YARD RULE 20: DISCIPLINE PROCEDURE

RULE 20.  DISCIPLINE PROCEDURE.  (a) Investigations.  Before a yardman is discharged, or notation made against his record, for an alleged fault, he shall have a fair and impartial hearing, at which he may have an employe of his choice or his duly elected union representative to represent him, who will be permitted to interrogate the witnesses.  Copy of the evidence brought out at such investigation, which will be the basis for the discipline administered, shall be accessible to employe affected or his representative upon request.  When suspended for investigation, such investigation shall be held within 3 days.  If found innocent he shall be paid at regular rates for time lost and reinstated.  If detained more than 3 days awaiting investigation he shall be paid for extra time in excess of 3 days, whether found guilty or not.  When notation is entered against the record of a yardman he will be notified within ten days of completion of investigation, and will receipt for such notice.

An employe failing to appear at a hearing, after having been properly notified in writing, and who makes no effort to secure a postponement, will automatically terminate his services and seniority rights.

Yardmen reinstated will report for duty within 30 days from reinstatement, except in case of sickness.

Yardmen attending formal hearings or investigations strictly as company witnesses during their days off period or during their off duty time in their regular work week will be allowed actual time consumed in attendance at the formal hearing or investigation with a minimum allowance of two hours and a maximum allowance of 8 hours, at the pro rata rate of pay of the last service performed.

(b)  Appeals.  (1) Appeal from the decision must be filed with the Superintendent in writing within thirty days from date thereof.  Final decision of Superintendent on appeal consideration must be made within thirty days from date of appeal.  If it is found the employe has been unjustly suspended or dismissed from the service such employe shall be reinstated with seniority rights unimpaired and compensated for wage loss, if any, resulting from such suspension or dismissal.

(2)  An employe dissatisfied with decision of Superintendent may appeal to the General manager.  Appeal must be made in writing by the employe or his duly accredited representative within sixty days of the date of the decision appealed. Conference on appeal, if requested, will be granted within ten days if practicable, and not later than twenty days from receipt of written request, and decision in writing will be made within ten days of conclusion of conference.  If conference is not requested, decision in writing will be made within thirty days of date appeal is received by the General Manager. Decisions not appealed to the General Manager within the time limit herein specified shall be barred and deemed to have been abandoned.

(3)  Decision by the General manager shall be final and binding unless within one year from the date of his decision such claim is disposed of on the property, or proceedings for final disposition of the claim are instituted by the employe or his duly authorized representative and General manager is so notified.  It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.

(4)  Appeals for leniency consideration will not be subject to time limits of this rule.