Investigation - Discipline. 16.1 When an investigation is to be held the locomotive engineer whose presence is desired will be properly advised, in writing, as to the time, place and subject matter, which will be confined to the particular matter under investigation. 16.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and their responsibility established. 16.3 A locomotive engineer who has been on duty in excess of eight (8) hours will not be required to attend hearing without having sufficient time off duty for rest. 16.4 A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) days from the date the locomotive engineer’s statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service. 16.5 At the hearing, the locomotive engineer, if they so desire, may have an accredited representative of the Teamsters Canada Rail Conference present who will be accorded the privilege of requesting the presiding Officer to ask questions for the record which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their statement. 16.6 A locomotive engineer and their accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive engineer's responsibility to offer rebuttal through the presiding Officer by the accredited representative. The Local Chair and/or the General Chair to be given a copy of statements of such witnesses on request. 16.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 16.8 Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision of Article 15. 16.9 A locomotive engineer who is instructed to report for investigation at a location other than their home terminal shall be paid for actual time spent travelling hour for hour up to a maximum cumulative total of eight (8) hours in each twenty (24) hours, at a rate per hour as set out in Article 7.1. 16.10 An appeal against discipline assessed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment. (a) For a locomotive engineer, including on the spare board, 1/52 of their total earnings during the twenty six (26) full pay periods immediately preceding the time discipline was assessed for each week of seven (7) calendar days, portions of weeks to be paid on a proportional basis. (1): When computing compensation in accordance with sub-article (b), any pay period during which a locomotive engineer was absent for seven (7) consecutive days or more because of bona fide injury, sickness in respect of which they are in receipt of weekly indemnity benefits or authorized leave of absence, together with their earnings in that pay period, shall be subtracted from the twenty six (26) pay periods and total earnings. In such circumstances, (2): Locomotive engineers missing their assignment for an investigation will have their guarantees protected. 16.11 Complaints made against locomotive 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. Grievance Procedure 17.1 A grievance concerning the interpretation or alleged violation of this Collective Agreement shall be processed in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Investigation - Discipline. 16.1 When an investigation 86.1 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and his responsibility established and shall be advised in writing of the decision within 28 calendar days from the date of the locomotive engineer's original statement unless as otherwise mutually agreed. If a decision is not rendered within the 28 days the employee will be considered to be held exonerated. Investigations will only be scheduled to start between 0800 and 1700 hours, at the employee’s home terminal, or otherwise, if mutually agreed upon between the Local Chairman and the Company.
86.2 A locomotive engineer whose presence is desired for an investigation will be properly advised, in writing, writing at least 48 hours prior to the investigation as to the time, place and subject matter, which will be confined to the particular matter under investigation. Such notification will be presented at the home terminal and shall not be presented in conjunction with the commencement of a tour of duty.
16.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial 86.3 At the hearing and their responsibility established.
16.3 A locomotive engineer who has been on duty in excess of eight (8) hours will not be required to attend hearing without having sufficient time off duty for rest.
16.4 A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) days from the date the locomotive engineer’s statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service.
16.5 At the hearing, the locomotive engineermay, if they he so desiredesires, may have an accredited representative of the Teamsters Canada Rail Conference present who will be accorded the privilege of requesting the presiding Officer officer to ask questions questions, for the record record, which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their his statement.
16.6 86.4 A locomotive engineer and their his accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive engineer's responsibility to offer rebuttal through the presiding Officer officer by the accredited representative. The Local Chair Chairman and/or the General Chair Chairman to be given a copy of statements of such witnesses witness on request.
16.7 86.5 A locomotive engineer who has been on duty in excess of 8 hours will not be required to attend hearing without having sufficient time off duty for rest and will not be held off unnecessarily in connection with an investigation, lay. Lay-over time to will be used as far as practicable.
16.8 86.6 Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision provisions of Article 15article 75.
16.9 86.7 A locomotive engineer who is instructed to report for investigation at a location other than their his home terminal whether or not 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 hour, up to a maximum cumulative total of eight (8) 8 hours in each twenty (24) 24 hours, at a rate per hour as set out in Article 7.1of 1/8th of the daily guarantee for passenger service.
16.10 86.8 An appeal against discipline assessed may be made in accordance with the grievance procedureGrievance Procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such disciplinecancelled, a locomotive engineer losing who has lost time shall be paid for time lost as follows, less any amount earned in other employment.
(a) For a locomotive engineerengineer assigned to a regular position in yard service or in road switcher service at the time discipline was assessed, 5 days straight time pay, including shift differential when applicable, for each week of 7 calendar days, portions of weeks to be paid on a proportional basis;
(b) For a locomotive engineer in road service, including on the spare boardboard but excluding assigned road switcher service, 1/52 of their his or her total earnings during the twenty six (26) 26 full pay periods immediately preceding the time discipline was assessed for each week of seven (7) 7 calendar days, portions of weeks to be paid on a proportional basis.
(1): . NOTE: When computing compensation in accordance with sub-article paragraph (b), any pay period during which a locomotive engineer was absent for seven (7) 7 consecutive days or more because of bona fide injury, sickness in respect of which they are he or she is in receipt of weekly indemnity benefits or authorized leave of absence, together with their his or her earnings in that pay period, shall be subtracted from the twenty six (26) 26 pay periods and total earnings. In such circumstances,, compensation shall be calculated on a pro-rated basis by dividing the remaining earnings by the remaining number of pay periods.
(2): 86.9 Locomotive engineers missing their assignment for an investigation will have their guarantees protected.
16.11 Complaints made against locomotive engineers that might result in an investigation must be in writing and the engineer concerned furnished with a copy; verbal complaints will not be entertaineddischarged or suspended beyond 30 days for attendance issues or accumulation of demerits culminating from a minor offence until the conclusion of the arbitration process contained herein. Grievance Procedure
17.1 A In such circumstances, the General Chairman must, within 30 days of notice in writing by the Company of such intended discipline, notify the Company in writing that the Union intends to progress the matter to arbitration. If the General Chairman does not notify the Company that the General Chairman intends to progress the matter to arbitration within 30 days, then the discharge will be effective and implemented. In such circumstances, the Union is not prevented from progressing the grievance concerning under the interpretation or alleged violation of normal grievance procedure. For clarity on this Collective Agreement shall be processed in the following manner:article, see Addendum 122.
Appears in 1 contract
Samples: Service Agreement
Investigation - Discipline. 16.1 When an investigation is to be held the locomotive engineer whose presence is desired will be properly advised, in writing, as to the time, place and subject matter, which will be confined to the particular matter under investigation.
16.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and their his responsibility established.
16.3 A locomotive engineer who has been on duty in excess of eight (8) hours will not be required to attend hearing without having sufficient time off duty for rest.
16.4 A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) days from the date the locomotive engineer’s statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service.
16.5 At the hearing, the locomotive engineer, if they he so desiredesires, may have an accredited representative of the Teamsters Canada Rail Conference present who will be accorded the privilege of requesting the presiding Officer to ask questions for the record which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their his statement.
16.6 A locomotive engineer and their his accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive engineer's responsibility to offer rebuttal through the presiding Officer by the accredited representative. The Local Chair Chairman and/or the General Chair Chairman to be given a copy of statements of such witnesses on request.
16.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable.
16.8 Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision of Article 15.
16.9 A locomotive engineer who is instructed to report for investigation at a location other than their his home terminal shall be paid for actual time spent travelling hour for hour up to a maximum cumulative total of eight (8) hours in each twenty (24) hours, at a rate per hour as set out in Article 7.1.
16.10 An appeal against discipline assessed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment.
(a) For a locomotive engineerengineer in road service, including on the spare board, 1/52 of their his or her total earnings during the twenty six (26) full pay periods immediately preceding the time discipline was assessed for each week of seven (7) calendar days, portions of weeks to be paid on a proportional basis.
(1): When computing compensation in accordance with sub-article (b), any pay period during which a locomotive engineer was absent for seven (7) consecutive days or more because of bona fide injury, sickness in respect of which they are he is in receipt of weekly indemnity benefits or authorized leave of absence, together with their his earnings in that pay period, shall be subtracted from the twenty six (26) pay periods and total earnings. In such circumstances,
(2): Locomotive engineers missing their assignment for an investigation will have their guarantees protected.
16.11 Complaints made against locomotive 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. Grievance Procedure
17.1 A grievance concerning the interpretation or alleged violation of this Collective Agreement shall be processed in the following manner:)
Appears in 1 contract
Samples: Collective Agreement
Investigation - Discipline. 16.1 20.1 When an investigation is to be held the locomotive engineer whose presence is desired will be properly advised, in writing, as to the time, place and subject matter, which will be confined to the particular matter under investigation.
16.2 20.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and their his responsibility established.
16.3 20.3 A locomotive engineer who has been on duty in excess of eight (8) 8 hours will not be required to attend hearing without having sufficient time off duty for rest.
16.4 20.4 A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) 28 days from the date the locomotive engineer’s statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service.
16.5 20.5 At the hearing, the locomotive engineer, if they he so desiredesires, may have an accredited representative of the Teamsters Canada Rail Conference Brotherhood of Locomotive Engineers present who will be accorded the privilege of requesting the presiding Officer to ask questions for the record which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their his statement.
16.6 20.6 A locomotive engineer and their his accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive engineer's responsibility to offer rebuttal through the presiding Officer by the accredited representative. The Local Chair Chairman and/or the General Chair Chairman to be given a copy of statements of such witnesses on request.
16.7 20.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable.
16.8 20.8 Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision of Article 1519.
16.9 20.9 A locomotive engineer who is instructed to report for investigation at a location other than their his home terminal terminal, shall be paid for actual time spent travelling hour for hour up to a maximum cumulative total of eight (8) 8 hours in each twenty (24) 24 hours, at a rate per hour as set out in Article 7.12.1.
16.10 20.10 An appeal against discipline assessed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment.
(a) For a locomotive engineer, including on the spare board, 1/52 of their total earnings during the twenty six (26) full pay periods immediately preceding engineer assigned to a regular position in yard service at the time discipline was assessed assessed, 5 days straight time pay, including shift differential when applicable, for each week of seven (7) 7 calendar days, portions of weeks to be paid on a proportional basis.
(1): When computing compensation b) For a locomotive engineer in road service, including on the spare board, 1/52 of his or her total earnings during the 26 full pay periods immediately preceding the time discipline was assessed for each week of 7 calendar days, portions of weeks to be paid on a proportional basis. Payment for investigations, if incurred during layover, will be made in accordance with sub-article (b), any pay period during which a locomotive engineer was absent for seven (7) consecutive days or more because the provisions of bona fide injury, sickness in respect of which they are in receipt of weekly indemnity benefits or authorized leave of absence, together with their earnings in that pay period, the Collective Agreement. They shall be subtracted from over and above the twenty six (26) pay periods guarantee and total earnings. In such circumstances,
(2): Locomotive engineers missing their assignment for an investigation will have their guarantees protectedshall not be included in the accumulation toward the 160 hours.
16.11 20.11 Complaints made against locomotive 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. Grievance Procedure
17.1 A grievance concerning the interpretation or alleged violation of this Collective Agreement shall be processed in the following manner:.
Appears in 1 contract
Samples: Collective Agreement
Investigation - Discipline. 16.1 When an investigation is to be held the locomotive engineer whose presence is desired will be properly advised, in writing, as to the time, place and subject matter, which will be confined to the particular matter under investigation.
16.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and their responsibility established.
16.3 . A locomotive engineer who has been on duty in excess of eight (8) hours will not be required to attend hearing without having sufficient time off duty for rest.
16.4 . A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive Locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) days from the date the locomotive engineer’s engineet's statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service.
16.5 . At the hearing, hearing the locomotive engineer, if they he so desiredesires, may may, have an accredited representative of the Teamsters Canada Rail Conference Brotherhood of locomotive engineers present who will be accorded the privilege of requesting the presiding Officer officer to ask questions for the record which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their his statement.
16.6 . A locomotive engineer and their his accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive Locomotive engineer's responsibility to offer rebuttal through the presiding Officer by the accredited representative. The Local Chair and/or Chairman the General Chair Chairman to be given a copy of statements of such witnesses on request.
16.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable.
16.8 . Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision of Article 15.
16.9 A locomotive engineer who is instructed to report for investigation at a location other than their his home terminal shall be paid for actual time spent travelling hour for hour up to a maximum cumulative total of eight (8) hours in each twenty (24) hours, at a rate per hour as set out in Article 7.1.
16.10 An appeal against discipline assessed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment.
(a) For a locomotive engineer, including on the spare board, 1/52 of their total earnings during the twenty six (26) full pay periods immediately preceding the time discipline was assessed for each week of seven (7) calendar days, portions of weeks to be paid on a proportional basis.
(1): When computing compensation in accordance with sub-article (b), any pay period during which a locomotive engineer was absent for seven (7) consecutive days or more because of bona fide injury, sickness in respect of which they are in receipt of weekly indemnity benefits or authorized leave of absence, together with their earnings in that pay period, shall be subtracted from the twenty six (26) pay periods and total earnings. In such circumstances,
(2): Locomotive engineers missing their assignment for an investigation will have their guarantees protected.
16.11 Complaints made against locomotive 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. Grievance Procedure
17.1 A grievance concerning the interpretation or alleged violation of this Collective Agreement shall be processed in the following manner:Article
Appears in 1 contract
Samples: Collective Agreement
Investigation - Discipline. 16.1 20.1 When an investigation is to be held the locomotive engineer whose presence is desired will be properly advised, in writing, as to the time, place and subject matter, which will be confined to the particular matter under investigation.
16.2 20.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and their his responsibility established.
16.3 20.3 A locomotive engineer who has been on duty in excess of eight (8) 8 hours will not be required to attend hearing without having sufficient time off duty for rest.
16.4 20.4 A hearing shall be held and the locomotive engineer advised in writing of the decision within twenty-eight (28) calendar days from the date of the locomotive engineer's statement, unless as otherwise mutually agreed. No discipline will apply if the discipline is not assessed within twenty eight (28) 28 days from the date the locomotive engineer’s statement is completed; however, when a Corporation Officer requests an extension in time limits, such extension shall not be unreasonably withheld. In addition, should locomotive engineers be absent from service on the last day for the Corporation to render a decision, such as due vacation, illness, etc., the time limits will be automatically extended by seven (7) days beyond the date the locomotive engineers return to service.
16.5 20.5 At the hearing, the locomotive engineer, if they he so desiredesires, may have an accredited representative of the Teamsters Canada Rail Conference Brotherhood of Locomotive Engineers present who will be accorded the privilege of requesting the presiding Officer to ask questions for the record which have a bearing on the responsibility of the locomotive engineer. The locomotive engineer to be given a clear copy of their his statement.
16.6 20.6 A locomotive engineer and their his accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the locomotive engineer's responsibility to offer rebuttal through the presiding Officer by the accredited representative. The Local Chair Chairman and/or the General Chair Chairman to be given a copy of statements of such witnesses on request.
16.7 20.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable.
16.8 20.8 Locomotive engineers instructed to report for an investigation will be compensated for such service in accordance with the provision of Article 1519.
16.9 20.9 A locomotive engineer who is instructed to report for investigation at a location other than their his home terminal terminal, shall be paid for actual time spent travelling hour for hour up to a maximum cumulative total of eight (8) 8 hours in each twenty (24) 24 hours, at a rate per hour as set out in Article 7.12.1.
16.10 20.10 An appeal against discipline assessed may be made in accordance with the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such discipline, a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment.
(a) For a locomotive engineer, including on the spare board, 1/52 of their total earnings during the twenty six (26) full pay periods immediately preceding engineer assigned to a regular position in yard service at the time discipline was assessed assessed, 5 days straight time pay, including shift differential when applicable, for each week of seven (7) 7 calendar days, portions of weeks to be paid on a proportional basis.
(1): When computing compensation b) For a locomotive engineer in road service, including on the spare board, 1/52 of his or her total earnings during the 26 full pay periods immediately preceding the time discipline was assessed for each week of 7 calendar days, portions of weeks to be paid on a proportional basis. Payment for investigations, if incurred during layover, will be made in accordance with sub-article (b), any pay period during which a locomotive engineer was absent for seven (7) consecutive days or more because the provisions of bona fide injury, sickness in respect of which they are in receipt of weekly indemnity benefits or authorized leave of absence, together with their earnings in that pay period, the Collective Agreement. They shall be subtracted from over and above the twenty six (26) pay periods guarantee and total earnings. In such circumstances,
(2): Locomotive engineers missing their assignment for an investigation will have their guarantees protectedshall not be included in the accumulation toward the 160 hours.
16.11 20.11 Complaints made against locomotive 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. Grievance Procedure
17.1 A grievance concerning the interpretation or alleged violation of this Collective Agreement shall be processed in the following manner:Article 21
Appears in 1 contract
Samples: Collective Agreement
