Common use of DISCHARGE OR SUSPENSION Clause in Contracts

DISCHARGE OR SUSPENSION. The Employer shall not discharge or suspend any employees without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of same to the Local Union affected, except that no warning notice need be given to an employee before he is discharged, if the cause of such discharge is dishonesty or drunkenness or recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period longer than outlined in the “Uniform Rules and Regulations.” Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union may request a hearing as to an employee’s discharge, suspension or any disciplinary action. Should such hearing prove that an injustice has been done an employee, he shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union affectedUnion, except that no warning notice need be given to an employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, drinking alcoholic beverages or drunkenness being under the influence of drugs or in illegal possession of drugs during the workday (including meal period) or drunkenness, recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Employees given notice of discharge Except for committing an offense for which serious accidents, a prior warning letter is required, driver will not be separated removed from employment until after the Employerpayroll during an investigation of an accident. The driver can be assigned to non-driving work during this period. Before disciplinary action is taken, the Local Union and the employee have reviewed the facts involved. Such a meeting shall be held within seventy-with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (722) hours after request of weeks to give the Employer, excluding Saturdays, Sundays and paid holidaysLocal Union the opportunity to intervene prior to the action being taken. The warning notice notice, suspension or discharge as herein provided shall not remain in effect for a period longer of more than outlined in nine (9) months from the “Uniform Rules and Regulations.” Discharge date of said warning notice, suspension or discharge. Any disciplinary action must be by proper written notice to the employee and the Local Union affected. The Local Union Disciplinary letters must be issued by the Company within ten (10) working days after the incident. Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and C.P.A.P.G.C. or the appropriate Area Joint Arbitration Committee impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning noticedischarge. If An employee shall be given a copy of any Company form or document signed by the employees involved are employee if requested. The Company will not within the home terminal area when the action of discharge, suspension use absenteeism or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for accidents in Article 7 of the National Master Automobile Transporters Agreementconjunction with any other disciplinary action.

DISCHARGE OR SUSPENSION. A. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to an any employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, or drunkenness being under the influence of alcoholic beverages, or recklessness taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or ille- gal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice , or failure to report an accident, or punching a time card other than employee’s own for the purpose of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysstealing time. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing an investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board reinstated and compensated at his/her usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lostpay while he/she has been out of work. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty fifteen (3015) days from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty fifteen (3015) days, the case shall then be taken up as provided for in Article 7 46 of this Agree- ment. There shall be an immediate notification in writing by the company to the officers of the National Master Automobile Transporters AgreementUnion and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employ- ee involved within ten (10) days of’ said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a vio- lation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the em- ployee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

DISCHARGE OR SUSPENSION. A. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to an any employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, or drunkenness being under the influence of alcoholic beverages, or recklessness taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice , or failure to report an accident, or punching a time card other than employee’s own for the purpose of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysstealing time. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing an investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board reinstated and compensated at his/her usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lostpay while he/she has been out of work. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty fifteen (3015) days from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty fifteen (3015) days, the case shall then be taken up as provided for in Article 7 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the National Master Automobile Transporters AgreementUnion and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or suspend any employees employee without just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employee to the employeeemployee personally, or in writing, and a copy of the same to the Local Union affected, affected except that no warning notice need be given to an employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dis- honesty or drunkenness or drinking during working hours (includ- ing lunch time and/or break periods), recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice notice, as herein provided shall not remain in effect for a period longer of more than outlined in nine (9) months from the “Uniform Rules and Regulations.” date the employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing investigation by the Employer and the Union prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, If the Employer and the appropriate Union are unable to agree on reinstatement, the matter may be referred to the New England Area Joint Arbitration Parcel Grievance Committee under the terms of this Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees employee involved are is not within the home terminal Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, their the ten (10)-day 10) day period will start from the date of their his/her return to the home terminalOperating Center, Subcenter or Hub. If no decision deci- sion has been rendered on the appeal within thirty (30) days, the case shall may then be taken up as provided for in Article 7 48 of the National Master Automobile Transporters Agreement.this Agreement.‌‌‌

DISCHARGE OR SUSPENSION. A. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to an any employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, or drunkenness being under the influence of alcoholic beverages, or recklessness taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or ille- gal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice , or failure to report an accident, or punching a time card other than employee’s own for the purpose of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysstealing time. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing an investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board reinstated and compensated at his/her usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lostpay while he/she has been out of work. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty fifteen (3015) days from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty fifteen (3015) days, the case shall then be taken up as provided for in Article 7 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the National Master Automobile Transporters AgreementUnion and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge. B. Employees absent from work for three (3) consecutive days with- out properly notifying the Employer will be considered to have vol- untarily quit.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or suspend any employees without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of same to the Local Union affected, except that no warning notice need be given to an employee before he is discharged, if the cause of such discharge is dishonesty or drunkenness or recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period longer than outlined in the “"Uniform Rules and Regulations.” " Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union may request a hearing as to an employee’s 's discharge, suspension or any disciplinary action. Should such hearing prove that an injustice has been done an employee, he shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement. "Uniform Rules and Regulations" with respect to disciplinary action as set forth in Article 64 of this Part II shall prevail in the application and interpretation of this Article regardless of any provisions of this Agreement to the contrary.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or nor suspend any employees employee without just cause, ; but in respect to discharge or suspension without the consent of the Union shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of same to the Local Union affected, except that no warning notice need be given to an employee before he is discharged, discharged if the cause of such discharge is dishonesty failure to meet the minimum requirements for safe driving under paragraph 391.25 of the Motor Carriers Safety Regulations issued by the Department of Transportation, unprovoked physical assault on a Company supervisoranyone while on duty or drunkenness on Company property, dishonesty, drinking on duty, reporting to work under the influence of intoxicating liquor, drug intoxication, as provided in Article 35, Section 3 of the National Master Freight Agreement, failing to report an accident, deliberate off-route operations, proper cancellation of surety bond or recklessness resulting in a serious accident while on duty, duty or the carrying of unauthorized passengers. Employees given notice of discharge for , intentionally committing an offense for which a prior warning letter is required, will not be separated from employment until after malicious damage to the Employer’s equipment or property, or has intentionally abandoned his equipment, or sexual harassment – ability of Employer to take employee out of service immediately for proven sexual harassment. Warning letters must be presented or postmarked no later than ten (10) days following the Local Union and Employer’s knowledge of the employee have reviewed the facts involvedviolation except in those cases where a letter of investigation was issued within such ten (10) day period. Such meeting Letters of investigation for accidents shall be held within seventy-two valid for forty (7240) hours after request calendar days from the date of the Employer, excluding Saturdays, Sundays and paid holidaysaccident. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his discharge or any disciplinary actionsuspension. Should such hearing investigation prove that an injustice has been done an employee, he shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, State Committee and the appropriate Eastern Region Joint Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice letter must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension discharge or warning noticesuspension. If the employees employee involved are is not within the home terminal area when the action of discharge, suspension suspension, or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement.ten

DISCHARGE OR SUSPENSION. (A) The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union affectedUnion, except that no warning notice need be given to an employee before he is discharged, discharge if the cause of such discharge is dishonesty xxxxxx- xxxx, drinking of or drunkenness under the influence of alcoholic beverage or nar- cotics, including hallucinogens while on duty, carrying or permit- ting the carrying of drugs or narcotics on his/her person, or equip- ment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, or the carrying an avoidable runaway accident, failure to report an accident, carry- ing of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is requiredpassengers while on the job, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. or engaging in unprovoked physical violence on Company property or while on duty.‌ The warning notice as herein provided shall be given to the employ- ee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period longer of more than outlined nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in the “Uniform Rules dis- ciplinary action up to and Regulationsincluding discharge.” (C) Discharge or suspension must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an inves- tigation as to an employee’s discharge, suspension said discharge or any disciplinary actionsuspension. Should such hearing investiga- tion prove that an injustice has been done an employee, he the employ- ee shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, S.R.A.P.G.C. and the appropriate Area Joint Arbitration Committee impartial arbitrator shall have the authority to order full, partial partial, or no compensation for time lost. Appeal The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension suspension, or warning notice must be taken within ten (10) working days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees involved are not employee fails to grieve the discipline as stated above within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement.ten

DISCHARGE OR SUSPENSION. The Employer Company shall not discharge or suspend any employees associate without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee associate to the employeeassociate, in writing, and a copy of same to the Local Union affectedUnion, except that no warning notice need be given to an employee associate before he is discharged, discharged if the cause of such discharge is dishonesty or drunkenness or dishonesty, drunkenness, use of illegal drugs, recklessness resulting in a serious accident while on duty, or the carrying making threats of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after physical harm to any person(s) employed by the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in 12 months from the “Uniform Rules and Regulations.” date of said warning notice. Discharge must be by proper written notice to the employee associate and the Local Union affectedUnion. The Local Union Any associate may request a hearing an investigation as to an employee’s discharge, suspension his discharge or any disciplinary actionsuspension. Should such hearing investigation prove that an injustice has been done an employeeassociate, he that associate shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee Company shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, suspension suspension, or warning notice notices must be taken within ten (10) 10 days by written notice and a decision reached within thirty (30) 30 days from the date of discharge, suspension or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) 30 days, the case shall then be taken up as provided for in Article 7 the Grievance Procedure. The Company will make every effort to give written notice of discipline, suspension or warning within 10 days of the National Master Automobile Transporters Agreementoccurrence giving rise to the discipline or of the Company's knowledge of such occurrence. Failure to give notice within 10 days, where the delay is excusable or reasonable under the circumstances, will not bar the imposition of discipline. The Company may request an associate to take a medical test to determine whether the associate was under the influence of intoxicating liquor or drugs, and an associate's refusal to submit to such test may be considered as a presumption that the associate was under the influence. Such tests will be based on the following: reasonable suspicion, or post-accident, or as a result of selection under the Company's random drug and substance testing program.

DISCHARGE OR SUSPENSION. A. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to an any employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, or drunkenness being under the influence of alcoholic beverages, or recklessness taking of or being under the influence of non- prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice , or failure to report an accident, or punching a time card other than employee's own for the purpose of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysstealing time. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing an investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board reinstated and compensated at his/her usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lostpay while he/she has been out of work. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty fifteen (3015) days from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty fifteen (3015) days, the case shall then be taken up as provided for in Article 7 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the National Master Automobile Transporters AgreementUnion and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of' said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

DISCHARGE OR SUSPENSION. The Employer or its agent shall not discharge or nor suspend any employees employee without just cause, cause but in respect to discharge or suspension unlessunles otherwise stated in thithis Agreement shall give at least one (1) warning notice of the complaint against such employee to the employee, employee in writing, writing and a copy of the same to the Local Union affected, and Union xxxxxxx affected except that no warning notice need be given to an employee before he is discharged, discharged if the cause of such discharge is dishonesty or drunkenness drunkennessdrunkennes assault or recklessness grossgros insubordination recklessnesrecklessness resulting in a serious accident while on duty, duty or wilful destruction or defacement of property either owned or leased by the carrying Employer and for COFFCEVFW1N\WPOOCS\LABOR\TEAMS958.WPO FEI 53195 Case 1:03-cv-02006-EGS Document 463-11 Filed 03/11/09 Page 9 of unauthorized passengers. Employees given notice of discharge for committing an offense for 22 shall not remain in effect which a prior warning letter it is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysresponsible. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” one season. The Union xxxxxxx will be given copiescopie of all warning notices. Discharge must be by proper written notice to the employee affected and the Local Union affectedUnion. The Local Union xxxxxxx will be permitted to be present when an employee is discharged that is feasible. Any employee may request a hearing an investigation as to an employee’s discharge, suspension his if discharge or any disciplinary actionsuspension. Should such hearing investigation prove that an injustice has been done an employee, employee he shall be reinstated. The Article 7, Section 9 Board reinstated and compensated at his usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lostpay while he has been out of work. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days 10 daysday by written notice and a decision reached within thirty (30) days fifteen 15 daysday from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty (30) days, fifteen 15 daysday the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters AgreementGrievance Procedure.

DISCHARGE OR SUSPENSION. A. The Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to an any employee before he is discharged, they are discharged if the cause of such discharge dis- charge is dishonesty dishonesty, or drunkenness being under the influence of alcoholic beverages, or recklessness taking of or being under the influence of non-pre- scribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equip- ment or on Company premises, or on Company time, or unpro- voked physical abuse or bodily harm to a Supervisor or other em- ployee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice , or failure to re- port an accident, or punching a time card other than employee’s own for the purpose of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidaysstealing time. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension their discharge or any disciplinary actionsuspension. Should such hearing an investigation prove that an injustice has been done an employee, he they shall be reinstated. The Article 7, Section 9 Board re- instated and compensated at their usual rate of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall pay while they have the authority to order full, partial or no compensation for time lostbeen out of work. Appeal from discharge, discharge or suspension or warning notice must be taken tak- en within ten (10) days by written notice and a decision reached within thirty fifteen (3015) days from the date of discharge, suspension discharge or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminalsuspension. If no decision has been rendered on the appeal within thirty fifteen (3015) days, the case shall then be taken up as provided for in Article 7 46 of this Agree- ment. There shall be an immediate notification in writing by the company to the officers of the National Master Automobile Transporters Agreement.Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of’ said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine

DISCHARGE OR SUSPENSION. The Subject to the provisions of Article 8 of the ABF Master Freight Agreement, the Employer shall not discharge or nor suspend any employees employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that that, no warning notice need be given to an employee before he is discharged, discharged if the cause of such discharge is proven dishonesty or drunkenness intoxication, which may be verified by an alcohol or drug test. Refusal to take an alcohol or drug test shall establish a presumption of intoxication. Extension of a coffee break or lunch period for a minimal amount of time shall not be considered dishonesty per se, and will require at least one (1) warning notice prior to discharge or suspension. Prior warning notice is not required if the cause of discharge is: drug intoxication as provided in Article 35, Section 3, of the ABF Master Freight Agreement; the possession of controlled substances and/or drugs either while on duty or on company property; that an employee has intentionally committed malicious damage to the Employer’s equipment or property; that an employee has intentionally abandoned his equipment; proven sexual harassment; recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers; failure to report any accident which the employee is aware of; failure to meet the minimum requirements for safe driving under Paragraph 391.25 of the Motor Carriers Safety Regulations issued by the Department of Transportation; or unprovoked physical assault on a company supervisor while on duty or on company property. Employees given notice of discharge for committing an offense for which a prior warning letter is requiredWarning letters must be presented to the employee, will not emailed to the union and all discipline must be separated from employment until after postmarked no later than ten (10) days following the Employer’s knowledge of the violation, the Local Union and the employee have reviewed the facts involvedexcept in those cases where a letter of investigation was issued within such ten (10) day period. Such meeting Letters of investigation for accidents shall be held within seventy-two valid for forty (7240) hours after request calendar days from the date of the Employer, excluding Saturdays, Sundays and paid holidaysaccident. The warning notice as herein provided shall not remain in effect for a period longer of more than outlined in the “Uniform Rules and Regulations.” Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union may request a hearing as to an employee’s discharge, suspension or any disciplinary action. Should such hearing prove that an injustice has been done an employee, he shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement.nine

DISCHARGE OR SUSPENSION. The Employer shall not discharge or suspend any employees without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee em- ployee to the employee, in writing, and a copy of same to the Local Union affected, except that no warning notice need be given to an employee before he is discharged, discharged if the cause of such discharge is dishonesty or drunkenness or recklessness resulting in a serious accident acci- dent while on duty, or the carrying of unauthorized passengers, or, for employees hired after June 1, 1985, material falsification of an employment application. Employees given notice of discharge for committing an offense for which a prior warning letter is required, required will not be separated from employment until after the Employer, the Local Union and the employee em- ployee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period longer than outlined in the “Uniform Rules and RegulationsRegula- tions.” Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union may request a hearing as to an employee’s discharge, suspension or any disciplinary action. Should such hearing prove that an injustice has been done an employeeem- ployee, he shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and the appropriate Area Joint Arbitration Committee shall have the authority au- thority to order full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice notice, and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees employee involved are is not within the home terminal area when the action of discharge, suspension or warning notice is taken, their the ten (10)-day 10) day period will start from the date of their his return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for in Article 7 of the National Master Automobile Transporters Agreement. “Uniform Rules and Regulations” with respect to disciplinary ac- tion covering the Area as approved by the Joint Area Committee shall prevail in the application and interpretation of this Article re- gardless of any provisions of this Agreement to the contrary.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or suspend any employees without employee with- out just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employee to the employeeemployee personally, or in writing, and a copy of the same to the Local Union affected, affected except that no warning notice need be given to an employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dis- honesty or drunkenness or drinking during working hours (includ- ing lunch time and/or break periods), recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, will not be separated from employment until after the Employer, the Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of the Employer, excluding Saturdays, Sundays and paid holidays. The warning notice no- xxxx, as herein provided shall not remain in effect for a period longer of more than outlined in nine (9) months from the “Uniform Rules and Regulations.” date the employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Local Union affected. The Local Union Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her discharge or any disciplinary actionsuspension. Should such hearing investigation by the Employer and the Union prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, If the Employer and the appropriate Union are unable to agree on reinstatement, the matter may be referred to the New England Area Joint Arbitration Parcel Grievance Committee under the terms of this Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. If the employees employ- ee involved are is not within the home terminal Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, their the ten (10)-day 10) day period will start from the date of their return his/her re- turn to the home terminalOperating Center, Subcenter or Hub. If no decision has been rendered on the appeal within thirty (30) days, the case shall may then be taken up as provided for in Article 7 48 of the National Master Automobile Transporters this Agreement.

DISCHARGE OR SUSPENSION. The Employer shall not discharge or nor suspend any employees without employee with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee employ- ee to the employee, in writing, and a copy of the same to the Local Union affectedUnion, except that no warning notice need be given to an employee before he he/she is discharged, discharged if the cause of such discharge is dishonesty dishonesty, drinking alcoholic beverages or drunkenness being under the influence of drugs or in illegal possession of drugs during the workday (including meal period) or drunkenness, recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Employees given notice of discharge Except for committing an offense for which serious acci- dents, a prior warning letter is required, driver will not be separated removed from employment until after the Employerpayroll during an investigation of an accident. The driver can be assigned to non- driving work during this period. Before disciplinary action is taken, the Local Union and the employee have reviewed the facts involved. Such a meeting shall be held within seventy-with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (722) hours after request of weeks to give the Employer, excluding Saturdays, Sundays and paid holidaysLocal Union the opportunity to intervene prior to the action being taken. The warning notice warn- ing notice, suspension or discharge as herein provided shall not remain in effect for a period longer of more than outlined in nine (9) months from the “Uniform Rules and Regulations.” Discharge date of said warning notice, suspension or discharge. Any disciplinary action must be by proper written notice to the employee and the Local Union affected. The Local Union Disciplinary letters must be issued by the Company within ten (10) working days after the inci- dent. Any employee may request a hearing an investigation as to an employee’s discharge, suspension his/her dis- charge or any disciplinary actionsuspension. Should such hearing investigation prove that an injustice has been done an employee, he he/she shall be reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and C.P.A.P.G.C. or the appropriate Area Joint Arbitration Committee impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge, discharge or suspension or warning notice must be taken within ten (10) days by written writ- ten notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning noticedischarge. If An employee shall be given a copy of any Company form or document signed by the employees involved are employee if requested.‌‌ The Company will not within the home terminal area when the action of discharge, suspension use absenteeism or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within thirty (30) days, the case shall then be taken up as provided for accidents in Article 7 of the National Master Automobile Transporters Agreementconjunction with any other disciplinary action.