System General Notice 250 – Hi-Viz Attendance Program | Time Off
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Please keep up with all your general notices for the most current information.
May 31, 2022
BNSF Railway Co.
ALL DIVISIONS
SYSTEM GENERAL NOTICE NO. 250
TO ALL CONCERNED,
SUBJECT: Hi-Viz Attendance Program
BNSF System General Notice No. 241 is canceled:
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Explanation: Effective June 1, 2022
- Item 1. Assessment of Points, sections a), e), f) and g) are amended.
- Item 2. Good Attendance Credits, section a), b) and c) are amended.
- New section, Recognition Points, is added as Item 3.
- Discipline section is amended and is renumbered from Item 3 to Item 4.
- Initial Placement in Discipline Process, is amended and renumbered from
Item 4 to Item 5.
- TYE Time Off
- B. Emergency Lay Off is amended.
- J. Failure to Take Notification is amended.
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---------------------------- Note ------------------------------
| The Hi-Viz Attendance Program, initially placed into service |
| February 1, 2022, 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 |
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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.
Assigned service is considered any assignment in any type of
service that has access to rest days. This includes but is not
limited to:
5/2, 6/1, 6/2, 6/3, 7/3, 14/1, Earned Rest (4/2 or 6/3)
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:
1) begins within 48 hours following a VAC or PLD event,
or
2) Begins within 24 hours following an SRS event,
or
3) Begins or ends within 48 hours of CLD, OFL, UNB, FML, SCA or
any other unpaid leave 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. No Conjunction
Penalty is assessed for unavailability during the 48 hours before a
VAC or PLD event.
* Work events and scheduled rest days break the Conjunction
Penalty
* EMC/LOC/NOS are the exception; they will continue to be charged
according to Point Schedule
f) Disciplinary follow-up may occur 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 deductions are preceded by a seven day "pending" period
before the deduction occurs. Employees with questions or concerns
regarding the deduction should discuss it with their supervisor
during that pending period.
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 1st and
March 14th, they will receive a Good Attendance Credit on March
15th. If they continue to remain available between March 15th
through March 28th, they would earn another credit on March 29th.
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)
- Engineer Training (LET)
- Working lite duty (LIT)
- Company business (LCB)
- Layoff for jury duty (LOJ)
- Death in family (DIF)
- Critical incident report (CIR)
- 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 FML/PFM, FUR, LAM, 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 through Good
Attendance Credits.
3. Recognition Points
Points earned through recognition will be added to an employee's point
balance. Through this process only, the point total may exceed 30
points, to a cap of 37 points.
Please see Hi-Viz FAQs for specifics on how Recognition Points can be
earned.
4. 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.
5. 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.
BNSF leadership should consider all relevant information when using
the Guidelines. In every case, they should apply the Guidelines
with consistency and common sense.
Hi-Viz FAQs are available on the LR Website. Under "Employee
Performance Expectations" select "Attendance Guidelines and
Information" and then "Hi-Viz FAQs." Along with other important
information, the FAQs clarify and explain Hi-Viz concepts not
specifically mentioned in Hi-Viz Guidelines.
NOTE: Being unaware of your point total is not an excuse for
exhausting your points.
TYE Time Off
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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.
=========================================================================
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 themselves 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.).
Employees are 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.
Please note, all positions that are notified/take call to come to work
are expected to take notification, regardless of their "unassigned" or
"assigned" category in Hi-Viz. This includes Earned Rest pools, Rest
Cycle pools, unassigned Extra Boards, etc.
The requirement to take notification is based on the employee's
assignment at the time of tie-up from their last inbound event.
Employees required to take notification will have 10 hours to accept
notification for all future bid/bump events that 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 (LXU).
* 0 to 10 hours - no exception
* >10 hours - points will be deducted according to the Hi-Viz
Guidelines in 24-hour increments
This includes employees who are bumped or cut from their assignment
while on duty and upon tie-up take notification that they are on the
bump board.
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. This employee is now required
to take notification, as their assignment when they inbounded was bump
board.
Example: An unassigned 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 failure to take notification
and mark the employee with an unavailable event (LXU). The crew office
will continue to attempt notification to this employee and Hi-Viz will
continue to account for time in which the employee has made themselves
unavailable.
GENERAL NOTICE(S) IN EFFECT
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| 1,3,64,76,78,94,106,121,128-129,140,176,181,188,192-193,197,203, |
| 226-228,232-233,242,247-250 |
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