Common use of CLAIMS OR GRIEVANCES Clause in Contracts

CLAIMS OR GRIEVANCES. A. All claims or grievances must be presented in writing by or on behalf of the employee involved to the officer of the Company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall within sixty (60) days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. In the event the Company fails to disallow the claim or grievance within the prescribed period, the claim or grievance shall be allowed, but such allowance will not be considered as a precedent or waiver of the Company's position as to any other claims or grievances. B. If the claim or grievance is denied under paragraph A., the applicable General Chairman has sixty (60) days to appeal the claim to the Company Officer designated to handle claims or the claim shall be considered waived. The Company Officer must decline the claim within sixty (60) days or the claim will be allowed. Failure to comply with the time limits under this Section will not be considered as a precedent on either party on similar grievances. C. If a claim remains denied under paragraph B., the decision is binding unless within six (6) months of the date of this written decision, proceedings are instituted by the organization to a tribunal having jurisdiction to dispose of said claim, pursuant to the Railway Labor Act. D. A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this Article, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty (30) days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. This rule recognizes the right of representatives of the Unions, parties hereto, to file, amend and progress claims and grievances for and on behalf of the employees they represent. F. Only claims that are appealed can serve as precedents. No resolution of any kind at the initial level will have any binding effect on either party. G. Time limits as defined under this Agreement may be extended at any level by mutual consent of the parties.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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CLAIMS OR GRIEVANCES. A. (a) Should any employee subject to this agreement believe he has been unjustly dealt with, or any of the provisions of this agreement have been violated, the case shall be taken to the officers designated in this rule, in their respective order, by the duly authorized local committee or their representative, and if stenographic report of investigation is taken the committee shall be furnished a copy. (b) All claims or grievances must be presented in writing by or on behalf of the employee involved involved, to the officer of the Company Carrier authorized to receive same, within sixty thirty (6030) working days from the date of the occurrence on which the claim or grievance is basedbased (with the exception of any appeal concerning discipline. (SEE RULE 29). Should any such claim or grievance be disallowed, the Company shall carrier shall, within sixty thirty (6030) working days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative representative) in writing of the reasons for such disallowance. In the event the Company fails to disallow the claim or grievance within the prescribed periodIf not so notified, the claim or grievance shall be allowedallowed as presented, but such allowance will this shall not be considered as a precedent or waiver of the Company's position contentions of the Carrier as to any other similar claims or grievances. B. (c) If the a disallowed claim or grievance is denied under paragraph A.to be appealed, such appeal must be in writing and must be taken within thirty (30) working days from receipt of notice of disallowance and the representative of the Carrier shall be notified in writing within that time, of the rejection of his decision. Failing to comply with this provision, the applicable General Chairman has sixty (60) days to appeal the claim to the Company Officer designated to handle claims or the claim matter shall be considered waived. The Company Officer must decline the claim within sixty (60) days or the claim will be allowed. Failure to comply with the time limits under as closed, but this Section will shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the thirty (30) working day period for either party on similar grievancesa decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. If a claim remains denied under paragraph B.(d) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision is binding of the highest officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within six (6) 9 months of from the date of this written decision, said officer’s decision proceedings are instituted by the organization employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to a tribunal having jurisdiction to dispose by the parties hereto as provided in Section 3 Second of said claim, pursuant to the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 months’ period herein referred to. D. (e) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant claimant-or claimants involved thereby shall, under this Articlerule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violationviolations, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty (30) working days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (f) This rule recognizes the right of representatives of the UnionsOrganizations, parties hereto, to file, amend file and progress prosecute claims and grievances for and on behalf of the employees they represent. F. Only (g) This agreement is not intended to deny the right of the employees to use any other lawful action for the settlement of claims that are appealed can serve as precedents. No resolution or grievances provided such action is instituted within 9 months of any kind at the initial level will have any binding effect on either partydate of the decision of the highest designated officer of the Carrier. G. Time limits (h) This rule shall not apply to request for leniency. (i) Should the highest designated railroad official, or his duly authorized representative, and the General Chairman or his duly authorized representative, fail to agree, the case may then be handled in accordance with the Railway Labor Act. (j) Prior to assertion of grievances as defined under herein provided, and while questions of grievances are pending, there will be neither a shutdown by the employer nor a suspension of work by the employees. (k) All conferences between local officials and local committees to be held during regular working hours without loss of time to committeemen. It is understood that “local committees” referred to in this Agreement may be extended at any level by mutual consent rule will consist of a committeeman and a second or assistant committeeman (one or the partiesother) if desired.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

CLAIMS OR GRIEVANCES. A. (a) All claims or grievances must be presented in writing by or on behalf of the employee involved involved, to the officer of the Company Carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative representative) in writing of the reasons for such disallowance. In the event the Company fails to disallow the claim or grievance within the prescribed periodIf not so notified, the claim or grievance shall be allowedallowed as presented, but such allowance will this shall not be considered as a precedent or waiver of the Company's position contentions of the Carrier as to any other similar claims or grievances. B. (b) If the a disallowed claim or grievance is denied under paragraph A.to be appealed, the applicable General Chairman has sixty (60) days to such appeal the claim to the Company Officer designated to handle claims or the claim shall must be considered waived. The Company Officer in writing and must decline the claim be taken within sixty (60) days or from receipt of notice of disallowance, and the claim will representative of the Carrier shall be allowednotified in writing within that time of the rejection of his decision. Failure Failing to comply with this provision, the time limits under matter shall be considered closed, but this Section will shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either party on similar grievancesa decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. If a claim remains denied under paragraph B.(c) The requirement outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision is binding or the highest officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within six nine (69) months of from the date of this written decision, said officer's decision proceedings are instituted by the organization employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to a tribunal having jurisdiction to dispose by the parties hereto as provided in Section 3 Second of said claim, pursuant to the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the nine (9) months' period herein referred to. D. (d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights right of the claimant or claimants involved thereby shall, under this Articlerule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty sixty (3060) days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (e) This rule recognizes the right of representatives of the UnionsOrganizations, parties party hereto, to file, amend file and progress prosecute claims and grievances for and on behalf of the employees they represent. F. Only (f) This agreement is not intended to deny the right of the employees to use any other lawful action for the settlement of their claims or grievances provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier. (g) This rule shall not apply to requests for leniency. (a) An employee in service more than sixty (60) days will not be disciplined or dismissed until after a fair and impartial investigation has been held. Such investigation shall be set promptly to be held not later than twenty (20) days from the date of the occurrence, except that are appealed can serve personal conduct cases will be subject to the twenty (20) day limit from the date information is obtained by an officer of the Carrier and except as precedentsprovided in (b) hereof. No resolution Personal conduct cases have reference to violation of any kind rules involving an individual's conduct such as dishonesty, immorality or vicious action. The date for holding an investigation may be postponed if mutually agreed to by the Carrier and the employee or his duly authorized representative, or upon reasonable notice for good and sufficient cause shown by either the Carrier or the employee. (b) In the ease of an employee who may be held out of service in cases involving serious infraction of rules pending investigation, the investigation shall be held within ten (10) days after date withheld from service. He will be notified in writing at the initial level will have any binding effect on either partytime held out of service of the precise reason therefor. G. Time limits (c) At least five (5) days' advance written notice of the investigation shall be given the employee and the General Chairman, in order that the employee may arrange for representation by a duly authorized representative and for the presence of necessary witnesses he may desire. The notice must specify the precise charge for which investigation is being held. The Carrier shall produce at the investigation all necessary employee witnesses who have direct personal knowledge of the matter under investigation. If the General Chairman or a member of his office desires to represent an employee at an investigation, it will be permissible for a local committeeman to also attend as defined under this Agreement a representative. Unless conditions or circumstances warrant other arrangements, efforts will be made to hold the investigation at the city where the employee is head quartered. (d) A decision shall be rendered within twenty (20) days following the investigation, and written notice of discipline will be given the employee, with copy to local organization's representative. (e) The employee and the duly authorized representative shall be furnished a copy of the transcript of investigation, within twenty (20) days. The employee or his representative will not be denied the right to take a stenographic or tape recording of the investigation. (f) The investigation provided for herein may be extended at any level waived by mutual consent the employee in writing, in the presence of a duly authorized representative. If the designated Carrier Officer agrees to grant the request, the employee will be advised of the partiesdiscipline to be assessed prior to being required to sign the request for waiver of formal investigation form. 1. The investigation will not be waived unless the form is signed by the employee under investigation, his duly authorized representative, and the designated Carrier Officer. 2. This procedure is entirely voluntary on the part of the employee under charge. 3. If waiver is not granted, the request shall not be referred to nor cited by either party during subsequent handling. 4. If signed, a copy of the executed form will be furnished the employee under charge and his duly authorized representative. 5. The discipline agreed to and assessed in connection with this provision is not subject to appeal by the employee or his duly authorized representative. (g) If it is found that an employee has been unjustly disciplined or dismissed, such discipline shall be set aside and removed from the record. He shall be reinstated with his seniority rights unimpaired, and be compensated for wage loss, if any, suffered by him, resulting from such discipline or suspension, less any amount earned during such period the disciplinary action was in effect. (h) The provisions of Rule 29 shall be applicable to the filing of claims and to appeals in discipline cases. (i) If investigation is not held or decision rendered within the time limits herein specified or as extended by agreed to postponement, the charges against the employee shall be considered as having been dismissed.

Appears in 1 contract

Samples: Schedule Agreement

CLAIMS OR GRIEVANCES. A. (a) All claims or grievances must be presented in writing by the employee or by a representative of the Organization party hereto on behalf of the employee involved involved, to the officer of the Company Carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative representative) in writing of the reasons for such disallowance. In the event the Company fails to disallow the claim or grievance within the prescribed periodIf not so notified, the claim or grievance shall be allowedallowed as presented, but such allowance will this shall not be considered as a precedent or waiver of the Company's position contentions of the Carrier as to any other similar claims or grievances. B. (b) If the a disallowed claim or grievance is denied under paragraph A.to be appealed, the applicable General Chairman has sixty (60) days to such appeal the claim to the Company Officer designated to handle claims or the claim shall must be considered waived. The Company Officer in writing and must decline the claim be taken within sixty (60) days or from receipt of notice of disallowance, and the claim will representative of the Carrier shall be allowednotified in writing within that time of the rejection of his decision. Failure Failing to comply with this provision, the time limits under this Section will matter shall be considered closed, but his shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either party on similar grievancesa decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. If a claim remains denied under paragraph B.(c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision is binding of the highest officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within six nine (69) months of from the date of this written decision, said officer's decision proceedings are instituted by the organization employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to a tribunal having jurisdiction to dispose by the parties hereto as provided in Section 3 Second of said claim, pursuant to the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the nine (9) months' period herein referred to. D. (d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this Articlerule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty sixty (3060) days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for the time lost shall be sufficient. E. (e) This rule recognizes agreement is not intended to deny the right of representatives the employees to use any other lawful action for the settlement of their claims or grievances provided such action is instituted within nine (9) months of the Unionsdate of the decision of the highest designated officer of the Carrier. (f) This rule shall not apply to requests for leniency. (a) An employee in service more than one hundred twenty (120) days will not be disciplined or dismissed until after a fair and impartial investigation has been held. Such investigation shall be set promptly to be held not later than twenty (20) days from the date of the occurrence, parties heretoexcept that personal conduct cases will be subject to the twenty (20) day limit from the date information is obtained by an officer of the Carrier and except as provided in (b) hereof. Personal conduct cases have reference to violation of rules involving an individual's conduct such as dishonesty, immorality or vicious action. The date for holding an investigation may be postponed if mutually agreed to fileby the Carrier and the employee or his duly authorized representative, amend or upon reasonable notice for good and progress sufficient cause shown by either the Carrier or the employee. (b) In the case of an employee who may be held out of service in cases involving serious infraction of rules pending investigation, the investigation shall be held within ten (10) days after date withheld from service. He will be notified in writing at the time held out of service of the precise reason therefor. (c) At least five (5) day's advance written notice of the investigation shall be given the employee and the General Chairman, in order that the employee may arrange for representation by a duly authorized representative and for the presence of necessary witnesses he may desire. The notice must specify the precise charge for which investigation is being held. The Carrier shall produce at the investigation all necessary employee witnesses who have direct personal knowledge of the matter under investigation. If the General Chairman or a member of his office desires to represent an employee at an investigation, it will be permissible for a local committeeman to also attend as a representative. Unless conditions or circumstances warrant other arrangements, efforts will be made to hold the investigation at the city where the employee is headquartered. (d) A decision shall be rendered within twenty (20) days following the investigation, and written notice of discipline will be given the employee, with copy to local organization's representative. (e) The employee and the duly authorized representative shall be furnished a copy of the transcript of investigation, within twenty (20) days. The employee or his representative will not be denied the right to take a stenographic or tape recording of the investigation. (f) The investigation provided for herein may be waived by the employee in writing in the presence of a duly authorized representative. If the designated Carrier Officer agrees to grant the request, the employee will be advised of the discipline to be assessed prior to being required to sign the request for waiver of formal investigation form. (1) The investigation will not be waived unless the form is signed by the employee under investigation, his duly authorized representative, and the designated Carrier Officer. (2) This procedure is entirely voluntary on the part of the employee under charge. (3) If waiver is not granted, the request shall not be referred to nor cited by either party during subsequent handling. (4) If signed, a copy of the executed form will be furnished the employee under charge and his duly authorized representative. (5) The discipline agreed to and assessed in connection with this provision is not subject to appeal by the employee or his duly authorized representative. (g) If it is found by the Carrier that an employee has been unjustly disciplined or dismissed, such discipline shall be set aside and removed from the record. He shall be reinstated with his seniority rights unimpaired, and be compensated for wage loss, if any, suffered by him, resulting from such discipline or suspension, less any amount earned during such period the disciplinary action was in effect. (h) The provisions of Rule 24 shall be applicable to the filing of claims and grievances for and on behalf of the employees they representto appeals in discipline cases. F. Only claims that are appealed can serve (i) If investigation is not held or decision rendered within the time limits herein specified, or as precedents. No resolution of any kind at extended by agreed to postponement, the initial level will have any binding effect on either partycharges against the employee shall be considered as having been dismissed. G. Time limits as defined under this Agreement may be extended at any level by mutual consent of the parties.

Appears in 1 contract

Samples: Telecommunications Agreement

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CLAIMS OR GRIEVANCES. A. (a) All claims or grievances must be presented in writing by or on behalf of the employee involved involved, to the officer of the Company Carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Company shall Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative representative) in writing of the reasons for such disallowance. In the event the Company fails to disallow the claim or grievance within the prescribed periodIf not so notified, the claim or grievance shall be allowedallowed as presented, but such allowance will this shall not be considered as a precedent or waiver of the Company's position contentions of the Carrier as to any other similar claims or grievances. B. (b) If the a disallowed claim or grievance is denied under paragraph A.to be appealed, the applicable General Chairman has sixty (60) days to such appeal the claim to the Company Officer designated to handle claims or the claim shall must be considered waived. The Company Officer in writing and must decline the claim be taken within sixty (60) days or from receipt of notice of disallowance, and the claim will representative of the Carrier shall be allowednotified in writing within that time of the rejection of his decision. Failure Failing to comply with this provision, the time limits under matter shall be considered closed, but this Section will shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either party on similar grievancesa decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. If a claim remains denied under paragraph B.(c) The requirements outlined in paragraphs (a) and (b) pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision is binding of the highest officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within six nine (69) months of from the date of this written decision, said officer’s decision proceedings are instituted by the organization employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to a tribunal having jurisdiction to dispose by the parties hereto as provided in Section 3 Second of said claim, pursuant to the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the nine (9) months’ period herein referred to. D. (d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this Articlerule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, violation if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than thirty sixty (3060) days prior to the filing thereof. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (e) This rule recognizes the right of representatives of the UnionsOrganization, parties hereto, to file, amend file and progress prosecute claims and grievances for and on behalf of the employees they represent. F. Only (f) This Agreement is not intended to deny the right of the employees to use any other lawful action for the settlement of claims that or grievances provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier. (g) This rule shall not apply to requests for leniency. (h) Conferences between local officials and local committees will be held during the regular working hours of the day shift without loss of time to committeemen, providing such conferences are appealed can serve as precedents. No resolution of any kind held at the initial level will have any binding effect on either partypoint where committeemen are employed. G. Time limits (i) Prior to assertion of grievances as defined under this Agreement herein provided, and while questions of grievances are pending, there will neither be a shutdown by the employer nor a suspension of work by the employees. (a) An employee in service more than sixty (60) days will not be disciplined or dismissed until after a fair and impartial investigation has been held. Such investigation shall be set promptly to be held not later than twenty (20) days from the date of the occurrence, except that personal conduct cases will be subject to the twenty (20) day limit from the date information is obtained by an officer of the Carrier and except as provided in (b) hereof. Personal conduct cases have reference to violation of rules involving an individual’s conduct such as dishonesty, immorality or vicious actions. The date for holding an investigation may be extended postponed if mutually agreed to by the Carrier and the employee or his duly authorized representative, or upon reasonable notice for good and sufficient cause shown by either the Carrier or the employee. (b) In the case of an employee who may be held out of service in cases involving serious infraction of rules pending investigation, the investigation shall be held within ten (10) days after date withheld from service. He will be notified in writing at any level by mutual consent the time held out of service the precise reason therefor. (c) At least five (5) days’ advance written notice of the partiesinvestigation shall be given the employee and the appropriate local organization representative, in order that the employee may arrange for representation by a duly authorized representative and for presence of necessary witnesses he may desire. The notice must specify the precise charge for which investigation is being held. The Carrier shall produce at the investigation all necessary employee witnesses who have direct personal knowledge of the matter under investigation. If the General Chairman or a member of his office desires to represent an employee at an investigation, it will be permissible for a local committeeman to also attend as a representative. Unless conditions or circumstances warrant other arrangements, efforts will be made to hold the investigation at the city where the employee is headquartered. (d) A decision shall be rendered within twenty (20) days following the investigation, and written notice of discipline will be given the employee, with copy to local organization’s representative. (e) The employee and the duly authorized representative shall be furnished a copy of the transcript of investigation within twenty (20) days. The employee or his representative will not be denied the right to take a stenographic or tape recording of the investigation. (f) The investigation provided for herein may be waived by the employee in writing, in the presence of a duly authorized representative. If the designated Carrier Officer agrees to grant the request, the employee will be advised of the discipline to be assessed prior to being required to sign the request for waiver of formal investigation form. (1) The investigation will not be waived unless the form is signed by the employee under investigation, his duly authorized representative, and the designated Carrier Officer. (2) This procedure is entirely voluntary on the part of the employee under charge. (3) If waiver is not granted, the request shall not be referred to nor cited by either party during subsequent handling. (4) If signed, a copy of the executed form will be furnished the employee under charge and his duly authorized representative. (5) The discipline agreed to and assessed in connection with this provision is not subject to appeal by the employee or his duly authorized representative. (Sample form for waiver of investigation page 33.) (g) If it is found that an employee has been unjustly disciplined or dismissed, such discipline shall be set aside and removed from the record. He shall be reinstated with his seniority rights unimpaired, and be compensated for wage loss, if any, suffered by him, resulting from such discipline or suspension, less any amount earned during such period the disciplinary action was in effect. An employee who is suspended or dismissed from service and is thereafter awarded full back pay for all time lost as a result of such suspension will be covered under the Insurance Plans as if he or she had not been suspended or dismissed in the first place. (h) The provisions of Rule 34 shall be applicable to the filing of claims and to appeals in discipline cases. (i) If investigation is not held or decision rendered within the time limits herein specified, or as extended by agreed to postponement, the charges against the employee shall be considered as having been dismissed.

Appears in 1 contract

Samples: Brotherhood Railway Carmen Schedule Agreement

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