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0 0 11-6 MAINTENANCE OF • -ERATING RULES—December 2, 2009 11.6 Resolving Challenges to On-Track Safety Procedures All roadway workers are guaranteed the right to challenge in good faith whether the on-track safety procedures applied at their work location comply with the MWOR and to remain clear of the track until resolved. When making a good faith challenge, inform the employee in charge before the on-track safety rules are misapplied, if possible. Otherwise, inform the employee in charge before fouling the track. A challenge is resolved as follows: 1. The challenging individual informs the employee in charge that he or she does not believe the method of on-track safety at the work location complies with the MWOR. Note: Individuals will not be subject to retribution or punishment for making a good faith challenge. 2. The employee in charge reviews the on-track safety procedures with the challenging individual to determine if proper procedures have been or will be applied. 3. If the challenging individual is still not convinced that the on-track safety procedures comply with the MWOR, the employee in charge contacts the next level Supervisor. The Supervisor reviews the on- track safety procedures and determines if the procedures are being properly applied. 4. After that review, if the challenging individual still is not convinced that the on-track safety procedures comply with the MWOR, the employee in charge and the next level Supervisor contact the General Director Rules and Field Support in Fort Worth,Texas or a designee.The person contacted reviews the on-track safety procedures and determines if the procedures are being applied properly. • If the determination is that the on-track safety procedures are not being applied properly, the employee in charge modifies the procedures as required. or • If the determination is that the on-track safety procedures are being applied properly, the challenge is considered resolved, and the employee in charge will instruct the challenging individual to perform his or her assigned duties. Note: Challenges that progress to the next level Supervisor are documented by that Supervisor. The section head of the work group reviews this documentation within 1 month of the challenge. A union representative is invited to participate in this review.