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Title 130 | home
Editors Note: START is a Norfolk Southern discipline policy. It is not a collective bargaining agreement. This policy has been distributed by NS as reprints from presentation sheets. It has not been offered in an orderly and easy to grasp format. The following is an attempt at trying to present that policy in a less confusing manner while adhering to the actual language of their policy.
S T A R T
System Teamwork And Responsibility Training
Oversight Committee
The Committee will meet as necessary and will review cases to ensure that each is given fair and consistent handling
START Goals
 Enhance ability to provide safe, reliable and efficient serviceFoster an atmosphere of mutual trust and respectHelp employees reach their full potentialWhy It Came About
Desire to find a better way to handle disciplineCooperation rather than confrontationTraining more effective than punishmentSTART will not affect the application or enforcement of the Policy on Alcohol and Drugs or Rule G
Only offenses occurring on or after January 1, 2000 will be considered.
Employees always have the right to request a formal hearing.
Alternative Handling
Examples:
Provide additional on-the-job trainingProvide other educational experiences that relate to the offenseRequire the employee to conduct briefings with other employees relevant to the incident and proper performanceYou are not limited to these examplesHow It Works:
Schedule Alternative Handling conference within 3 days of first knowledgeQ. What if Alternative Handling is not initiated within 3 days?
A. Minor offenses will not be handled, and serious offenses may still be handled within the
time limits of the appropriate Collective Bargaining Agreement.
Local Chairman and/or employee will meet with Division Superintendent or other Company representative to initiate Alternative Handling.Conference Goals:
Understand what happenedFind ways to prevent recurrence (rather than punish mistakes)When Alternative Handling Is Used:
All minor offensesSerious offenses when the Superintendent (in consultation with the Local Chairman) deems it appropriateNEVER FOR MAJOR OFFENSESRecord Keeping:
Confirm agreed to handling in letter to the employeeNote employee file with "START Handling", rule violated and the date of the occurrenceQ. Is an employee admitting responsibility for a minor or serious incident when Alternative
Handling is used?
A. Yes
3 Levels of Offenses
I Minor
II Serious
III Major
Q. Is anyone going to put out a chart with the offense listed and the category it falls into?
A. No, each situation must be handled on a case by case basis
Q. Who should Supervisors and Local Chairmen call if there is a question on where the
charged offense fits into the policy?
A. They should make every effort to reach agreement. If they are unable to do so, they
should pass the matter to the General Chairman and General Manager.
I Minor Offenses
No formal hearing for minor offenses unless employee requestsInstead, handle with training and education (Alternative Handling)The third minor offense and each minor offense thereafter within any 36 month period will be treated as a serious offense36 months begins with the date of the offenseExample: Date: Treated as:
1. minor offense 1/1/00 1st minor
2. minor offense 10/1/01 2nd minor
3. minor offense 10/1/02 1st serious
(This was 3rd minor offense within 36 period which began on 1/1/00 and
goes to 1/1/03)
4. minor offense 11/1/04 1st minor
(The 36 month period for minor offense No. 2, dated 10/1/01 ended on 10/1/04, one
month before this offense. Minor offense No. 3 was treated as a serious offense,
which makes No. 4 a1st minor offense)
5. minor offense 9/1/05 2nd minor
(This was 2nd minor offense in 36 month period which began on 11/1/040)
Example: Date: Treated as:
1. minor offense 1/1/00 1st minor
2. serious offense 6/1/00 1st serious
3. serious offense 1/1/02 2nd serious
4. minor offense 9/1/02 2nd minor
(occurred within 36 months of 1st minor offense of 1/1/00. On 1/1/03, this offense becomes 1st
minor offense and starts a new 36 month period for minor offenses)
5. minor offense 6/1/05 2nd minor
(occurred within 36 months of minor offense of 9/1/02 - remember, the offense
of 9/1/02 changed from a 2nd minor to a 1st minor on 1/1/03 when the 36
month period for the minor offense dated 1/1/00 expired)
Q. Will I be taken out of service for violation of GR Rules?
A. No, but...
(That is how NS wrote it. What does it mean? I guess you had better call someone)
Q. Would a minor offense activate deferred time?
A. No
Missed Calls - handled separately as a minor offenseII Serious Offenses
Examples:
Safety or Operating Rules violations that result in:
property damage exceeding the FRA threshold for reporting (currently $6600)personal injuryspeeding (note: Excessive speeding is a major offense)improper brake testoccupying main track without authoritytampering with safety devicesDiscipline: (Within rolling 36 month period)
1st offense maximum 30 days deferred
2nd offense maximum 30 days actual
3rd offense maximum dismissal
Formal discipline may be converted to Alternative Handling if deemed appropriate by the superintendent
Employees will be paid for 1/2 the time that they are engaged in Alternative Handling for a serious offenseExamples:
An employee is provided 8 hours of on-the-job training for a serious offense and receives 4 hours pay
An employee is provided 4 days of on-the-job training for a serious offense and receives 2 days pay
Q. Can I mark off for Alternative Handling?
A. Individual circumstances will dictate
III Major Offenses
Alternative Handling will not be used for major offenses
Defined:
Offenses that warrant removal from service pending a formal hearing, and possible dismissal from service for a single occurrence if proven guilty
Examples:
Major accidentsQ. What is considered a major accident?
A. An accident that causes significant disruption to service or a significant threat to the
safety of employees, the public or the environment
Acts of blatant disregard for the rights of employees or the CompanyActs that recklessly endanger the safety of employees or the publicAltercationTheftInsubordinationRule G violationsWeapons possession on propertyPassing a stop signalQ. Are banners to be treated as stop signals under this policy?
A. Yes
Falsification of a personal injury Excessive speedIf limit is: Excessive speed is:
5 -20 25% (2-5 mph)
21-35 15% (3-5 mph)
36-50 10% (4-5 mph)
> 50 5% of the maximum
Engineer Revocation
A decertified engineer may exercise his seniority to ground service during the period of revocation
Q. How is off duty/off property misconduct to be handled?
A. In the same manner it is handled today
Q. How does START effect absenteeism guidelines?
A. The guidelines are not changed
1. Counseling Session confirmed by Letter of Warning
2. Letter of Reprimand
3. 15 days deferred
4. 30 days deferred
5. Dismissal
Q. Since GR Rules (GR-14 & GR-14) endanger the safety of the employee involved,
shouldn't they be handled as a major offense?
A. No, they would be handled as a minor or serious offense depending on circumstances
Q. How is Alternative handling treated for the purposes of the Hours of Service Law?
A. Generally, it would be considered CO-mingled service
(my note: Same as attending rules class, need rest before and after)
Q. How are multiple violations detected during a rules check handled?
A. They should be treated as a single violation
Injury Handling
No disciplinary hearings for sustaining injuriesMay conduct fact finding inquiry to determine cause of injuryRule violations resulting in injury will be handled under STARTAn employee will NOT be disciplined for failing to report an injury provided:
Injury is reported as soon as it manifests itself
Failure to report an injury is a Serious Offense
Q. When does an injury manifest itself?
A. When it becomes evident to the employee
Q. Is falsification of a personal injury a serious or major offense?
A. Major
- providing false and/or conflicting statements must be judged on the materiality of the
false and/or misleading information
Remember: Employees always have the right to request a formal hearing
and the rolling 36 month period for offenses
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