Article 34 Article 34
Article 34
Hearings and Discipline
Section 1
A. Trainmen will not be disciplined, suspended, dismissed, nor have any entry made against their personal record without first being given
a fair and impartial hearing.
NOTE: The above will not prevent an employee from agreeing to waive a formal hearing and accept responsibility and discipline issued in
connection therewith.
B. When hearings are to be held, the employee whose presence is required thereat shall be given a written notice prior to such hearing,
such notice to contain advice as to cause of and the time, date and location set for the hearing and he shall have the right to be
represented by a representative of his own choice and may summon witnesses who shall have a fair and impartial examination. In case of
conflicting testimony those whose evidence conflicts may be examined together.
C. The hearing will be held within ten (10) days of the date of the occurrence. In cases involving any criminal charges or failure to make out
a personal injury report as prescribed in the rules, the ten (10) days will apply after date the occurrence is made known to the Company.
Employees or the Company shall have the right to request postponement for valid reasons.
D. Within fifteen (15) days after the hearing is completed, unless an extension is agreed to with the employee involved, any employee found
to be at fault shall be notified in writing of the decision made. Copy of decision will be furnished his hearing representative.
E. If the accused employee is dissatisfied with the decision following hearing, he or his representative shall have the right to appeal to the
next higher officer. Appeals shall be handled in accordance with provisions of the agreement covering the handling of claims and/or
grievances. Requests for payment for time lost may be included in the first appeal to the higher officer referred to herein.
F. In case the suspension, dismissal, or censure is found to be unjust, such employee shall have entry removed from his record and if
suspended or dismissed he shall be reinstated and paid for time lost.
G. Copy of the transcript will be promptly furnished to the accused and his representative, it being understood that no time limit on appeals
shall begin to run prior to the time the transcript is in the hands of the accused.
Section 2
A. Regularly assigned trainmen, who are required to attend a hearing at the request of the Company and do not lose time on their
assignment will, if found not to be at fault, be allowed pro rata rate of their regular assignment for the actual time so in attendance with a
minimum of two (2) hours, this time to commence at the time the employee is required to and does report for the hearing and to continue
until released with a maximum of eight (8) hours on any calendar day. Trainmen assigned to an extra list who are required to attend a
hearing at the request of the Company when not on duty and are not required to lose their place on extra list will, if found not to be at fault,
be allowed the rate of pay applicable to the class of service last performed for the actual time so in attendance with a minimum of two (2)
hours, this time to commence at the time the employee is required to and does report for the hearing and to continue until released with a
maximum of eight (8) hours on any calendar day. In addition, when trainmen are required to deadhead from their home terminal to the point
where hearing is to be held, they will be compensated therefore under the road deadhead rules.
B. When regularly assigned employees are so used and are found not to be at fault and they lose time on their assignment they will be paid
under this section but no less than they would have been paid if they had continued to work. When extra men are so used and are found not
to be at fault they will be allowed a minimum day when required to lose their place on the extra list, such payment to be at the rate of pay
applicable to the class of service last performed. If held from the extra list more than a calendar day as a result of attendance at a hearing
they will be paid a minimum day at the above defined rate for each such additional day on which they perform no service.
C. The Company will arrange to mark off employees when necessary for the purpose of attending hearings. Employees who are marked
off to attend hearings must mark up at the close of the hearings.
D. Failure of a trainman to appear at investigation or hearing after receipt of proper notification as provided herein, except when prevented
by causes beyond his control, shall be considered sufficient reason for his dismissal from service.
Section 3
This Article is applicable to yardmen at Chicago, Illinois, in lieu of the discipline rule contained in the Chicago Memorandum of Agreement.
Article 34
Hearings and Discipline
Section 1
A. Trainmen will not be disciplined, suspended, dismissed, nor have any entry made against their personal record without first being given
a fair and impartial hearing.
NOTE: The above will not prevent an employee from agreeing to waive a formal hearing and accept responsibility and discipline issued in
connection therewith.
B. When hearings are to be held, the employee whose presence is required thereat shall be given a written notice prior to such hearing,
such notice to contain advice as to cause of and the time, date and location set for the hearing and he shall have the right to be
represented by a representative of his own choice and may summon witnesses who shall have a fair and impartial examination. In case of
conflicting testimony those whose evidence conflicts may be examined together.
C. The hearing will be held within ten (10) days of the date of the occurrence. In cases involving any criminal charges or failure to make out
a personal injury report as prescribed in the rules, the ten (10) days will apply after date the occurrence is made known to the Company.
Employees or the Company shall have the right to request postponement for valid reasons.
D. Within fifteen (15) days after the hearing is completed, unless an extension is agreed to with the employee involved, any employee found
to be at fault shall be notified in writing of the decision made. Copy of decision will be furnished his hearing representative.
E. If the accused employee is dissatisfied with the decision following hearing, he or his representative shall have the right to appeal to the
next higher officer. Appeals shall be handled in accordance with provisions of the agreement covering the handling of claims and/or
grievances. Requests for payment for time lost may be included in the first appeal to the higher officer referred to herein.
F. In case the suspension, dismissal, or censure is found to be unjust, such employee shall have entry removed from his record and if
suspended or dismissed he shall be reinstated and paid for time lost.
G. Copy of the transcript will be promptly furnished to the accused and his representative, it being understood that no time limit on appeals
shall begin to run prior to the time the transcript is in the hands of the accused.
Section 2
A. Regularly assigned trainmen, who are required to attend a hearing at the request of the Company and do not lose time on their
assignment will, if found not to be at fault, be allowed pro rata rate of their regular assignment for the actual time so in attendance with a
minimum of two (2) hours, this time to commence at the time the employee is required to and does report for the hearing and to continue
until released with a maximum of eight (8) hours on any calendar day. Trainmen assigned to an extra list who are required to attend a
hearing at the request of the Company when not on duty and are not required to lose their place on extra list will, if found not to be at fault,
be allowed the rate of pay applicable to the class of service last performed for the actual time so in attendance with a minimum of two (2)
hours, this time to commence at the time the employee is required to and does report for the hearing and to continue until released with a
maximum of eight (8) hours on any calendar day. In addition, when trainmen are required to deadhead from their home terminal to the point
where hearing is to be held, they will be compensated therefore under the road deadhead rules.
B. When regularly assigned employees are so used and are found not to be at fault and they lose time on their assignment they will be paid
under this section but no less than they would have been paid if they had continued to work. When extra men are so used and are found not
to be at fault they will be allowed a minimum day when required to lose their place on the extra list, such payment to be at the rate of pay
applicable to the class of service last performed. If held from the extra list more than a calendar day as a result of attendance at a hearing
they will be paid a minimum day at the above defined rate for each such additional day on which they perform no service.
C. The Company will arrange to mark off employees when necessary for the purpose of attending hearings. Employees who are marked
off to attend hearings must mark up at the close of the hearings.
D. Failure of a trainman to appear at investigation or hearing after receipt of proper notification as provided herein, except when prevented
by causes beyond his control, shall be considered sufficient reason for his dismissal from service.
Section 3
This Article is applicable to yardmen at Chicago, Illinois, in lieu of the discipline rule contained in the Chicago Memorandum of Agreement.
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