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QUESTIONS & ANSWERS
QUESTION:
Currently there is the opportunity for mutual conference, conference at employee's request, and core training. How will those opportunities be impacted with this policy?
ANSWER:
Mutual conference for former Level 2 through Level 4 incidents will be available for each employee. Conference at employee's request and core training will no longer be available.

 
QUESTION:
What happens with employees who are decertified under FRA regulations?
ANSWER:
For the first decertification, which is 30 days an employee, will be treated under the Behavior Modification Policy at the DECISION level.

 
QUESTION:
What procedures apply to Rule G cases?
ANSWER:

The same procedures and processes for Rule G will apply with this policy as applied under upgrade.

 
QUESTION:
What determines that a person is "habitual"?
ANSWER:
After the manager has handled incidents on the ground with an employee sufficiently to convince the manager that this employee is not likely to adhere to the rules, the manager will inform the employee that he or she is deemed "habitually in violation of rules" and the next infraction will result in movement to "conference" handling. The first incident by definition is not habitual, the second and subsequent incidents may be termed as habitual, but in no case will an employee be moved to conference handling until at least the third incident.

 
QUESTION:

How does the change to personal choice and preventative infractions behavior modification work?

ANSWER:

They run on a parallel path so that a personal choice incident does not add to a preventable infraction incident.

 
QUESTION:
Hearings are not mentioned until the final level. What happens with "right to hearing" at other levels?
ANSWER:
An employee may request a hearing at any level instead of the current policy and will be handled if guilt is found under the upgrade policy, except Level 2 infractions will receive five days off work without pay and training as deemed appropriate by the manager. Employees choosing the "right to hearing" option will be placed in the appropriate behavior modification category once discipline is served. Additionally, at any time during the investigation, but prior to the close of the investigation, the employee may choose to go into the Behavior Modification Program.

 
QUESTION:
How does the recovery period work?
ANSWER:

When an employee is at the DECISION level and works without incident for 12 months, they move to the COLLABORATION level. After working 12 months without incident, the employee moves off the Behavior Modification Matrix. When an employee is at the COLLABORATION level and is incident free for 12 months or the balance of the 24 months, having moved from CONFERENCE, whichever is greater, they will move off the Behavior Modification Matrix. When an employee is at CONFERENCE level and is incident free for 24 months, they will move off the Behavior Modification Matrix.