CSX INTERMODAL TERMINALS, INC. DISCIPLINARY POLICY

Transcription

1 CSX INTERMODAL TERMINALS, INC. DISCIPLINARY POLICY Preface This policy supersedes and replaces the Individual Development & Personal Accountability Policy (IDPAP) and all prior policies relating to the handling of rule infractions, policy violations, incidents and conduct relating to Minor, Serious, and Major offenses as defined in the former IDPAP. Those offenses will be handled in accordance with this policy and the attached disciplinary schedules and list of major offenses. Purpose The professional development and well-being of all contract employees is a critical element in CSX Intermodal s (CSXI) continued success. The vast majority of employees do their jobs in a professional manner, day in and day out. All contract employees are valued members of the CSXI team and must be treated fairly and respectfully in accordance with labor agreements. This policy is designed to provide an opportunity to improve and develop by using an open, measured and fair process. CSXI s preference is to preserve the work relationship with its employees. This policy addresses the impact of discipline on the individual employee as well as the decrease in productivity and increase in the costs associated with a reduced workforce as a result of lengthy suspensions. CSXI intends to continue to provide a safe work environment in which all employees can experience meaningful work and contribute to the success of the team. Managers must provide fair and consistent treatment to all employees under their charge and should use alternatives to formal discipline wherever appropriate. Employee Responsibilities All CSXI employees are expected to be safe, conscientious, dependable and productive. In addition, all CSXI employees are expected to comply with all policies and rules while demonstrating a positive attitude in support of fellow employees, teamwork and CSXI objectives. General Guidelines Incidents that are defined as Minor offenses will be handled in accordance with procedures described in Part I of this policy. Serious and Major offenses will be handled in accordance with Parts II and III of this policy, respectively. However, the Company reserves the right to deviate from the policy s disciplinary steps as the circumstances and severity of a particular issue / incident may warrant. Imposition of all discipline results from a fair and impartial hearing that has been conducted under the terms of the applicable labor agreement where the employee is found at fault, or that a waiver was exercised where applicable. Additionally, an employee s entire record may be taken into consideration when assessing discipline. CSX Intermodal Terminals, Inc. Discipline Policy Page 1

2 With respect to the placement of current employees within the disciplinary process, an employee who has been assessed counseling or discipline for a Minor, Serious or Major offense within three (3) years of the effective date of this policy will be handled as indicated below: 1. Previous Minor Offense Violations Employee will be considered to have been counseled. The next violation of this category occurring within 36 months of the effective date of this policy will be handled according to Step Previous Serious Offense Violations Employee will automatically be assessed ten (10) points and considered to have been counseled. The next violation of this category occurring within 36 months of the effective date of this policy will be assessed based on the new accumulated point total. 3. Previous Major Offense Violations A violation of this category will subject the employee to removal from service and dismissal, regardless of the employee s past disciplinary record. However, an employee who is working under a Last Chance Agreement will continue to be governed by the terms of that agreement. Part I: Minor Offenses Minor Offense: Defined as a policy or rule violation that does not result in damage to equipment or property, and that are not otherwise identified as "Serious" or "Major" in Part II or III of this policy. Managers are encouraged to utilize remediation training based upon individual circumstances. The goal is to remedy the problem, prevent reoccurrence and provide the employee with the resources to improve in the future. This policy recognizes the fundamental importance of providing Terminal Management with discretion regarding how best to handle minor issues. The focus is on positive corrective action, not punishment. However, repeated violations of the rules may require more focused intervention and / or discipline with each succeeding offense. For repetitive cases, the Company may elect to conduct a formal hearing under the applicable collective bargaining agreement. Based on the findings of the hearing, appropriate discipline will be administered. Part II: Serious Offenses Serious Offense: Defined as including all policy or rule violations that result in damage to equipment or property. These offenses result from an employee s failure to identify, mitigate or eliminate hazards and/or unsafe behaviors. This policy is designed to provide a means by which early intervention and remediation can provide our employees the opportunity to address the root causes of failures resulting in damage (mishaps) and alter unsafe behaviors in an effort to prevent future errors. The handling of these failures reinforces the company s goal of creating a positive environment that promotes prevention and encourages employees to raise safety questions and concerns. Thus, in most cases, the policy avoids immediately subjecting employees to a disciplinary outcome that does not address the immediate problem, and which negatively impacts the effectiveness of our operation. CSX Intermodal Terminals, Inc. Discipline Policy Page 2

3 A. Policy/Rule Violations Resulting in Damage to Property The company recognizes that due to the severity of any given serious offense and/or a pattern of repeated failures during a rolling thirty-six (36) month period, the imposition of discipline may be appropriate. In determining the severity of the mishap for damage-related failures, the company will take into consideration, among other things, the extent of any damage incurred, the nature of the rule violation, and the circumstances surrounding the violation. In those instances where discipline is warranted, the employee will be subject to the Serious Offense disciplinary steps. Discharge may occur upon the accumulation of 28 or more points, or when an employee accumulates a combination of any four (4) mishaps within a rolling thirty-six (36) month period, whichever comes first. In any case, the company reserves the right to deviate from these disciplinary steps as the circumstances and severity of a particular mishap or incident may warrant. Other rule/policy violations not involving damage to equipment or property may also be considered a Serious Offense, depending on the circumstances involved. These violations will result in the assessment of seven (7) points and discipline will be handled according to the Serious Offense disciplinary progression listed on page 5. B. Personal Injury Handling There will be no formal hearings solely to investigate an individual's personal injury. Formal hearings may be held to address rule violations resulting in harm to persons. The Discipline Policy outlined herein sets forth the manner in which rules violations are to be addressed. An employee shall not be disciplined for an injury and an employee's injury record will not be considered in addressing the appropriate discipline for a rule violation. All personal injuries must be reported to the appropriate supervisor at the time of occurrence prior to leaving the property on the day of occurrence so that prompt medical treatment may be provided and unsafe conditions can be promptly addressed. (Exception: An employee departing the property to obtain urgent medical attention for a serious injury must report the injury to a supervisor as soon as practicable.) Failure to adhere to these reporting procedures will subject the employee to appropriate handling under the Disciplinary Policy, up to the level of a Major Offense. Part III: Major Offenses - Warranting Removal from Service Prior to Hearing Major Offense: Defined as a rule violation or offense so serious or egregious as to warrant removal from service prior to hearing and which may result in dismissal. For such Major offenses, the employee will be immediately removed from service prior to a fair and impartial hearing held pursuant to the terms of the applicable labor agreement, following which the individual may be dismissed from service if found at fault as a result of the investigation. Examples of conduct which warrant removal from service and may result in dismissal include, but are not limited to, the offenses listed in the disciplinary schedule for Major Offenses. CSX Intermodal Terminals, Inc. Discipline Policy Page 3

4 Minor Offenses Definition All policy or rule violations that do not result in damage to equipment or property, and that are not otherwise identified as "Serious" or "Major" Step 1: Counseling Step 2: 2 day suspension Step 3: 4 day suspension Step 4: Up to Discharge Measurement Period Three (3) year rolling period CSX Intermodal Terminals, Inc. Discipline Policy Page 4

5 Serious Offenses Definition All policy or rule violations that result in damage to equipment or property. Category #1 Policy/Rule violations resulting in damage to equipment or property Class Damage Point Value A $200K 30 Point Assessment B $25K - <$200K 15 C $1K - <$25K 7 D <$1K 4 Category #2 Other policy/rule violations not involving damage can be considered Serious Offenses due to the particular circumstances of the failure Point Value 7 Accumulated Points <10 Counseling w/ Remediation Training: Appropriate training course conducted in accordance with the guidelines set forth in the Safety Standard Operating Procedures manual day suspension day suspension > 28* Up to discharge* *Discharge will also apply when an employee accumulates a combination of any four (4) serious offenses within a rolling 36-month period. Measurement Period Three (3) year rolling period CSX Intermodal Terminals, Inc. Discipline Policy Page 5

6 Major Offenses Certain major offenses and other conduct which warrant removal from service pending investigation; and which may result in termination, include, but are not limited to: Definition 1. Willful disregard of the rights of the Company or other employees. (e.g. assault, dishonesty, theft, etc.) 2. Insubordination 3. Violation of the Company s Violence in the Workplace policy 4. Violation of the Company s Drug/Alcohol policy 5. Violation of the Company s Blue Flag policy 6. Severity Code 1 hitch failures 7. Violation of the Company s Unlawful Harassment policy 8. Abusive or unprofessional conduct toward customers/vendors or conduct undermining customer/vendor confidence in the Company 9. Falsification of Company-related documents 10. Sleeping/assuming the position of sleep while on duty 11. Rule violations/failures resulting in a derailment 12. Failure to report an accident/injury, as well as late reporting of an accident/injury 13. All other offenses that warrant removal from service pending investigation and dismissal if proven guilty Removal from service - up to dismissal CSX Intermodal Terminals, Inc. Discipline Policy Page 6