Hi-Viz Attendance Policy – SYS GN 238

Below is the Hi-Viz Attendance program, please be aware that the carrier can change the attendance program at any time. Please keep your general notices up-to-date. If you have any questions, please don’t hesitate to contact a local chairman.

Please Note: There has been a lot of discussion about HI-VIZ with the unions and the carrier, please check the HI-VIZ topic list for more information.

                              January 31, 2022
BNSF Railway Co.
ALL DIVISIONS

                            SYSTEM GENERAL NOTICE NO. 238

TO ALL CONCERNED,

SUBJECT: Hi-Viz Attendance Program

BNSF System General Notice Nos. 46, 156, 208 and 223 are canceled:

*************************************************************************
Effective: February 1, 2022
New Hi-Viz Attendance Program is placed into service and replaces
information previously contained in the following System General Notices:
 - TY&E Failure to Take Notification
 - TYE Earned Rest
 - Guidelines for TYE and Yardmaster Attendance
 - TY&E Time Off
*************************************************************************

BNSF Hi-Viz Guidelines for TYE and Yardmasters

Hi-Viz Guidelines is a tally system that:
   * Sets a clear standard for full-time employment.
   * Allows employees to easily, accurately and contemporaneously
     determine where they stand in comparison to BNSF's attendance
     standard.
   * Provides employees with an opportunity to improve their standing
     through regular/steady attendance.

1. Assessment of Points
   Subject to the Point Schedule below, employees begin with 30 points
   and points are deducted for various incidents of non-attendance
   including both full and/or partial day absences.

   a) Point deductions are determined based on the type of service the
      employee is in at the time of the unavailable event.
   b) Unavailable time is associated with the day the event began.
   c) Unavailable time is measured in 24-hour increments.
   d) High Impact Day (HID) point values apply if:
      * For unassigned service: The unavailable event occurs on the
        day of the HID, or the unavailable event occurs prior to the HID
        and employee is not marked up by 0600 on the HID.
      * For assigned service: The employee misses their assigned shift on
        the HID. If the assigned service does not include specific start
        times then HID applies if the unavailable event occurs on the
        day of the HID, or the unavailable event occurs prior to the HID
        and employee is not marked up by 0600 on the HID.
   e) Any unavailable event that immediately (not separated by a work
      event) precedes or follows a VAC, PLD, UNB, SRS, FML, CLD event
      will be charged an additional 2 points for Unassigned Service and
      an additional 3 points for Assigned Service regardless of day
      of week. This is referred to as a Conjunction Penalty.
      * EMC/LOC/NOS are the exception; they will continue to be charged
        according to Point Schedule
   f) Handling results each time the employee exhausts their points.
   g) Each employee has electronic access to their point record.
      * Any addition or deduction in points is reflected in this record.


   Point Schedule
   ----------------------------------------------------------------------
   |                     |    Unassigned Service     | Assigned Service |
   |                     |---------------------------|------------------|
   |      Incident       |       Point Value         |    Point Value   |
   |                     |---------------------------|------------------|
   |                     | M-TH  | FR-SA |  SU | HID |  MO-SU  |  HID   |
   |---------------------|-------|-------|-----|-----|---------|--------|
   |  Unavailable Event  |   -2  |   -4  |  -3 |  -7 |    -7   |  -10   |
   |---------------------|-------|-------|-----|-----|---------|--------|
   | EMC (Missed Call) / |       |       |     |     |         |        |
   | LOC (Layoff on Call)|  -15  |  -15  | -15 | -20 |   -15   |  -20   |
   |---------------------|-------|-------|-----|-----|---------|--------|
   |    NOS (No Show)    |  -20  |  -20  | -20 | -25 |   -20   |  -25   |
   ----------------------------------------------------------------------
   Unavailable Events include: LOS (Sick), LOP (Personal Business),
   SIF (Sickness in Family), FEM (Family Emergency), LOF (Fatigue),
   LXU (Failure to take Notification), LFT (Failure to Tie Up),
   LOA (Layoff Active Board/Away Terminal or After Start of Shift),
   LOD (Layoff Dressed & Ready to Work)

2. Good Attendance Credits
   a) An employee is awarded a Good Attendance Credit (worth 4 points)
      for any 14-day period they are marked up and available to work
      without an unavailable event and in which they are not otherwise
      absent from work.

        Example: An employee remains available between March 1 and
        March 14, they will receive a Good Attendance Credit on March 15.
        If they continue to remain available between March 15 through
        March 28, they would earn another credit on March 29.

   b) Good Attendance Credits are earned for any 14-day period if the
      employee:
       i.  Has no Unavailable events, NOS, EMC, or LOC.
      ii.  Has not otherwise been absent for any reason, apart from the
           paid leaves listed below:
             - Training/Rules (CBT/RUL/LAH/ERC/DRT/CRN)
             - LET (Engineer Training)
             - LIT (working lite Duty)
             - Company business (LCB)
             - Layoff for jury duty (LOJ)
             - Death in family (DIF)
             - CIR (Critical incident report)
             - Military Leave/NGD with supporting LES/ orders
      iii. Has no absences/leave other than those listed in 2.b.ii
           (e.g. does not have DIF, FML/PFM, FUR, LAM, LOJ, MED, MEV,
           LOI, HFS, LAB, R79, PLD, SUA/SUT, UNB, VAC, etc.).
      iv.  Has no bump board time > 2 hours after taking notification.
   c) An employee's point total cannot be greater than 30.

3. Discipline (10-day, 20-day and Dismissal)
   a) When an employee exhausts their points (balance reaches or falls
      below zero), they are subject to discipline.
   b) Each time an employee exhausts their points, their point total
      will be reset at 15.
   c) The following discipline matrix applies when an employee violates
      Hi-Viz. The first Hi-Viz infraction will result in a 10-day
      suspension with a 12-month review period. A second Hi-Viz
      infraction will result in a 20-day suspension with a 24-month
      review period. Finally, if an employee has a third Hi-Viz
      infraction, they are subject to dismissal. If an employee remains
      Hi-Viz discipline free during their review period, then their
      Hi-Viz progression is reset.

      -----------------------------------------------------------
      | Hi-Viz Guideline Record |            Result             |
      |-------------------------|-------------------------------|
      |    First infraction     |      10-day suspension        |
      |-------------------------|-------------------------------|
      |   Second infraction     |      20-day suspension        |
      |-------------------------|-------------------------------|
      |    Third infraction     |   Employee may be dismissed   |
      -----------------------------------------------------------

   d) In accordance with BNSF's Policy for Employee Performance
      Accountability, where the Hi-Viz Guidelines provide for an
      imposition of a Suspension, a supervisor has the discretion to
      impose an Actual or Record Suspension.
   e) In addition to the discipline matrix above, dismissal may occur
      if an employee has either (1) two active Hi-Viz Guidelines
      violations and an active Level S violation, or (2) five rule
      violations of any kind in a 12-month period (which may include any
      combination of Standard, Serious and Hi-Viz Guidelines violations).
   f) Maintaining a positive point balance does not preclude the
      company from challenging an employee's full-time status requirement
      based on another reasonable standard.
   g) Maintaining a positive point balance does not preclude the company
      from challenging an employee's full-time status requirement based
      on another reasonable standard.

4. Initial Placement in Discipline Process
   Employees with active discipline for BNSF Attendance Guidelines at
   the time of the cut-over to the new Hi-Viz Guidelines will be
   considered to have already received the equivalent Discipline Step.
   Hi-Viz Guidelines are not intended to assess points for use of any
   legally protected leaves such as FMLA (Family and Medical Leave
   Act) or other leave of absences that are properly certified and/or
   documented. But as noted above, there are only 6 types of absence
   that allow for the good attendance credit referenced in Section 2
   above.

   BNSF leadership should consider all relevant information when using
   the Guidelines. In every case, they should apply the Guidelines
   with consistency and common sense.

   NOTE: Being unaware of your point total is not an excuse for
   exhausting your points.


TYE Time Off
*************************************************************************
Table of Contents
  A. Laying Off on Call
  B. Emergency Lay Off
  C. Bereavement Leave and DIF Layoff Codes
  D. Pre-Approved Lay Off System
  E. Lay Off Process for Military Personnel
  F. Jury Duty
  G. Lay Off Fatigue
  H. Lay Off/Mark Up for Outlying Assignments
  I. High-Impact Days
  J. Failure to Take Notification

=========================================================================

A. Laying Off on Call

   Employees MUST NOT lay off on call. For employees in planner-activated
   pools, a layoff while on the active board will be considered as laying
   off on call.

=========================================================================

B. Emergency Lay Off

   Lay off code "FEM", Family Emergency, is defined as a lay off code for
   an emergency involving an employee or their family. An "emergency"
   under this code is an unforeseen circumstance that requires immediate
   action and is of such seriousness and magnitude that the employee must
   immediately absent themself from duty and no other layoff code governs
   the situation, e.g. DIF, LOS, SIF, etc. Employees must use the layoff
   code that most appropriately describes the reason for the absence and
   may not use "FEM" as an excuse to be absent from duty for reasons
   other than those that can accurately be described as an emergency. Use
   of code "FEM" will be closely monitored.

   Once granted authorization for layoff code "FEM", the employee must
   contact their supervisor within 24 hours to provide reason for the
   FEM. Misuse will result in corrective action against the offender and
   review of the code "FEM" as an unrestricted emergency code.

=========================================================================

C. Bereavement Leave and DIF Layoff Codes

   Train, yard and engine employees who unfortunately suffer the loss of
   a family member covered by Bereavement Pay agreements can use the
   layoff code DIF (Death in Family) in the Workforce System to mark off.
   Employees will be automatically marked up from DIF at the expiration
   of the approved time off.

   Family members who are covered by all the Bereavement Pay agreements
   include brother, sister, parent, child (including a legally adopted
   child), spouse and spouse's parents. Based on the location and craft
   of the employee's current assignment, additional family members
   covered may include grandchildren, half and stepbrothers, sisters and
   stepchildren. Refer to the agreement covering the employee's area or
   visit the Labor Relations' website under the TYE Payroll Services
   link.

   The Bereavement Pay agreements provide for 3-day's pay at the agreed
   to pay rate. The employee need not have stood for work on 1 or more of
   the days to receive payment, and all 3 days qualified for bereavement
   pay will not count as an absence under the Hi-Viz Guidelines.

   Employees claiming bereavement leave should use CA Code 05 on a
   special claim and send the obituary notice with the special claim
   ticket number to TYE Payroll Services via email at
   FINDLTYEBereavementPay@BNSF.com or fax to 785-676-5186 or 8-676-5186.

   BNSF understands a person may lose a family member not covered by the
   Bereavement Pay agreements. The DIF code should not be used in these
   cases, but the code FEM (Family Emergency) is available for immediate
   layoffs. Documentation must be maintained that explains the absence in
   the event the employee is required to provide the information to their
   supervisor. The supervisor may also help schedule additional time off
   through use of alternate codes such as LOP (Layoff Personal), PLD
   (Personal Leave Day), or a Leave of Absence if applicable.

   Employees who lay off DIF, but do not send the supporting
   documentation to TYE Payroll Services will be considered unavailable
   for duty and handled in accordance with the Hi-Viz Guidelines.

=========================================================================


D. Pre-Approved Lay Off System

   The following enhancements have been made to the pre-approved lay off
   system. The supervisor should be contacted if there are any
   questions.

   * In the 30-day period between day 90 and day 60, BNSF will accept
     and hold all requests for PLD and SDV only. On the 60th day prior to
     the layoff date TSS will distribute the allocation of days according
     to seniority.
   * Requests 60 days in advance and less, employees can be approved
     for up to four unpaid personal days (identified by layoff code LOP).
     Employees are still able to request all of their PLD and SDV days.
     When calculating LOP days, any portion of a calendar day is
     considered one day.
   * Once approved, individuals can move an LOP, SDV, or PLD up or back
     one calendar day. The employee can request this change of start day
     within 48 hours of requested start time.
   * Employees may request a single day of vacation or a personal leave
     day between 60 and 90 days in advance of the day it would be taken.
     For example, on September 8, an employee could request a day off
     that he/she plans to take November 7. The employee will be able to
     check if the request has been approved 60 days in advance or at 0001
     September 9. Employees can request as many vacation or personal
     leave days as they have currently available to them.


Bidding and sliding process
---------------------------

Employees can enter a pre-approval layoff request for a single day or
multiple days. If a multiple day request is entered, the request cannot
be submitted until the whole request is within the request window. None
of the days will be considered for approval until the entire request is
within the approval window as the program will not address (approve/deny)
until the last calendar day of the multi-day request.

Employees desiring high demand days off are encouraged to enter their
requests one day at a time so that each day will be considered as it
reaches the approval date. For example, an employee makes a three-day
request for PLD. All 3 days have to be within the 90-day window before
the request can be entered into the system.

At 60 days prior to day one of the request, the first day of the request
will not be considered for approval because portions of a three-day
request cannot be approved. All 3 days of the request must be within the
60-day window for any of it to be considered. Entering single days at a
time eliminates the possibility of an allocation being full before a
multiple day request will be taken into consideration.

Assigned employees cannot slide their requests as they already have
assigned rest days. The slide function was designed for unassigned
service where start times are not known in advance.

=========================================================================


E. Lay Off Process for Military Personnel

Two distinct lay off codes have been established which apply to military
service. It is important to use the appropriate lay off code to
distinguish between these two types of military service, as these codes
ultimately drive benefit and pay eligibility.

NGD = This code should be used only for National Guard, Drill, Training
or State Emergencies.

Note: NGD leaves greater than 10 days must be covered by a leave of
absence.

MLV = This code should be used for all other military service including:
Global War on Terror (Operation Iraqi Freedom, Operation Noble Eagle and
Operation Enduring Freedom), enlistment into the military, or any other
military service or training (other than National Guard).

Note: Military leaves greater than 10 days must be covered by a leave of
absence.


Benefit Coverage
----------------

Employees who wish to retain coverage under the BNSF program while on
leave will continue to pay the monthly contribution. Contribution will be
taken out of any make whole payments received from BNSF while on leave.
Otherwise, these contributions are required to be caught up upon return.

Compensation
------------

Employees should send paperwork supporting Military Pay claims and any
questions regarding pay for Military leaves to FINDLTYEMilitary@BNSF.com.
Note: Employees who wish to earn Good Attendance Credit must submit their
LES or training documentation no later than 60 calendar days after their
return to work from leave.

=========================================================================


F. Jury Duty

BNSF and the Labor Organizations representing BNSF employees support
employees summoned to perform their civic duties in the form of Jury Duty
by providing negotiated agreements for compensation for time lost to
employees who are summoned for Jury Duty. The collective bargaining
agreements will govern any dispute as to compensation for Jury Duty.
However, the following guidelines are provided to minimize such disputes
and provide for prompt and proper payment of valid Jury Duty claims. In
the event of a dispute, BNSF and the appropriate Labor Organization will
work to resolve the matter.

Employees instructed to report for Jury Duty at a specific date and time
are authorized to mark off for Jury Duty to make sure they are rested and
available for Jury Duty. They are also expected to make an effort to
perform their normal duties whenever reasonably possible.

Employees subject to certain call-in or "stand by" notification
procedures used by some courts will remain marked up except in
circumstances where protecting service will obviously jeopardize such
notification.

If there are questions about the ability to protect service, the employee
should consult with a designated supervisor before marking off and
jointly set up a strategy to ensure compliance with the court's
instructions and to protect their assignment when reasonably possible.

Employees will be expected to mark up immediately upon release from the
courts or, if on call, immediately after receiving notification they will
not have to report to the court.

To validate qualification and provide the proper documentation with the
claim:

Qualifies for Jury Duty Lost Wages:
-----------------------------------

* Reporting at a specific location and time for jury selection
  and/or Jury Duty when an actual loss of wages occurs.
* Reporting for Jury Duty conflicts with the employee's ability to
  obtain rest under the Hours of Service Act before or after the
  Jury Duty. Booking additional rest does not apply to Jury Duty.
* Extra board personnel who mark off for 24 hours or less will
  receive the equivalent of a day's guarantee if the trip missed is
  not completed prior to the mark up.

Does Not Qualify for Jury Duty Lost Wages:
------------------------------------------

* Jury Duty that occurs on a rest day or other periods of scheduled
  or unscheduled time off when no loss of wages occurs.
* Layoffs when courts are not in session. Examples include weekends
  and major holidays.
* Any days over the 60-day maximum. The Agreements provide for a
  maximum of 60 days in any calendar year.
* Failure to follow supervisor's recommendations for protecting service
  or reporting at the court without specific instructions to do so.

Supporting Documentation for Jury Duty Claims:
----------------------------------------------

* The following information must be included on the Jury Duty claim:

    o Date(s) scheduled for Jury Duty
    o Location
    o Time scheduled to report
    o Time released for each day
    o Lost trip information.

* The following documents should be sent to TYE Payroll Services via
  email at FINDLTYEJuryDutyPay@BNSF.com or fax to 785-676-5186 or
  8-676-5186.

    o A copy of the Jury Duty notice.
    o The Court's reporting instructions.
    o A copy of the Court receipt for amount paid while performing Jury
      Duty which will be deducted from the lost wage payment. Note: If
      payment is delayed or there is no payment for that day from the
      Court, authorization must be obtained from the supervisor for
      payment of lost wages.

=========================================================================


G. Lay Off Fatigue (LOF)

BNSF wants to ensure that everyone is rested and prepared to work safely.
Employees who are fatigued as a result of working numerous trips in a row
or working consecutive long trips can use the LOF to take 24 hours off
for rest. The LOF code may not be used for any other purpose and
employees who misuse the LOF code will be subject to discipline under the
Policy for Employee Performance Accountability. For example, this code
may not be used to extend rest days, vacation, or other layoffs. An LOF
counts as an unavailable day under the Hi-Viz Guidelines.

=========================================================================


H. Lay Off/Mark Up for Outlying Assignments

   Following a layoff, employees assigned to outlying positions must
   mark-up prior to the tie-up of their regular assignment in order to
   release the extra board employee covering their position. If an
   assigned employee fails to mark-up prior the tie-up of their regular
   assignment, the extra board employee will be held to protect the
   assignment's next tour of duty and the regular employee will be
   charged an unavailable day (LOP) under the Hi-Viz Guidelines. This
   does not apply going into the rest days of the assignment.

   Example: Employee Smith fails to mark-up from a one-day sick layoff
   prior to the tie-up of their assignment and, as a result, ends up
   missing two days of their assignment. Employee Smith will be charged
   points for two assigned days under the Hi-Viz Guidelines.

=========================================================================


I. High-Impact Days

   BNSF has the responsibility to provide our customers with reliable
   service every day, including High-Impact Days. High-Impact Days are
   days that have historically reflected higher train crew absenteeism
   and more missed opportunities to meet customer expectations. Those
   days are currently identified as: New Year's Day, Super Bowl Sunday,
   Easter Sunday, Mother's Day, Memorial Day, Father's Day, Independence
   Day, Labor Day, Halloween, Thanksgiving Day, Day after Thanksgiving,
   Christmas Eve, Christmas Day, and New Year's Eve.

=========================================================================


J. Failure to Take Notification

   An employee is required to accept notification when their assignment
   has changed (displaced, forced, cut, awarded a successful bid, etc.).
   Employee is then afforded their bump board time based on the
   applicable CBA. An employee who has not accepted notification upon
   first attempt will be placed in an LXX status until notification is
   accepted.

   * Employees whose last inbound assignment upon tie up was "other than
     assigned service", the employee will have 10 hours to accept
     notification for all future bid/bump events which occur prior to
     their next work event. Employees who do not accept notification
     within 10 hours will have all time pending notification for that
     event count as unavailable time, and points will be deducted using
     Unassigned Service Point Value.

       o 0 to 10 hours - no exception
       o >10 hours - points will be deducted according to the Hi-Viz
         Guidelines

   * Employees in assigned service that are bumped or cut from their
     assignment while on duty are considered "other than assigned
     service" upon tie up.

   * Being on a rest day does not exempt an employee from accepting
     change notification of an assignment.

  Example: an employee out-bounds on an assigned 05/02-yard job; however,
  the employee is bumped while on duty, takes notification upon tie up
  and is placed on the bump board. The employee's inbound status is
  "other than assigned service" account being placed on the bump board.

  Example of pending notification: An extra board employee is "rested"
  and available for call at 1300. Upon the employee becoming rested, the
  Crew Office attempts to notify employee of a displacement (bump) at
  1301. The employee does not respond to the notification. The Crew
  Office continues to attempt notification every 2 hours. If the employee
  has not taken notification by 2301, the Hi-Viz system will recognize
  this employee as having more than 10 hours of avoiding notification and
  mark the employee with an unavailability event. The crew office will
  continue to attempt notification to this employee and the attendance
  system will continue to account for time in which the employee has made
  themself unavailable.






GENERAL NOTICE(S) IN EFFECT
=========================================================================
| 1,3,46,64,76,78,94,106,121,128-129,140,156,176,181,188,192-193,197,   |
| 199,203,208,211,216,220,223-224,226-228,232-233,235-238               |
=========================================================================
.

October Regular Meeting

Date: October 19th, 2022
Time: AM

Spokane Valley Eagles
16801 E Sprague Avenue
Spokane Valley, WA 99037