P PR immediately notify the 1WU of the issue (888-898- OLICY AND OCEDURE FOR 6608). RESOLVING A SAFETY RULE DISPUTE The manager must interview the employee and the immediate supervisor prior to rendering his/her An employee or group of employees who allege that decision. If the manager can resolve the issue over they have been directed by supervision to violate a the phone based on the verbal description of the departmental or applicable NYC Transit-wide safety events the manager's decision can be communicated rule or applicable law can utilize the following verbally to the supervisor, employee, and union procedure in order to have the situation immediately representative, if one is present. By the end of the reviewed by a supervisor and manager, if necessary. shift, the manager must complete his/her section on Supervisors and managers must have this form on site the form and indicate whether the employee is and make it available to any employee that wishes to satisfied with the explanation, if a change in on-site initiate a review. procedures is necessary or if a disagreement still exists. If the manager is unable to resolve the issue If a manager is present when the issue is raised, the based on the verbal description, the manager must disputed issue need only be reviewed by the manager, report to the location of the incident before rendering This procedure does not supercede or replace the ~ decisi~n and the form must be completed provisions of the Collective Bargaining Agreement. lmInediately. All I t f 11 th li ' d When the manager renders the decision, he/she will emp oyees mus 0 ow ese po aes an 0 .direct the employee back to work. If the procedures when they allege a vIolation of a I / fusesth ' d ,. emp oyee gang re e manager s ecISIon, de partmental or applicable NYC Transit-wide safety . t cti be tak ° 0 ...0 appropna e a on may en agaInst the rule or applicable law m effect at a Joblocation. employees. If the supervisor/manager fails to correct Th Saf Rul Dis R I F 0 'ded ' a valid safety issue, appropriate action will be taken e ety e pute eso ution orm 15proVl ' agaInst the supervISor / manager. 0 on the reverse side to document the allegation. The form must be completed as follows: SAFETY RULE DISPUTE The employee alleging the violation must fill out the DIVISIONAL REVIEW PANEL I secti° f th I: d .' t t his/h (This sectionapplies to supervisorsand managersonly.) emp oyee on 0 e lorm an give I 0 er immediate supervisor. The employee must be as specific as possible if supervision/management is to To insure consistent application of the safety rules or conduct an appropriate review and resolve the issue as applicable law, a Divisional Review Panel will be expeditiously as possible. established. The immediate supervisor will discuss the specific The Division Head will chair this panel and it will concerns and explain the rule/law in effect at the work include a representative of the Office of System site. The immediate supervisor will fill out section 2 of Safety. the form and indicate whether the employee agrees with the explanation; if a change in on-site procedures is The Panel will review all Safety Rule Dispute necessary,the change will be made. The employee signs Resolution Forms quarterly. The Panel will also that he/she agrees or disagrees with the supervisor's provide a written report of their meetings to the action in section 2 of the form. If a disagreement exists, Departmental Senior Vice President and the Vice the issue will be immediately referred to a manager for President of the Office of System Safety. immediate resolution. The manager must notify his/her divisional Control Center and advise them to Upon completion of the fonn, it must befonvarded to the division head,Office of SystemSafety (fax #718-243-4770), and the TWU Director of Safety and He~lth (fax #212-724-5826). SAFETY RULE DISPUTE RESOLUTION FORM This sectionis for the employeewho is alleginga violation 2. In this sectionthe supervisor at the location must of a departmentalorapplicableNYC Transit-wide indicate what actionshe/ she took regarding the con- safetyrule or a sectionof an applicablelaw. cernsthat the employeehasindicated. If the employee An employee or group of employees directed by does not a~ with the .explanationor action;indicate supervision to violate a departmental or applicable what the dIsagreement~ an? refer ~e. ~tter to a NYC Transit-wide safety rule or applicable law can managerwho ~ust notify ~/her.dIVIsIO~1 Control utilize the following procedure in order to have the Centerand advISethem to ImmedIately notify the situation immediately reviewed by a supervisor ~ of the issue(888-898-6608).If thereis ~o divi- and manager, if necessary. slonalControl Centerthe managermust notify the TWU. The managermust immediately review the If a manageris presentwhen the issueis raised,the matter. alleged violation need only bereviewed by ~ manager: This proceduredoes not supercedeor replacethe provisions of the Collective BargainingAgreement. Employee Name EmployeeAgree0 Disagree0 lille Pass' . DeptJDivision EmployeeSignature y Supervisor Pass' TIlDe -a.m. -p.m. Date -1- 1- Date lime SupervisorSignature(required) TaskBeingPerformed 3. In this sectiona managerfrom the division must Location . d. m Icate w hat actionshe/ she took regarding the concernsthat the employeeindicated above. Upon 1. In this sectionthe employee must specifically explaining to the e~ployees what changes~ill be . describethe allegedviolation. Indicate or describethe made at the work sIte or that the challengeISnot valid, rule or standardbeing violated. the managerwill direct the employeebackto work. If the employee/gang refusesthe manager'sdecision, appropriate action may be taken againstthe employee(s).If the supervisor/manager fails to correcta valid safetycondition, appropriate action will be taken againstthe supervisor/manager. , lime _a.m. _p.m. Date _1_1- TIlDe _a.m. _p.m. Date _1_1- EmployeeSignature(required) ManagerSignature(required)/Print Name/Pass Number Upon completion of this fonn it must beforwarded to the division head, the Office of System Safety (fax #718-243-4770),and the TWU Director of Safety and Health (fax #212-724-5826). Supervisor/Manager Copy 508_O3 - SAFETY RULE DISPUTE RESOLUTION FORM This section is for the employre who is alleging a violation 2. In this section the supervisor at the location must of a de~ental (X' applicable NYC Transit-wide indicate what actions he/ she took regarding the con- safety rule or a section of an applicable law. cerns that the employee has indicated. If the employee An employee or group of employees directed by does not a~ with the.explanation or action, indicate supervision to violate a departmental or applicable what the disagreement ~ an? refer ~e. ~tter to a NYC Transit-wide safety rule or applicable law can manager who ~ust notify ~/her.diVlSlo~l Control utilize the following procedure in order to have the Center and adVISe them to ImmedIately notify the situation immediately reviewed by a supervisor ~ of the issue (888-898-6608). H there is ~o divi- and manager, if necessary. .sional Control Center the manager must notify the If . h TWU. The manager must immediately review the a rnana.ger ~ present w en the issue is raised, the matter. alleged VIolation need only be reviewed by ~ rnamget: This procedure does not supercede or replace the provisions of the Collective BaIgaining Agreement. Employee Name . EmployeeAgree0 Disagree0 litle Pass' Dept./Division Employee Signature Supervisor Pass' 1i Ime -a.m. -p.m. Date -' -- / Date TlDIe Supervisor Signature (required) Task Being Performed Location 3. In this section a manager from the division must indicate what actions he/she took regarding the concerns that the employee indicated above. Upon 1. In this section the employee must specifically explaining to the e~ployees what changes ~ ~ . describe the alleged violation. Indicate or describe the made at the work site or that the challenge IS not valid, rule or standard being violated. the manager will direct the employee back to work If the employee/gang refuses the manager's decision. .appropriate action may be taken against the employee(s). If the supervisor/manager fails to -correct a valid safety condition. ~ppropriate action will be taken against the supervisor/manager. .":: " -, "," .;" '. .-,'.. ;". ...'~..'" .. , ,':; .,~ ..: ' , Time -a.m. -pm. Date -' -/ ~ Time -am. -pm. Date -' -/ - Employee Signature (;quiled) Manager Signature (requiled)/Print Name/PassNumber Upon completion of this fonn it must beforwarded to the division head,the Office of SystemSafety (fax _#71~-243-4770),and the 1WU Director of Safety and Health (fax #212-724-5826). Employee copy 508_03
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