Q&A — Protection from discipline

Who receives protection?

• Union employees observing a safety problem or experiencing a close call event and reporting it receive protection from carrier discipline and/or decertification and FRA enforcement.
• Coworkers whose names you mention during your initial phone call to BTS and list on your written report also receive protection.

Are there conditions for receiving protection?

• The employee's action or lack of action was not intended to damage carrier operations, equipment, and/or personnel.
• The employee reports the unsafe condition to BTS within 48 hours of noting it, and BTS accepts the report.
• The employee mails a formal, written close call report to BTS within three calendar days after the phone call.
• The employee's carrier has an active IMOU with FRA.
• The employee violates a law, regulation, or operating rule under a direct order from a supervisor.

When are reporting employees not protected?

• The action or lack of action was intended to damage carrier operations or equipment, to injure other employees, or to place others in danger.
• The event resulted in a railroad accident or incident over the FRA reporting threshold.
• The event involved a criminal offense, falsified information, hazmat release, or alcohol or controlled substances (Rule G).
• The event was observed in real time and reported to the carrier or was observed as part of operating practices testing.
• The carrier or FRA identified the event before or at the same time that the employee filed a close call report.
• The employee is not covered under the carrier's IMOU.

Can the company punish me in retrospect?

Are managers eligible to receive protection from discipline?

When do carriers receive protection?

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