Common use of Discipline and Grievances Clause in Contracts

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigation. The employee or his/her Union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An 10.1 No discrimination will be made in the employment, retention, or conditions of employment of employees because of membership or non-membership in labour organizations. 10.2 No employee having six months shall be disciplined, discharged, or more seniority will not be disciplined or discharged have their employment terminated for any reason until he/she has had a fair and impartial investigation. investigation and his/her responsibility established. 10.3 Investigations in connection with alleged irregularities will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. When an employee is not held out of service, the investigation will be held if practicable during his/her regular working hours. He/she will be given at least one one (1) day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the Railway, an officer who may be on the grounds premises when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 . An employee maywill not be required to make statements on matters affecting the Agreement, if heCompany working rules, policies, procedures, or compensation without the Local President/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigationUnit Chairperson or authorized committee person present. The employee or his/her and the Local Union representative shall will be given furnished with a copy of the employee's statement. The decision will be rendered as quickly as possible but in any event not later than twenty-one (21) calendar days from the date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision Following that investigation, the Company will not be allowed to conduct the investigation anew into the circumstances of the initial investigation 10.4 When discipline is recorded against an employee, he/she and the authorized Union representative will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigatednotified in writing. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 10.5 Should an employee be exonerated, he/she shall be paid at schedule rates their regular rate of pay for any time lost, if any one (one 1) day for each 24 twenty-four (24) hours), less any amount earned in other employment. If away from home he/she home, employees shall, on the production of receipts, be reimbursed for reasonable expenses incurred in connection with for travelling to and from the investigation. 9.7 When discipline is recorded against an employee he/she (a) Any written reprimand, warning or caution, or the like, will be advised.removed from the employee's record following a period of ten

Discipline and Grievances. (a) An employee having six (6) months or more seniority service will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations the charges against him have been investigated. (b) Investigation will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation ( not exceeding three (3) working days) and notice provided to the Local Chairperson. He/she will be given at least one day's twenty-four (24) hours’ notice of the investigation and notified of the charges against him/hermatter being investigated. However, an the proper officer of the Company, who may be on the grounds ground when the cause for the investigation occurs occurs, may hold an immediate investigation. 9.3 . An employee may, if he/she . If he so desires, have the assistance of a fellow employee and/or an or the accredited representative Representative at any investigation, and shall be furnished with a copy of the Union his own statement, if made a matter of record at the investigation. The employee or his/her Union representative shall be given a A copy of such statement will also be furnished to the employee's statement and National Representative on request copies of all evidence takenrequest. 9.4 (c) The decision will be rendered within twenty-eight (28) days from the date the investigation is completed. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigateddismissal offences. 9.5 (d) If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance commencing with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 2 of the grievance procedure, within twenty-eight (28) calendar days from the date the employee is advised of such decision. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in this case will be made available to the caseSenior System General Chairman. 9.6 (e) Should an the employee be exonerated, he/she he shall be paid at schedule rates wages for time lost, lost if any (one day eight (8) hours’ pay for each 24 twenty-four (24) hours), ) less any amount earned in other employmentearnings derived from outside employment during the period so compensated. If the investigation was away from form home he/she he shall, on production of receipts, be reimbursed reasonable expenses, including those for reasonable expenses incurred in connection with travelling to and from the investigation. 9.7 When discipline is recorded against (f) A grievance concerning the interpretation, or alleged violation of this Agreement, or an appeal by an employee he/she who believes that he has been unjustly dealt with shall be processed in the following manner: Within fourteen (14) calendar days from the date of cause of grievance the employee and/or the Local Representative may present the grievance into the immediate supervisor who will be advisedgive a decision in writing as soon as possible but in any cases within fourteen (14) calendar days of receipt of grievance.

Discipline and Grievances. (a) An employee having six (6) months or more seniority service will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations the charges against him have been investigated. (b) Investigation will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation (not exceeding three (3) working days) and notice provided to the Local Chairperson. He/she will be given at least one day's twenty-four (24) hours’ notice of the investigation and notified of the charges against him/hermatter being investigated. However, an the proper officer of the Company, who may be on the grounds ground when the cause for the investigation occurs occurs, may hold an immediate investigation. 9.3 . An employee may, if he/she he so desires, have the assistance of a fellow employee and/or an or the accredited representative Representative at any investigation, and shall be furnished with a copy of the Union his own statement, if made a matter of record at the investigation. The employee or his/her Union accredited representative shall will be given compensated his regular wages up to a maximum of one days lost wages. A copy of such statement will also be furnished to the employee's statement and National Representative on request copies of all evidence takenrequest. 9.4 (c) The decision will be rendered within twenty-eight (28) days from the date the investigation is completed. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigateddismissal offences. 9.5 (d) If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance commencing with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 2 of the grievance procedure, within twenty-eight (28) calendar days from the date the employee is advised of such decision. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in this case will be made available to the caseSenior System General Chairman. 9.6 (e) Should an the employee be exonerated, he/she he shall be paid at schedule rates wages for time lost, lost if any (one day eight (8) hours’ pay for each 24 twenty-four (24) hours), ) less any amount earned in other employmentearnings derived from outside employment during the period so compensated. If the investigation was away from form home he/she he shall, on production of receipts, be reimbursed reasonable expenses, including those for reasonable expenses incurred in connection with travelling to and from the investigation. 9.7 When discipline is recorded against (f) A grievance concerning the interpretation, or alleged violation of this Agreement, or an appeal by an employee he/she who believes that he has been unjustly dealt with shall be processed in the following manner: Step 1 Within twenty-eight (28) calendar days from the cause of the grievance the Local Representative or his designate may present the grievance in writing to the appropriate Manager, who will give a decision as soon as possible, but in any case within twenty eight (28) calendar days of receipt of the grievance. Step 2 Within 28 calendar days of receiving a decision at Step 1, the General Chairman and/or his designate may appeal in writing to the Director of Operations of the Toronto Terminals Railway. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of this Agreement the statement shall identify the specific provisions involved. A decision will be advisedrendered within 28 calendar days of receipt of appeal. (g) A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal by an employee that he had been unjustly disciplined or discharged, and which is not settled at the highest level of the Grievance Procedure may be referred by either party to a single arbitrator for final binding settlement without stoppage of work. (h) The party requesting arbitration must so notify the other party in writing within sixty (60) calendar days following the date the decision was rendered at the last step of the Grievance Procedure. (i) Within forty-five (45) calendar days of date of receipt of a request for arbitration the parties shall endeavor to agree on the name of the arbitrator, it being understood that preference will be given to the arbitrator chairing, at the same time, the Canadian Railway Office of Arbitrator. If an agreement is not reached, the party requesting arbitration may then request the Minister of Labour to appoint an arbitrator and advise the other party accordingly. Such request to the Minister of Labour must be made no later than fourteen (14) calendar days following the 45- day period referred to in this paragraph. (j) A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement allegedly violated, shall be jointly submitted to the Arbitrator in advance of the date of the hearing. In the event the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate Statement of Issue to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party. (k) The hearing shall be held by the Arbitrator in Toronto in the office of the Company unless otherwise mutually arranged, or unless the Arbitrator deems it advisable because of special circumstances to hold the hearings elsewhere. (l) At the hearing before the Arbitrator, argument may be given orally and/or in writing, each party may call such witnesses as it deems necessary. (m) The decision of the Arbitrator shall be rendered in writing to both partied within thirty (30) calendar days of the completion of the arbitration hearing and shall be final and binding upon the parties. (n) Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the Arbitrator and he shall have no power to add to or to subtract from, or modify any of the terms of this Agreement. (o) Each party shall respectively bear any expenses each had incurred in the presentation of the case to the Arbitrator however both parties will equally share the fees and expenses of the Arbitrator. (p) The settlement of a grievance shall not, under any circumstances involve retroactive pay beyond a period of sixty (60) calendar days prior to the date that such grievance was submitted at Step 1 of the grievance procedure. (q) When a grievance is not progressed by the Union within the prescribed time limits it shall be considered as dropped. When the appropriate office of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the date the last such decision was due, except as otherwise provided in Clause (r) below. (r) When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this Clause will not constitute an interpretation of the Agreement. (s) The time limits as provided herein may be extended by mutual agreement between the parties. (t) Prior to adjudication of final disposition of a grievance there shall be neither a shutdown by the Company nor a work stoppage by the employees.

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possible. (b) . When a discipline assessment will be only a reprimand, warning, warning or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisorsupervisor or union representative, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 . An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 . An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union union at the investigation. The employee or his/her Union union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 . An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. The decision will be rendered as early as possible, possible but not later than 28 (28) calendar days from the date the statement is taken from the employee being investigated. 9.5 . If the decision is considered unjust an appeal may be made in writing within 28 (28) calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the Assistant General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 . Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day (Id)ay for each 24 (24) hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 . When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An 8.1 No employee having six months shall be disciplined, discharged, or more seniority will not be disciplined or discharged have their employment terminated for any reason until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possibleinvestigation and his/her responsibility established. (ba) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. (b) When an investigation is to be held, each employee whose presence is desired will be notified of the time, place, and subject matter of the investigation. He/she Except as otherwise provided in this Article, when an investigation is to be held, the employee will be given at least one day's notice of the investigation and will be notified of the charges against him/hertime, place, and subject matter of such investigation. HoweverThis shall not be construed to mean that the proper officer of the Company, an officer who may be on the grounds premises when the cause for such investigation occurs may hold occurs, shall be prevented from holding an immediate investigation. 9.3 An . Following that investigation, the Company will not be allowed to conduct the investigation anew into the circumstances of the initial investigation. When employees are required to make any formal statements on matters affecting the Agreement, Company policies, procedures, or working rules or compensation, a duly authorized representative shall be present. When employees are required to make statements on matters not affecting the Agreement, Company working rules or compensation, the employee may, if he/she so desires, may have the assistance of a fellow employee and/or or an accredited representative of the Union at present. (c) Any written reprimand, warning or caution, or the investigation. The employee or his/her Union representative shall like, will be given a copy of removed from the employee's statement and on request copies record following a period of all evidence taken. 9.4 An employee will not be held out 10 months of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days discipline-free performance from the date of such written reprimand, warning or caution, or the statement is taken like. (d) Demerit marks will be removed from the employee being investigatedemployee's record following a period of 12 months of discipline-free performance from the date of such demerit marks, to a maximum of 20 demerits. Suspension or the like will be removed from the employee's record following a period of 12 months of discipline-free performance from the date of such suspension or the like. 9.5 (e) Discipline will be expunged from an employee's personnel record following a period of 48 months of discipline-free performance. 8.3 If the employee considers the decision rendered is considered unjust unjust, an appeal may be made in writing within 28 calendar days in accordance made, commencing with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 2 of the grievance procedure. On request. 8.4 If, in the final decision, the General Chairman and/or designate and or designate charges against an employee are not sustained, his/her record shall be shown all evidence cleared of record in the case. 9.6 Should an employee charges; if suspended or dismissed he/she shall be exoneratedreturned to his/her former position and reimbursed for wages lost, less any earnings derived from outside employment during the period so compensated; if the investigation was away from home, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable travel expenses incurred in connection with the investigationupon presenting receipts. 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) 10.1 No discrimination will be made in the employment, retention or conditions of employment of employees because of membership or non-membership in labour organizations. 10.2 An employee having six months or more seniority will not be disciplined or discharged until he/she employee, who has had completed a fair and impartial investigation. probationary period of sixty 10.3 Investigations in connection with alleged irregularities will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. When an employee is not held out of service, the investigation will be held if practicable during his/her regular working hours. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the railway, an officer who may be on the grounds ground when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 . An employee maywill not be required to make statements on matters affecting the agreement, if hecompany working rules or compensation without the Local President/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigationUnit Chairperson or authorized committee person present. The employee or his/her and the Local Union representative shall will be given furnished with a copy of the employee's statement. The decision will be rendered as quickly as possible but in any event not later than 21 calendar days from the date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. 10.4 When discipline is recorded against an employee, he/she and the authorized union representative will be notified in writing. 10.5 Should an employee be exonerated he/she shall be paid at their regular rate of pay for any time lost (one (1) day for each twenty-four 10.6 Any complaint raised by an employee or the Local Union concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he/she has been unjustly dealt with: Step 1 Within twenty-eight (28) calendar days from cause of grievance the authorized Union Representative may present the grievance either orally or in writing to the immediate supervisor who will give a decision as soon as possible but in any case within twenty-eight (28) calendar days of receipt of grievance. Step 2 Within twenty-eight (28) calendar days of receiving decision under Step 1 the Local Chairperson or President may appeal in writing to the appropriate functional department head e.g. Chief Transportation Officer, Manager Purchasing. The A written decision will be rendered within twenty-eight (28) calendar days of receiving appeal. Step 3 Within twenty-eight (28) calendar days of receiving a decision under Step 2, the Local Chairperson or President may appeal to the President. A written decision will be rendered within twenty-eight (28) calendar days of receiving the appeal. The appeal shall be on a form supplied by the Company and will include a written statement of the grievance and where it concerns the interpretation or alleged violation of the collective agreement, the statement shall identify the Article(s) and paragraph of the Article(s) involved. 10.7 Except as early provided in Article 10.8 any grievance not progressed 10.8 When a grievance based on a claim for unpaid wages is not progressed by the Local Union within the prescribed time limits, it shall be considered as possibledropped. When the appropriate officer of the company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, but the claim will be paid. The application of this Article 10.8 shall not later than 28 constitute an interpretation of the collective agreement. 10.9 The time limits specified in this Article 10 may be extended, at Step 1, by local agreement, and in Steps 2 and 3 by mutual agreement. 10.10 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of sixty (60) calendar days prior to the date that such grievance was submitted at Step 1 of the grievance procedure. 10.11 A grievance concerning the interpretation or alleged violation of this agreement or an appeal by an employee that he/she has been unjustly dealt with which is not settled at Step 3 of the grievance procedure shall be submitted to the Canadian Railway Office of Arbitration for final settlement without stoppage of work in accordance with the Regulations of that office. Request for arbitration must be given within 60 days from the date the statement is taken from the employee being investigated. 9.5 If the of receiving decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to at Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall The time limit provided in this Article 10.11 may be shown all evidence of record in the caseextended by mutual agreement. 9.6 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations No discrimination will be held as quickly as possible. (b) made in the employment, retention or conditions of employment of employees because of membership or non-mem- bership in labour When a discipline assessment will be only a reprimand, warning, warning or caution, or the like, a "hearing" “hear- ing” or "“investigation" ” is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as a fellow employee, other supervisorsupervisor or union rep- resentative, or Union representative shall not be in attendance. This provision provi- sion will not operate to extend the one year period for the clearing of previous demerit marks. Interaction Interac- tion management discussion forms will not be placed on employee files. 9.2 . An employee, who has completed a proba- tionary period of sixty working days will not be disciplined or discharged without an investigation. Investigations in connection with alleged ir- regularities will be held as quickly as possible. An employee may be held out of service with pay pending for investigation (not exceeding three working days). When an em- ployee is not held out of service, the complete investigation and notice provided to the Local Chairpersonwill, if practicable, be held during his/her regular working hours. He/she will be given at least one day's ’s notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the railway, an officer who may be on the grounds ground when the cause for investigation occurs may hold investiga- tion occurs, shall be prevented from making an immediate im- mediate investigation. 9.3 . An employee may, if he/she so desires, have the assistance of a one or two fellow employee and/or an accredited representative employees, or the Local Chairman or committee person of the Union Brotherhood, at the investigationinves- tigation. The employee or being investigated shall be furnished with a copy of his/her Union representative shall own statement. The decision will be given a copy of rendered as quickly as possible but in any event not later than calendar days from the employee's date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except ex- cept in the case of a dismissible dismissable offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 If the decision is considered unjust unjust, an appeal may be made in writing within 28 fourteen calendar days in accordance with the grievance procedure under Article 9.9Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should The hearing on appeal shall be submitted directly to Step 3 of the grievance proceduregranted and a decision rendered as quickly as possible. On request, the General Chairman and/or designate and or designate National Representative shall be shown all evidence of record in the case. 9.6 . Should an employee be exonerated, exonerated he/she shall be paid at schedule rates his/her regular rate of pay for any time lost, if any lost (one day for each 24 twenty-four hours), less any amount earned in other employmentemploy- ment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with for travelling to and from the investigation. 9.7 When discipline is recorded against . Any complaint raised by an employee con- cerning the interpretation, application or alleged vio- lation of this Agreement shall be dealt with in the following manner; this shall also apply to an em- ployee who believes that he/she has been unjustly dealt with: Within fourteen calendar days from cause of grievance the employee and/or the Local Chairman may present the grievance either orally or in writing to the immediate supervisor who will be advisedgive a decision as soon as possible but in any case within fourteen calendar days of receipt of grievance.

Discipline and Grievances. (a) An 10.1 No discrimination will be made in the employment, retention, or conditions of employment of employees because of membership or non-membership in labour organizations. 10.2 No employee having six months shall be disciplined, discharged, or more seniority will not be disciplined or discharged have their employment terminated for any reason until he/she has had a fair and impartial investigation. investigation and his/her responsibility established. 10.3 Investigations in connection with alleged irregularities will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. When an employee is not held out of service, the investigation will be held if practicable during his/her regular working hours. He/she will be given at least one (1) day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the Railway, an officer who may be on the grounds premises when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 . An employee maywill not be required to make statements on matters affecting the Agreement, if heCompany working rules, policies, procedures, or compensation without the Local President/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigationUnit Chairperson or authorized committee person present. The employee or his/her and the Local Union representative shall will be given furnished with a copy of the employee's statement. The decision will be rendered as quickly as possible but in any event not later than twenty-one (21) calendar days from the date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision . 10.4 When discipline is recorded against an employee, he/she and the authorized Union representative will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigatednotified in writing. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 10.5 Should an employee be exonerated, he/she shall be paid at schedule rates their regular rate of pay for any time lost, if any one (one 1) day for each 24 twenty-four (24) hours), less any amount earned in other employment. If away from home he/she home, employees shall, on the production of receipts, be reimbursed for reasonable expenses incurred in connection with for travelling to and from the investigation. 9.7 When discipline is recorded against (a) Any written reprimand, warning or caution, or the like, will be removed from the employee's record following a period of ten (10) months of discipline-free performance from the date of such written reprimand, warning or caution, or the like. (b) Demerit marks will be removed from the employee's record following a period of twelve (12) months of discipline-free performance from the date of such demerit marks to a maximum of twenty (20) demerits. Suspension or the like will be removed from the employee's record following a period of twelve (12) months of discipline-free performance from the date of such suspension or the like. (c) Discipline will be expunged from an employee's personnel record following a period of forty-eight (48) months of discipline-free performance. 10.6 Should an employee subject to this Agreement believe he/she has been unjustly dealt with, or that any of the provisions of this Agreement have been violated, he/she shall within seven calendar days from the alleged unjust action, present the complaint to his/her immediate supervisor for adjustment. Step 1 Failing satisfactory resolution of the complaint, the authorized local Union may, within 14 days, present the grievance in writing, on a form supplied by the Company, to the employee's supervisor, whose decision shall be rendered within seven calendar days. Step 2 Within 21 calendar days following receipt of the decision rendered under Step 1 the authorized Local Union Representative may appeal the decision in writing to the Operating Department senior official, whose decision must be rendered within 21 calendar days. 10.7 Upon request from either party, reasonable effort will be advisedmade to have meetings within the allotted times. 10.8 A grievance not progressed within the time limits specified shall be dropped and shall not be subject to further appeal. Where, in the case of a grievance based on only a time claim, a decision is not rendered by the designated officer of the Company at Steps 1 or 2 within the time limits specified in such steps, the time claim will be paid. Payment under such circumstances shall not constitute a precedent, or waiver of the contentions of the Company in that case or in respect of other similar claims. 10.9 The time limits specified in Steps 1 and 2 may be extended by mutual agreement between the parties referred to in each step. 10.10 All conferences between shop officials and authorized Local Union Representatives will be held by appointment and concluded during regular working hours without loss of earnings to committee representatives. 10.11 The Company will not discriminate against any employee who, as authorized Local Union Representatives, from time to time, represent other employees and will grant them leave of absence and free transportation over the Company's lines when delegated to represent other employees. 10.12 If an authorized Union Representative should consider that a provision of this Agreement has been violated, he/she may initiate a grievance, which shall be processed in accordance with the foregoing provisions of this Rule 34. 10.13 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of sixty (60) calendar days prior to the date that such grievance was submitted at Step 1 of the grievance procedure. 10.14 When a grievance concerning the interpretation or alleged violation of this agreement or supplemental agreements has not been settled at Step 2 of the grievance procedure, the Union or the Company may, within ten

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, warning or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisorsupervisor or union representative, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union union at the investigation. The employee or his/her Union union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. The decision will be rendered as early as possible, possible but not later than 28 twenty-eight (28) calendar days from the date the statement is taken from the employee being investigated. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 twenty-eight (28) calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the Assistant General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one (1) day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation.twenty-four 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will Investigationswill be held as quickly as possible. (b) . When a discipline assessment will be only a reprimand, warning, warning or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisorsupervisor or union representative, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 . An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 . An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union union at the investigation. The employee or his/her Union union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 . An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 than, twenty-eight (28) calendar days from the date the statement is taken from the employee being investigated. 9.5 . If the decision is considered unjust an appeal may be made in writing within 28 (28) calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the Assistant General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 . Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 twenty-four (24) hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 . When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possible. (b) . When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 . An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigation. The employee or his/her Union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 . An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 . If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the Assistant General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 . Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 . When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigation. The employee or his/her Union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the Assistant General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. a) Claims and Grievances • 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, all claims or grievances, except those involving discipline, should be handled as follows: (a) An All claims or grievances must be presented in writing by or on behalf of the employee having six months involved, to the officer of the Carrier authorized to receive same, within thirty (30) days from the date of the occurrence on which the claim or more seniority will not grievance is based. Should any such claim or grievance be disciplined disallowed, the Carrier shall, within thirty (30) days from the date the claim or discharged until he/she has had a fair and impartial investigation. Investigations will be held as quickly as possiblegrievance is filed, notify the claimant (the employee or his representative) in writing of the reasons for such disallowance. (b) When If a discipline assessment will disallowed claim or grievance is to be only a reprimandappealed, warningsuch appeal must be in writing and must be taken within thirty (30) days from issuance of notice of disallowance and the representative of the Carrier shall be notified in writing within that time of the rejection of decision. Failing to comply with this provision, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter shall be considered closed. It is discussed directly understood, however, that the parties may, by mutual agreement, at any stage of the handling of a claim or grievance on the property, extend the 30-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. The Carrier designate shall, within thirty (30) days from the receipt of the appeal, notify the employee or his representative in writing of the allowance or declination of the claim or grievance. (c) The requirements outlined in paragraph (b), pertaining to appeal by the claimant and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the Carrier to handle such disputes. The highest designated officer shall hold conference with the employee general chairman upon request. All claims or grievances involved in a decision by the supervisorhighest officer shall be barred unless within ninety (90) days from the date of receiving said officer's decision, proceedings are instituted by the employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a third partysystem, such group or regional board of adjustment that has been agreed to by the parties hereto as fellow employeeprovided in Section 3 Second of the Railway Labor Act. It is understood, other supervisorhowever, or Union representative shall not be that the parties may by mutual agreement in attendance. This provision will not operate to any particular case extend the one year ninety (90) day period for clearing of previous demerit marksherein referred to. Interaction management discussion forms will not be placed on employee files. 9.2 An employee o (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 rule, 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 sixty (60) 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 pending the complete investigation and notice provided to the Local Chairperson. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. However, an officer who may be on the grounds when the cause for investigation occurs may hold an immediate investigation. 9.3 An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigation. The employee or his/her Union representative time lost shall be given a copy of the employee's statement and on request copies of all evidence takensufficient. 9.4 An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any (one day for each 24 hours), less any amount earned in other employment. If away from home he/she shall, on production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation. 9.7 When discipline is recorded against an employee he/she will be advised.

Discipline and Grievances. (a) An 10.1 No discrimination will be made in the employment, retention, or conditions of employment of employees because of membership or non-membership in labour organizations. 10.2 No employee having six months shall be disciplined, discharged, or more seniority will not be disciplined or discharged have their employment terminated for any reason until he/she has had a fair and impartial investigation. investigation and his/her responsibility established. 10.3 Investigations in connection with alleged irregularities will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. When an employee is not held out of service, the investigation will be held if practicable during his/her regular working hours. He/she will be given at least one (1) day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the Railway, an officer who may be on the grounds premises when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 An employee may, if he/she so desires, have the assistance of a fellow employee and/or an accredited representative of the Union at the investigation. The employee or his/her Union representative shall be given a copy of the employee's statement and on request copies of all evidence taken. 9.4 An employee will not be held out required to make statements on matters affecting the Agreement, Company working rules, policies, procedures, or compensation without the Local President/Unit Chairperson or authorized committee person present. The employee and the Local Union will be furnished with a copy of service pending the rendering of a decision, except in the case of a dismissible offencestatement. The decision will be rendered as early quickly as possible, possible but in any event not later than 28 twenty-one (21) calendar days from the date the statement is taken from the employee being investigated. An 10.4 When discipline is recorded against an employee, he/she and the authorized Union representative will be notified in writing. 9.5 If the decision is considered unjust an appeal may be made in writing within 28 calendar days in accordance with the grievance procedure under Article 9.9. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should be submitted directly to Step 3 of the grievance procedure. On request, the General Chairman and/or designate and or designate shall be shown all evidence of record in the case. 9.6 10.5 Should an employee be exonerated, he/she shall be paid at schedule rates their regular rate of pay for any time lost, if any one (one 1) day for each 24 twenty-four (24) hours), less any amount earned in other employment. If away from home he/she home, employees shall, on the production of receipts, be reimbursed for reasonable expenses incurred in connection with for travelling to and from the investigation. 9.7 When discipline is recorded against an employee he/she (a) Any written reprimand, warning or caution, or the like, will be advised.removed from the employee's record following a period of ten

Discipline and Grievances. (a) An employee having six months or more seniority will not be disciplined or discharged until he/she has had a fair and impartial investigation. Investigations No discrimination will be held as quickly as possiblemade in the employment, retention or conditions of employment of employees because of membership or non-membership in labour organizations. (b) When a discipline assessment will be only a reprimand, warning, warning or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as a fellow employee, other supervisorsupervisor or union representative, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for the clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 10.2 An employee, who has completed a probationary period of sixty (60) working days will not be disciplined or discharged without an investigation. 10.3 Investigations in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. When an employee is not held out of service, the investigation will, if practicable, be held during his/her regular working hours. He/she will be given at least one day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the railway, an officer who may be on the grounds ground when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 . An employee may, if he/she so desires, have the assistance of a one or two fellow employee and/or an accredited representative employees, or the President or authorized committee person of the Union Brotherhood, at the investigation. The employee or being investigated shall be furnished with a copy of his/her Union representative shall own statement. The decision will be given a copy of rendered as quickly as possible but in any event not later than 21 calendar days from the employee's date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. The decision will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 10.4 If the decision is considered unjust unjust, an appeal may be made in writing within 28 fourteen (14) calendar days in accordance with the grievance procedure under Article 9.9Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should The hearing on appeal shall be submitted directly to Step 3 of the grievance proceduregranted and a decision rendered as quickly as possible. On request, the General Chairman and/or designate and or designate National Representative shall be shown all evidence of record in the case. 9.6 10.5 Should an employee be exonerated, exonerated he/she shall be paid at schedule rates their regular rate of pay for any time lost, if any lost (one (1) day for each 24 twenty-four (24) hours), less any amount earned in other employment. If away from home he/she home, employees shall, on the production of receipts, be reimbursed for reasonable expenses incurred in connection with the investigation.for 9.7 When discipline is recorded against 10.6 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he/she has been unjustly dealt with: Step 1 Within twenty-eight (28) calendar days from cause of grievance the employee and/or the President may present the grievance either orally or in writing to the immediate supervisor who will be advised.give a decision as soon as possible but in any case within twenty-eight (28) calendar days of receipt of grievance. Step 2

Discipline and Grievances. (a) An No discrimination will be made in the employment, retention, or conditions of employment of employees because of membership or in labour organizations. No employee having six months shall be disciplined, discharged, or more seniority will not be disciplined or discharged have their employment terminated for any reason until he/she has had a fair and impartial investigationinvestigation and responsibility established. Investigations in connection with alleged irregularities will be held as quickly as possible. (b) When a discipline assessment will be only a reprimand, warning, or caution, or the like, a "hearing" or "investigation" is not necessary. In such cases, when the matter is discussed directly with the employee by the supervisor, a third party, such as fellow employee, other supervisor, or Union representative shall not be in attendance. This provision will not operate to extend the one year period for clearing of previous demerit marks. Interaction management discussion forms will not be placed on employee files. 9.2 An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. He/she When an employee is not held out of service, the investigation will be held if practicable during regular working hours. will be given at least one (1) day's notice of the investigation and notified of the charges against him/her. HoweverThis shall not be construed to mean that a proper officer of the Railway, an officer who may be on the grounds premises when the cause for investigation occurs may hold occurs, shall be prevented from making an immediate investigation. 9.3 . An employee maywill not be required to make statements on matters affecting the Agreement, if he/she so desiresCompany working rules, have policies, procedures, or compensation without the assistance of a fellow employee and/or an accredited representative of the Union at the investigationLocal Chairperson or authorized committee person present. The employee or his/her and the Local Union representative shall will be given furnished with a copy of the employee's statement. The decision will be rendered as quickly as possible but in any event not later than twenty-one (21) calendar days from the date the statement and on request copies of all evidence taken. 9.4 is taken from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. The decision Following that investigation, the Company will not be allowed to conduct the investigation anew into the circumstances of the initial investigation When discipline is recorded against an employee, and the authorized Union representative will be rendered as early as possible, but not later than 28 calendar days from the date the statement is taken from the employee being investigated. 9.5 notified in writing. If the decision is considered unjust unjust, an appeal may be made in writing within 28 fourteen (14) calendar days in accordance with of the grievance procedure under Article 9.9advice of discipline. Appeals of suspension or dismissal shall be made directly to the President's office. Such appeal shall be considered part of the Grievance Procedure, and it will set forth the grounds upon which it is made. Appeals with respect to dismissal or suspension should The hearing on appeal shall be submitted directly to Step 3 of the grievance proceduregranted and a decision rendered as quickly as possible. On request, the General Chairman and/or designate and or designate Local Chairperson shall be shown all evidence of record in the case. 9.6 . Should an employee be exonerated, he/she shall be paid at schedule rates their regular rate of pay for any time lost, if any one (one 1) day for each 24 (24) hours), less any amount earned in other employment. If away from home he/she home, employees shall, on the production of receipts, be reimbursed for reasonable expenses incurred in connection with for travelling to and from the investigation. 9.7 When discipline is recorded against an employee he/she will be advised.