • Data gathered and assembled by employees
  • Corrective actions chosen by employees
  • Only end results (percent safe/unsafe) shared with the Carrier

• Should not be confused with supervisor conducted WPO's

• Local/LCA may withdraw with 10 days written notice