Common use of Rail Clause in Contracts

Rail. The assigned TSP shall rate each collision and incident as preventable or non-preventable. The TSP’s determination as to whether the collision or incident is preventable or non- preventable shall not be grievable or subject to review through the grievance procedure in Article 22. Definition of Preventable or Non-Preventable 225.227. SFMTA shall classify the collision or incident as preventable or non- preventable by applying the National Safety Council’s Safe Driver Award Program definition in effect on July 1, 2011. The National Safety Council Safe Driver Award Program defines a preventable collision or incident as one that “results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent it.” Definition of Major and Minor Accidents 226.228. Major accidents include, but are not limited to, collisions and incidents involving fatalities, pedestrians, injuries resulting in transport to a hospital, property damage greater than $15,000, and those involving a violation of traffic laws or SFMTA safety rules. 227.229. Minor accidents include, but are not limited to, collisions and incidents involving damage to property of $15,000 or less and minor injuries. Procedure for Minor Accidents Memorandum of Understanding Between Transport Workers Union, Local 250-A (9163) and Municipal Transportation Agency July 1, 20114 – June 30, 20174 228. 1. The assigned TSP will grade the accident as preventable or non- preventable.

Rail. The assigned TSP shall rate each collision and incident as preventable or non-preventable. The TSP’s determination as to whether the collision or incident is preventable or non- preventable shall not be grievable or subject to review through the grievance procedure in Article 22. Definition of Preventable or Non-Preventable 225.227. SFMTA shall classify the collision or incident as preventable or non- preventable by applying the National Safety Council’s Safe Driver Award Program definition in effect on July 1, 2011. The National Safety Council Safe Driver Award Program defines a preventable collision or incident as one that “results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent it.” Definition of Major and Minor Accidents 226.228. Major accidents include, but are not limited to, collisions and incidents involving fatalities, pedestrians, injuries resulting in transport to a hospital, property damage greater than $15,000, and those involving a violation of traffic laws or SFMTA safety rules. 227.229. Minor accidents include, but are not limited to, collisions and incidents involving damage to property of $15,000 or less and minor injuries. Procedure for Minor Accidents Memorandum of Understanding Between Transport Workers Union, Local 250-A (9163) and Municipal Transportation Agency July 1, 20114 – June 30, 20174 228. 1. The assigned TSP will grade the accident as preventable or non- preventable.

Rail. The assigned TSP shall rate each collision and incident as preventable or non-preventable. The TSP’s determination as to whether the collision or incident is preventable or non- preventable shall not be grievable or subject to review through the grievance procedure in Article 22. Definition of Preventable or Non-Preventable 225.227225.226. SFMTA shall classify the collision or incident as preventable or non- preventable by applying the National Safety Council’s Safe Driver Award Program definition in effect on July 1, 2011. The National Safety Council Safe Driver Award Program defines a preventable collision or incident as one that “results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent it.” Definition of Major and Minor Accidents 226.228226.227. Major accidents include, but are not limited to, collisions and incidents involving fatalities, pedestrians, injuries resulting in transport to a hospital, property damage greater than $15,000, and those involving a violation of traffic laws or SFMTA safety rules. 227.229227.228. Minor accidents include, but are not limited to, collisions and incidents involving damage to property of $15,000 or less and minor injuries. Procedure for Minor Accidents Memorandum of Understanding Between Transport Workers Union, Local 250-A (9163) and Municipal Transportation Agency July 1, 20114 – June 30, 20174 228. 1. The assigned TSP will grade the accident as preventable or non- preventable.