RULE 75: PAY FOR ATTENDING INVESTIGATION
| Description: RULE 75 - PAY FOR ATTENDING INVESTIGATION (a) Trainmen or yardmen, required by the Company to attend a formal hearing held in accordance with Rule 74 will be paid for time lost as follows: (1) A trainman or yardman holding a bulletined assignment will be paid an allowance equivalent to the earnings of the trainman or yardman who fills the assignment. (2) A trainman in pool freight service who is held off his turn will be paid an allowance equivalent to the earnings of the trainman who took his turn, and will resume his regular turn. (3) A trainman or yardman on an extra board will be paid a minimum basic day and hold his turn. Time allowances payable to trainmen or yardmen under this subsection (3) will be at the rate of the service in which the trainmen or yardmen were engaged immediately prior to the hearing. (4) No payment is required under this rule under the following conditions: a) When no time is lost by trainman or yardman from their assignments. b) A trainman or yardman does not lose his turn in pool freight service or on the extra board as the case may be. c) When a hearing is postponed at the employee's request. d) When the charges are sustained and the trainman or yardman is dismissed from service. (5) Employees required to leave home terminal to attend formal hearing will be paid necessary away - from - home expenses. (6) The allowances provided for herein shall not apply in circumstances where discipline is administered pursuant to paragraph (c) of Rule 74. (7) A trainman or yardman attending a formal hearing held in accordance with Rule 74 at a point to which he is required to travel as a Company witness only, and not charged with a rule violation or if charged with a rule violation and is not dismissed from service, and the employee (1) loses no time from his regular assignment, (2) his turn in pool freight service, or (3) his turn or, the extra board, will be paid one and one - half basic days (150 miles), which amount will cover all time consumed in traveling and attending the hearing. (a) A trainman or yardman who qualified for payments under subsections (1), (2), (3) and (5) of paragraph (a) while attending hearing at a point to which required to travel will be allowed payments prescribed under this subsection (7) or under subsections (1), (2), (3) or (5) hereof, whichever is greater. (b) The provisions of subsections (7) and (7)(a) do not apply in connection with formal hearings held at home terminal of employee, nor do they apply in connection with formal hearings held at away - from - home terminal or layover point incident to service trip, but shall apply only when a trainman or yardman is required to travel to a point for the specific purpose attending formal hearing. Neither shall any payment accrue under sub - sections (7) and (7)(a) to a trainman or yardman who is instructed by the Carrier to attend formal hearings at the request of the Organization or an employee under investigation (8) A regularly assigned yardman attending formal hearings and investigations strictly as a Company witness or his designated ''days off'' shall be allowed one day's pay at the pro rata rate applicable to the last service performed. (9) A trainman or yardman (regular or extra) attending formal hearings and investigations strictly as Company witness during his off - duty hours shall be allowed actual time consumed in such attendance at the pro rata rate of the last service performed, with a minimum allowance of two hours, except that this provision shall not, apply to a regularly assigned yardman attending formal hearings and investigations strictly as a Company witness on one of his designated ''days off.'' (10) No payment shall accrue to trainmen or yardmen who are instructed by the Company to attend formal hearings and investigation at the request of other employees or at the request of Organization representatives. (b) When it becomes necessary to hold an entire pool freight crew to attend an investigation and hearing, the pool freight turn held by such employees will be called and run in turn and will be manned by available extra employees. The regular members of the crew so held will not be restored to the pool freight board until the extra employees called in their stead have returned to the home terminal for such pool freight crews. |
