ITEM 84 A: Rule G by-pass-9th District

ITEM  -  84(a)

MODIFICATION OF RULE 20  -  YARD SCHEDULE

AND RULE 84  -  ROAD SCHEDULE

ROAD SENIORITY DISTRICT 9  -

KANSAS CITY AND TOPEKA YARDAGE

(1) Rule 20 of the Yard Schedule and Rule 84 of the Road Schedule are Modified as provided in this Agreement for trainmen working on Road Seniority District 9 (Kansas City to Marysville, Kansas City to Junction City, Kansas City to Salina and Kansas City to Council Bluffs) and for yardmen working in Kansas City and Topeka Yards.

(2) If any member(s) of a crew believes that any other member of that crew is in apparent violation of Rule G. such employe may immediately contact a Carrier Officer. If the Carrier Officer, upon investigation, determines there is an appar­ent Rule G violation the employe shall be removed from service.

It is understood that the removal from service shal1 take place only at a location where food, lodging and transportation are available.

If the employe does not have the means to return to his home terminal, he will be furnished a bus ticket. This provision applies only to em­ployes removed from service under the conditions of this agreement)

(3) Once an employe has been relieved from service under (2) above, such employe must contact the Company's Employe Assistance Program counselor at Kansas City within five days of the removal from service. If the employe contacts the Employe Assistance Program counselor and accepts counseling, he will be paid for the full tour of duty or trip lost (one way) as a result of his removal from service.

 (4) If the employe does comply with the requirement's set forth in (3), and the Employe Assistance Program counselor determines that the employe is not in need of Employe Assistance counseling, the employe shall be returned to service.  There shall be no claim progressed any time lost as a result of the removal from service other than as provided in (3). 

(5) If the employe does comply with the requirements set forth in (3), the Employe Assistance Program counselor determines that the employe is in need of Employe Assistance counseling and the employe accepts counseling, the employe shall be immediately returned to service, subject to a favorable recommendation from the Employe   Assistance Program counselor. There shall be no claim progressed for any time lost as a result of the removal from service other than as provided in (3)

(6) If the employe does not comply with the requirements set forth in (3) or does not accept counseling as provided in (5), he must lay off and if so desired, may request a formal investigation. Such request must be made within five days of the day removed from service. If the employe does not request an investigation and is off for more than l5 days, he must request a leave of absence. One 45 - day leave of absence will be granted. At the end of this period, if the employe still has not contacted an Employe Assistance Program counselor, the provisions of Rule 16 of the Yard Schedule and Rule 88(b) of the Road Schedule shal1 apply.

The employe(s) who originated the action as provided in (25 will not be called as Company witnesses if the employe asks for a formal investigation.

(7) This agreement shall apply one time only to each employe covered by this Agreement. Thereafter, all regular rules and agreements shall apply.

(8) This agreement is effective November 1, 1980 and may be terminated by either party upon service of five days written notice upon the other party.

Signed at Kansas City, Kansas this 2nd day of October, 1980.