Common use of Investigation and Discipline Clause in Contracts

Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against them have been investigated; the investigation to be presided over by the employee's superior officers. They may, however, be held out of service with pay pending investigation and will be notified of the charges against them. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee may select an accredited representative of the Union to appear with them at the investigation and the employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their responsibility, questions and answers to be recorded. The employee will be furnished with a copy of their statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson or Local Chairperson will be provided all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee 34.1 When an investigation is to be held, the engineer whose presence is desired will be properly advised as to the time, place and subject matter, which will be confined to the particular matter under investigation. 34.2 An engineer will not be disciplined or dismissed until without having had a fair and impartial hearing and his/her responsibility established. 34.3 An engineer who has been on duty in excess of eight hours will not be required to attend hearing without having sufficient time off duty for rest. 34.4 A hearing shall be held and the charges against them locomotive engineer advised in writing of the decision within 28 calendar days from the date of the locomotive engineer's statement unless as otherwise mutually agreed. NOTE: Employee's file will be cleared of any record of discipline placed on his/her file after five (5) years. Any discipline not deducted from an employee's record in accordance with Company policy 6-S-1 will not be removed from employee's record notwithstanding this Article. This is not to interfere with current practice of clearing twenty (20) demerits from employee's file following one (1) year of discipline-free service. 34.5 At the hearing the engineer may have been investigated; an accredited representative of the investigation Brotherhood of Locomotive Engineers appear with him who will be accorded the privilege of requesting the presiding officer to ask, for the record, questions which have a bearing on the responsibility of the engineer. The engineer will be given a clear copy of his/her statement. 34.6 An engineer and his/her accredited representative shall have the right to be presided present during the examination of any witness whose evidence may have a bearing on the engineer's responsibility to offer rebuttal through the presiding officer by accredited representative. The General Chairman to be given a copy of statements of such witnesses on request. 34.7 An engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 34.8 Engineers instructed to report for investigation and no responsibility is attached will be compensated for such service in accordance with the provisions of Article 21. 34.9 An appeal may be made in accordance with the Grievance Procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, an engineer losing time shall be paid for time lost 100 miles for each consecutive 24 hours at minimum through freight rate, less any amount earned in other employment. 34.10 Complaints made against engineers that might result in an investigation must be in writing and the engineer concerned furnished with a copy; verbal complaints will not be entertained. 34.11 A locomotive engineer who is instructed to report for investigation at a location other than his/her home terminal and to whom responsibility in the matter under investigation is subsequently attached, i.e., subject to discipline, shall nevertheless be paid for actual time spent travelling hour for hour, up to a maximum cumulative total of 8 hours in each 24 hours, at a rate per hour of 1/8th of the daily guarantee for passenger service. 34.12 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 a fellow employee's superior officers, other supervisor or union representative, shall not be in attendance. They may, however, This provision will not operate to extend the one year period for the clearing of previous demerit marks. 34.13 An employee may be held out of service with pay pending the complete investigation and will be notified of notice provided to the charges against them. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation hereinlocal Chairperson. 23.2 The employee may select an accredited representative of the Union to appear with them at the investigation and the employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their responsibility, questions and answers to be recorded. The employee will be furnished with a copy of their statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson or Local Chairperson will be provided all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against them him/her have been investigated; the investigation to be presided over by the employee's superior officers. They He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against themhim/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They He/she will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee He/she may select an accredited representative of the Union a fellow employee to appear with them him/her at the investigation and the he/she and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their his/her responsibility, questions and answers to be recorded. The employee He/she will be furnished with a copy of their his/her statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee he/she will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were he/she was last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against them have been investigated; the investigation to be presided over by the employee's superior officers. They may, however, be held out of service with pay pending investigation and will be notified of the charges against them. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s 's notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee may select an accredited representative of the Union a fellow employee to appear with them at the investigation and the and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their responsibility, questions and answers to be recorded. The employee will be furnished with a copy of their statement taken at the investigation. 23.3 . A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee will have the right to appeal in accordance with the grievance procedure. 23.4 . On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 . In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were was last employed. 23.6 . When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 . It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. ‌ 23.1 No employee will be disciplined or dismissed until the charges against them him/her have been investigated; the investigation to be presided over by the employee's superior officers. They He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against themhim/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They He/she will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee He/she may select an accredited representative of the Union a fellow employee to appear with them him/her at the investigation and the he/she and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their his/her responsibility, questions and answers to be recorded. The employee He/she will be furnished with a copy of their his/her statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee he/she will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were he/she was last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. ‌ 23.1 No employee will be disciplined or dismissed until the charges against them him/her have been investigated; the investigation to be presided over by the employee's superior officers. They He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against themhim/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They He/she will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee He/she may select an accredited representative of the Union a fellow employee to appear with them him/her at the investigation and the he/she and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their his/her responsibility, questions and answers to be recorded. The employee He/she will be furnished with a copy of their his/her statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee he/she will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed.time 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee Employees who have completed their probationary period, will not be disciplined or dismissed until the charges against them have been investigated; the investigation to discharged for major offenses without a fair and impartial hearing. 23.2 Investigations in connection with alleged irregularities will be presided over by the employee's superior officersheld as quickly as possible. They may, however, Employees may be held out of service with pay pending for investigation (not exceeding three working days). Investigations will be held during the employee’s regular working hours, as far as practicable. Investigations held outside the employee’s working hours will not be null and void. 23.3 Except as provided under Appendix 11, "Corrective Behaviour -- Informal Investigation", when a formal hearing is to be held, the employee and the designated Union representative will be given at least forty-eight (48) hours notice of the hearing and will be notified of the charges against them. Operators in assigned service will be compensated for trips lost time, place, and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice subject matter of the investigationsuch hearing. This shall not be construed to mean that the a proper officer of the companyCompany, who may be on the premises grounds when the cause of for investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee may select an accredited representative of 23.4 Employees may, only if they so desire, have the Union to appear with them assistance at the investigation of one or two co-workers, which could include their chief shop xxxxxxx or authorized committee members of the union who are employees of the Company, or the Union’s Accredited Representative. 23.5 At the beginning of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee and the accredited authorized representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, and will be given an opportunity through the presiding officer to ask relevant questions of the witnesses whose evidence may have a bearing on their responsibility, present at the hearing. The questions and answers to will be recorded. The recorded and the employee and the authorized representative will be furnished with a copy of their statement taken at the investigationstatements and all evidence presented. 23.3 A 23.6 The decision will be rendered within 28 21 calendar days from the date investigation the statement is held, and if not satisfied with the decision taken from the employee will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson or Local Chairperson will be provided all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicablebeing investigated. Employees will not be held out of service pending rendering of the decision except in cases the case of a dismissible offencesoffence. 23.7 If the decision is considered unjust, the matter may be appealed in the grievance procedure as set out in Article 5. Such appeal shall set forth the grounds upon which it is made. On request, the designated representative of the Union shall be shown all evidence in the case. 23.8 Should an employee be exonerated, such employee shall be paid at his or her regular rate of pay for any time lost (one day for each 24 hours) less any amount earned in other employment. 23.9 If away from home, employees shall, on production of receipts, be reimbursed for reasonable expenses for traveling to and from the hearing.

Investigation and Discipline. 23.1 1. No employee who has been in the service of the Company for more than ninety (90) calendar days actually worked will be disciplined or dismissed until discharged without first having the charges against them have been investigated; benefit of a hearing. 2. Within ten (10) calendar days of learning of an offense, the investigation Company shall issue notice, in writing, to be presided over by the employee's superior officers, with a copy to the Shop Xxxxxxx, informing the employee of the incident and requesting a written report of the incident from the employee. 3. They mayIn cases where offenses are alleged that warrant an investigation, however, be held out the Company may first suspend the Employee for a period of service four (4) working days with pay pending investigation and will be notified of the charges against them. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice of the investigation. This shall not be construed communicate this suspension to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee may select an accredited representative of the Union to appear with them at the investigation and the employee and the accredited Union. If at the end of four (4) days the investigation is not completed, the suspension may be extended for a further period of up to ten (10) days with pay with notification to the Employee and the Union. 4. The Company shall designate a time limit for providing the written report. The Company shall then schedule a hearing with the Employee and the Employee’s designated Union representative of to discuss the Union incident. 5. The Shop Xxxxxxx or his designee, grievant and any Employee who may have been a witness, will have be in attendance at all disciplinary hearings. 6. If the right offense is upheld at the hearing conducted pursuant to hear all of the evidence being relied upon by the company in determining disciplineSection B.4. above, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their responsibility, questions and answers discipline is to be recorded. The employee will be furnished imposed, the Company shall issue written notice within seven (7) calendar days to the employee, with a copy to the Shop Xxxxxxx. The Notice of their statement taken at Discipline shall set forth the investigationcharges against the employee and the discipline imposed. 23.3 A decision will be rendered within 28 days from 7. If the date investigation is heldoffense results in termination of the Employee, Steps 1 and if 2 of the Grievance Procedure are bypassed and the Union shall determine whether or not satisfied with the decision the employee will have the right to appeal the case directly to Step 3 of paragraph C of the Grievance Procedure prescribed in accordance with the grievance procedurethis Article. 23.4 On request, the General Chairperson or Local Chairperson will be provided all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 19.1 No employee will shall be disciplined or dismissed discharged until the charges against them have been investigated; the investigation to be presided over by the employee's superior officershe has had a fair and impartial hearing and his responsibility is established. They mayExcept as otherwise provided in Article 19.4, however, an employee will not be held out of service with pay in excess of ten working days, pending investigation the holding of a hearing. Such hearing shall be held as soon as possible and will where suspension is involved, not later than twenty-five working days from the date of suspension unless otherwise mutually agreed. (a) The President of the Union, or authorized designate, must be notified in writing if an employee is held out of service in excess of five working days (forty regular hours). Failure to notify the President will result in payment of all time held out in excess of forty hours. It is understood that employees may be held out of service where: • The nature of the charges against them. Operators offence is dismissible in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice of itself, or; • There are significant workplace safety concerns; • The continued employment of the investigation. This shall individual is in jeopardy In cases where the incident has the potential to culminate in dismissal but where the culminating incident is not dismissible in and of itself, it is understood that wages will not be construed to mean that withheld from the proper officer employee while they are out of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation hereinservice. 23.2 The 19.2 An employee may select an accredited representative of the Union to appear with them at the investigation and the employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, and will shall be given an opportunity through advance notice of seven calendar days of such hearing and be advised in writing of the presiding officer time, place and subject matter of such hearing. An employee may have a fellow employee or an accredited Union Representative present to ask questions assist him / her. The employee shall be furnished with a copy of witnesses his statement and copies of all evidence taken at the hearing and shall be present during examination of any witness whose evidence testimony may have a bearing on their his responsibility. He may offer rebuttal evidence thereto. 19.3 When suspension pending the holding of a hearing is involved, questions and answers the employee will be given advice in writing within five calendar days of his suspension as to the reasons for such suspension. 19.4 A decision shall be recordedrendered within twenty eight calendar days from the date of the hearing. Pending the rendering of such decision, the employee will be held out of service only where the circumstances are considered sufficiently serious to warrant such action. The employee will be furnished with a copy of their statement taken the decision in writing and a copy will be forwarded to the Local Association Representative at the investigationsame time, unless the employee specifically requests in writing that the representative not be advised of the decision. 23.3 A decision will be rendered within 28 days from 19.5 If the date investigation is held, and if not satisfied with employee considers the decision the employee will have the right to rendered is unjust, an appeal in writing may be made in accordance with the grievance procedure. 23.4 On request, procedures starting by an appeal to the General Chairperson or Local Chairperson will be provided all evidence in officer who issued the case, including the employee’s disciplinary history. 23.5 In case the discipline discipline. Where suspension or dismissal is found to be unjustthe discipline, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours appeal may commence at Step II of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect grievance procedure within 30 42 calendar days from the date investigation that the employee is heldadvised of the decision in writing. 23.7 It is understood that 19.6 If, in the final decision, the charges against an employee are not sustained, his record shall be cleared of the charges; if suspended or dismissed, he shall be returned to his 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 shall be reimbursed for reasonable travel expenses upon presenting receipts. 19.7 Any employee appearing before a disciplinary hearing shall be given the option of using the language (English or French) in which he can express him/herself/herself most fluently. 19.8 In the case of investigations related to Human Rights issues, and/or Harassment and Discrimination cases, given their sensitive nature, statements, evidence, or other documentation related to the case will only be held as quickly as possible and provided, upon request, to the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offencesemployee being investigated and/or the accredited representative present at the investigation(s).

Investigation and Discipline. 23.1 No employee Informal Investigation 25.1 Subject to the provisions of Article 25.5 (b), minor incidents will be disciplined handled without the necessity of a formal investigation. 25.2 Such incidents will be investigated as quickly as possible by a proper officer(s) of the Company and subsequently reviewed with the employee(s) concerned. 25.3 In cases where the assessment of discipline is warranted, employees will be advised in writing within twenty (20) calendar days from the date the incident is reviewed with them except as otherwise mutually agreed. 25.4 From the time of notification of the conclusions reached by the Company, or dismissed until the charges against them discipline assessed, employees will advise the Appropriate Company Officer within seventy-two (72) hours of such notification: (a) that they accept the conclusions reached by the Company and the discipline assessed; or (b) that they are not in accord with the conclusions reached by the Company and request a formal investigation under the procedures set forth in Articles 25.5, 25.6 and 25.7; or (c) that they accept the conclusions reached by the Company but may initiate an appeal of the discipline in accordance with the grievance procedure. Formal Investigation 25.5 A formal investigation will be held: (a) in the case of employees committing an alleged dismissible offence; (b) when employees are alleged to have committed a minor offence where the seriousness of such offence might warrant discipline to the extent that, when added to their current record, could result in discharge for accumulation of demerit marks; (c) when employees are alleged to have been investigated; involved in a major incident; (d) when employees are involved in an incident where the investigation need for information and appropriate documentation is required by order, regulation or Company requirements. 25.6 If required to be presided over by the employee's superior officers. They may, however, be held out of service with pay pending investigation and attend a formal investigation: (a) Employees will be properly notified of in writing at least twenty-four (24) hours prior to the charges against theminvestigation. Operators in assigned service The notice will be compensated for trips lost outline the incident under investigation. If mutually agreed upon between the employees and spareboard operators will be compensated at the minimum day for each day held. They will an Appropriate Company Officer, verbal notification may be given at least two day’s in which case the Company will also provide a written notice prior to the commencement of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee (b) Off duty time will be used as far as practicable. (c) Employees may select have an accredited representative of the Union to appear with them at the investigation investigation. At the outset of the investigation, employees will be provided with a copy of all of the written evidence as well as any oral evidence which has been recorded and the employee has a bearing on their responsibility. Employees and the their accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company Officers where necessary) whose evidence may have a bearing on their responsibility, . The questions and answers to will be recorded. The employee recorded and employees and accredited representative will be furnished with a copy of their statement taken at the investigationstatement. 23.3 A decision 25.7 If corrective action is to be taken, employees will be rendered so notified in writing of the Company's decision within 28 twenty (20) calendar days from the date completion of the employees’ investigation is held, and if not satisfied with the decision the employee will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson or Local Chairperson unless as otherwise mutually agreed. Such notification will be provided all evidence in given at the case, including same time or after employees have been personally interviewed by the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When appropriate Company officer(s) unless employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held.otherwise unavailable. General 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. 25.8 Employees will not be held out of service pending rendering investigation unless: (a) the circumstances of decision the incident are such that there is reason to believe that employees’ continued performance on the job could constitute a hazard to themselves, other persons or the operations; (b) the offence with which charged is of a nature which could result in suspension or dismissal; (c) it is essential to carrying out the investigation. 25.9 Employees who are held out of service while under investigation, except in cases where the offence with which charged is of dismissible offencesa nature which results in suspension or dismissal, will be paid for any loss of regular earnings. Suspension or dismissal will commence from the date employees are removed from service. 25.10 Investigating officers will be individuals who are in the best position to develop all of the relevant facts provided they are not emotionally involved with the incident, except as mutually agreed. 25.11 An appeal against discipline imposed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, employees will be paid eight (8) hours for each twenty-four (24) hours for the time held out of service at the rate for the position in which last employed, exclusive of any amount earned in other employment. 25.12 In the event employees are required to travel to another location (not considered part of their headquarters to attend an investigation and no responsibility is attached to them, they will be paid actual reasonable expenses associated with attending such investigation. 25.13 When employees are assessed discipline for a violation of operating rules, the Company will ensure that such employees have a proper understanding of the rule(s) so violated.

Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against them him/her have been investigated; the investigation to be presided over by the employee's superior officers. They He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against themhim/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They He/she will be given at least two one day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee He/she may select an accredited representative of the Union a fellow employee to appear with them him/her at the investigation and the he/she and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their his/her responsibility, questions and answers to be recorded. The employee He/she will be furnished with a copy of their his/her statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee he/she will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were he/she was last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee 34.1 When an investigation is to be held, the engineer whose presence is desired will be properly advised as to the time, place and subject matter, which will be confined to the particular matter under investigation. 34.2 An engineer will not be disciplined or dismissed until without having had a fair and impartial hearing and his responsibility established. 34.3 An engineer who has been on duty in excess of eight hours will not be required to attend hearing without having sufficient time off duty for rest. 34.4 A hearing shall be held and the charges against them locomotive engineer advised in writing of the decision within 28 calendar days from the date of the locomotive engineer's statement unless as otherwise mutually agreed. NOTE: Employee's file will be cleared of any record of discipline placed on his file after five (5) years. Any discipline not deducted from an employee's record in accordance with Company policy 6-S-1 will not be removed from employee's record notwithstanding this Article. This is not to interfere with current practice of clearing twenty (20) demerits from employee's file following one (1) year of discipline-free service. 34.5 At the hearing the engineer may have been investigated; an accredited representative of the investigation Brotherhood of Locomotive Engineers appear with him who will be accorded the privilege of requesting the presiding officer to ask, for the record, questions which have a bearing on the responsibility of the engineer. The engineer will be given a clear copy of his statement. 34.6 An engineer and his accredited representative shall have the right to be presided present during the examination of any witness whose evidence may have a bearing on the engineer's responsibility to offer rebuttal through the presiding officer by accredited representative. The General Chairman to be given a copy of statements of such witnesses on request. 34.7 An engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 34.8 Engineers instructed to report for investigation and no responsibility is attached will be compensated for such service in accordance with the provisions of Article 21. 34.9 An appeal may be made in accordance with the Grievance Procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, an engineer losing time shall be paid for time lost 100 miles for each consecutive 24 hours at minimum through freight rate, less any amount earned in other employment. 34.10 Complaints made against engineers that might result in an investigation must be in writing and the engineer concerned furnished with a copy; verbal complaints will not be entertained. 34.11 A locomotive engineer who is instructed to report for investigation at a location other than his home terminal and to whom responsibility in the matter under investigation is subsequently attached, i.e., subject to discipline, shall nevertheless be paid for actual time spent travelling hour for hour, up to a maximum cumulative total of 8 hours in each 24 hours, at a rate per hour of 1/8th of the daily guarantee for passenger service. 34.12 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 a fellow employee's superior officers, other supervisor or union representative, shall not be in attendance. They may, however, This provision will not operate to extend the one year period for the clearing of previous demerit marks. 34.13 An employee may be held out of service with pay pending the complete investigation and will be notified of notice provided to the charges against them. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation hereinlocal Chairperson. 23.2 The employee may select an accredited representative of the Union to appear with them at the investigation and the employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining discipline, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their responsibility, questions and answers to be recorded. The employee will be furnished with a copy of their statement taken at the investigation. 23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision the employee will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson or Local Chairperson will be provided all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.

Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against them him/her have been investigated; the investigation to be presided over by the employee's superior officers. They He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against themhim/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. They He/she will be given at least two one day’s notice of the investigation. This shall not be construed to mean that the proper officer of fo the company, who may be on the premises when the cause of investigation occursocccurs, shall be prevented from making an immediate investigation. Officers of the company who conduct an immediate investigation, and who also provide a witness statement, shall be excluded from presiding over the formal investigation herein. 23.2 The employee He/she may select an accredited representative of the Union a fellow employee to appear with them him/her at the investigation and the he/she and such fellow employee and the accredited representative of the Union will have the right to hear all of the evidence being relied upon by the company in determining disciplinesubmitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on their his/her responsibility, questions and answers to be recorded. The employee He/she will be furnished with a copy of their his/her statement taken at the investigation. 23.3 A decision will be rendered within 28 15 days from the date investigation is held, and if not satisfied with the decision the employee he/she will have the right to appeal in accordance with the grievance procedure. 23.4 On request, the General Chairperson Chairman or Local Chairperson Chairman will be provided shown all evidence in the case, including the employee’s disciplinary history. 23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid all lost earnings if regularly assigned, or a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which they were he/she was last employed. 23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held. 23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible dismissable offences.