I agree with Rickair. They are covered. In this case, I believe that most of the blame goes to the ramp crew for not following proper protocol since someone was not paying attention.
The ASAP committee could still recommend some sort of non-punitive action (verbal coaching, training, etc). However, our ASAP agreement with the company and the FAA will most likely exclude punitive actions.
The main thing is that ALL parties will learn and make changes to procedures at BUR.
As a side note, the airplane only has a few minor scrapes on the upper part of the winglet. This is amazing considering the type of collision involved.