Common use of Investigation - Discipline Clause in Contracts

Investigation - Discipline. 24.1 When an investigation is to be held the employee whose presence is desired will be properly advised in 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. 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. At the outset of the investigation the employee will be provided with all evidence the Company will be relying upon, which may result in the issuing of discipline. The Company will provide sufficient time for the employee and his representative to review all the evidence provided prior to the commencement of the investigation. 24.2 An employee will not be disciplined or dismissed without having had a fair and impartial hearing and his or her responsibility established. At an investigation, the investigating company officer, the employee and/or his representative shall have right to voice record, at their own expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. 24.3 An employee 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. 24.4 A hearing shall be held and the employee advised in writing of the decision within twenty-eight calendar days from the date of the employee’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 exonerated 24.5 At the hearing the employee, if he or she so desires, 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 employee. The employee to be given a clear copy of his or her statement. 24.6 An employee and his or her accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the employee’s responsibility to offer rebuttal through the presiding officer by the accredited representative. The Local Chairman and/or the General Chairman to be given a copy of statements of such witnesses on request. When the Local Chairman of the union requests a copy of the discipline history of an employee who has a pending investigation, the discipline history shall be provided. 24.7 An employee will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 24.8 Employees instructed to report for investigation will be compensated for such service in accordance with the provisions of Article 70 with a minimum of a basic day. 24.9 An employee who is instructed to report for investigation at a location other than his or her 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, 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. 24.10 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 employee losing time shall be paid for time lost as follows, less any amount earned in other employment: (a) For an employee 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 an employee in road service, including on the spare board but excluding assigned road switcher service, 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. 24.11 Complaints made against employees that might result in an investigation must be in writing and the employee concerned furnished with a copy; verbal complaints will not be entertained. 24.12 Employees will not be discharged 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. 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 under the normal grievance procedure. For clarity on this article, see Letter 120.

Investigation - Discipline. 24.1 71.1 When an investigation is to be held the employee locomotive engineer whose presence is desired will be properly advised in 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. 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. At the outset of the investigation the employee will be provided with all evidence the Company will be relying upon, which may result in the issuing of discipline. The Company will provide sufficient time for the employee and his representative to review all the evidence provided prior to the commencement of the investigation. 24.2 An employee 71.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and his or her responsibility established. At an investigation, the investigating company officer, the employee locomotive engineer and/or his representative shall have right to voice record, at their own expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. 24.3 An employee 71.3 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. 24.4 71.4 A hearing shall be held and the employee locomotive engineer advised in writing of the decision within twenty-eight calendar days from the date of the employee’s 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 exonerated. 24.5 71.5 At the hearing the employeelocomotive engineer, if he or she so desires, 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 employeelocomotive engineer. The employee locomotive engineer to be given a clear copy of his or her statement. 24.6 An employee 71.6 A locomotive engineer and his or her accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the employee’s locomotive engineer's responsibility to offer rebuttal through the presiding officer by the accredited representative. The Local Chairman and/or the General Chairman to be given a copy of statements of such witnesses on request. When the Local Chairman of the union requests a copy of the discipline history of an employee who has a pending investigation, the discipline history shall be provided. 24.7 An employee 71.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 24.8 Employees 71.8 Locomotive engineers instructed to report for investigation will be compensated for such service in accordance with the provisions of Article 70 with a minimum of a basic day. 24.9 An employee 71.9 A locomotive engineer who is instructed to report for investigation at a location other than his or her 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, 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. 24.10 71.10 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 employee a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment: (a) For an employee a locomotive engineer 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 an employee a locomotive engineer in road service, including on the spare board but excluding assigned road switcher service, 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. NOTE: When computing compensation in accordance with sub-paragraph (b), any pay period during which a locomotive engineer was absent for 7 consecutive days or more because of bona fide injury, sickness in respect of which he or she is in receipt of weekly indemnity benefits or authorized leave of absence, together with his or her earnings in that pay period, shall be subtracted from the 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. 24.11 71.11 Complaints made against employees locomotive engineers that might result in an investigation must be in writing and the employee engineer concerned furnished with a copy; verbal complaints will not be entertained. 24.12 Employees 71.12 Locomotive engineers will not be discharged 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. 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 under the normal grievance procedure. For clarity on this article, see Letter 120.

Investigation - Discipline. 24.1 71.1 (2010) When an investigation is to be held the employee locomotive engineer whose presence is desired will be properly advised in 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. 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. At the outset of the investigation the employee will be provided with all evidence the Company will be relying upon, which may result in the issuing of discipline. The Company will provide sufficient time for the employee and his representative to review all the evidence provided prior to the commencement of the investigation. 24.2 An employee 71.2 A locomotive engineer will not be disciplined or dismissed without having had a fair and impartial hearing and his or her responsibility established. At an investigation, the investigating company officer, the employee locomotive engineer and/or his representative shall have right to voice record, at their own expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. 24.3 An employee 71.3 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. 24.4 71.4 A hearing shall be held and the employee locomotive engineer advised in writing of the decision within twenty-eight calendar days from the date of the employee’s 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 exonerated. 24.5 71.5 At the hearing the employeelocomotive engineer, if he or she so desires, 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 employeelocomotive engineer. The employee locomotive engineer to be given a clear copy of his or her statement. 24.6 An employee 71.6 A locomotive engineer and his or her accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the employee’s locomotive engineer's responsibility to offer rebuttal through the presiding officer by the accredited representative. The Local Chairman and/or the General Chairman to be given a copy of statements of such witnesses on request. When the Local Chairman of the union requests a copy of the discipline history of an employee who has a pending investigation, the discipline history shall be provided. 24.7 An employee 71.7 A locomotive engineer will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 24.8 Employees 71.8 Locomotive engineers instructed to report for investigation will be compensated for such service in accordance with the provisions of Article 70 with a minimum of a basic day. 24.9 An employee 71.9 A locomotive engineer who is instructed to report for investigation at a location other than his or her 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, 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. 24.10 71.10 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 employee a locomotive engineer losing time shall be paid for time lost as follows, less any amount earned in other employment: (a) For an employee a locomotive engineer 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 an employee a locomotive engineer in road service, including on the spare board but excluding assigned road switcher service, 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. NOTE: When computing compensation in accordance with sub-paragraph (b), any pay period during which a locomotive engineer was absent for 7 consecutive days or more because of bona fide injury, sickness in respect of which he or she is in receipt of weekly indemnity benefits or authorized leave of absence, together with his or her earnings in that pay period, shall be subtracted from the 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. 24.11 71.11 Complaints made against employees locomotive engineers that might result in an investigation must be in writing and the employee engineer concerned furnished with a copy; verbal complaints will not be entertained. 24.12 Employees 71.12 Locomotive engineers will not be discharged 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. 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 under the normal grievance procedure. For clarity on this article, see Letter 120.

Investigation - Discipline. 24.1 9.01 When an investigation is to be held the employee whose presence is desired will be properly advised in 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. 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. At the outset of the investigation the employee will be provided with all evidence the Company will be relying upon, which may result in the issuing of discipline. The Company will provide sufficient time for the employee and his representative to review all the evidence provided prior to the commencement of the investigation. 24.2 9.02 An employee will not be disciplined or dismissed without having had a fair and impartial hearing and his or her responsibility established. At an investigation, the investigating company officer, the employee and/or his representative shall have right to voice record, at their own expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. 24.3 9.03 An employee 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. 24.4 9.04 A hearing shall be held and the employee advised in writing of the decision within twenty-eight calendar days from the date of the employee’s '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 exonerated. 24.5 9.05 At the hearing the employee, if he or she so desires, 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 employee. The employee to be given a clear copy of his or her statement. 24.6 9.06 An employee and his or her accredited representative shall have the right to be present during the examination of any witness whose evidence may have a bearing on the employee’s 's responsibility to offer rebuttal through the presiding officer by the accredited representative. The Local Chairman and/or the General Chairman to be given a copy of statements of such witnesses on request. When the Local Chairman of the union requests a copy of the discipline history of an employee who has a pending investigation, the discipline history shall be provided. 24.7 9.07 An employee will not be held off unnecessarily in connection with an investigation, lay-over time to be used as far as practicable. 24.8 9.08 Employees instructed to report for investigation will be compensated for such service in accordance with the provisions of Article 70 9.13 with a minimum of a basic day. 24.9 9.09 An employee who is instructed to report for investigation at a location other than his or her 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, 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. 24.10 9.10 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 employee losing time shall be paid for time lost as follows, less any amount earned in other employment: (a) For an employee 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 an a employee in road service, including on the spare board but excluding assigned road switcher service, 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. 24.11 9.11 Complaints made against employees that might result in an investigation must be in writing and the employee engineer concerned furnished with a copy; verbal complaints will not be entertained. 24.12 9.12 Employees will not be discharged 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. 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 under the normal grievance procedure. For clarity on this article, see Letter 12015. 9.13 Employees required to attend Company statements and/or investigations at the direction of the Company: a) During regular working hours will suffer no loss of pay b) During a rest day will be compensated for actual time occupied at the hearing at overtime rates c) Prior to or subsequent to a work shift will be compensated for actual time occupied at the hearing at overtime rates 9.14 A grievance concerning the interpretation or alleged violation of this agreement shall be processed in the following manner An appeal against discharge, suspension, demerit marks in excess of 30 and restrictions shall be initiated at Step 3 of this grievance procedure. All other appeals against discipline imposed shall be initiated at Step 2 of this grievance procedure. (a) Step 1 - Presentation of Grievance to Immediate Supervisor Within 28 calendar days from the date of cause of grievance the employee or the Local Chairman may present the grievance in writing to the immediate supervisor. The grievance shall include a written statement of grievance as it concerns the interpretation or alleged violation of the agreement and identify the article and paragraph(s) of the article involved. The supervisor will give a decision in writing within 28 calendar days of receipt of the grievance. In case of declination the supervisor will state the reason(s) for the decision in relation to the statement of grievance submitted. Once a time claim has been declined, or altered, by an immediate Supervisor or delegate, it will be considered as having been handled at Step 1 of the grievance procedure. (b) Step 2 - Appeal to District Superintendent (Transportation) Within 60 calendar days of the date of the decision under Step 1, or in the case of an appeal against discipline imposed, within 60 calendar days of the date on which the employee was notified of the discipline assessed, the Local Chairman may appeal the decision in writing to the District Superintendent (Transportation). The appeal shall include a written statement of grievance as it concerns the interpretation or alleged violation of the agreement, and identify the article and paragraph(s) of the article involved. The written statement in the case of an appeal against discipline imposed shall outline the Union’s contention as to why the discipline should be reduced or removed. The decision will be rendered in writing within 60 calendar days of receipt of the appeal. In case of declination, the decision will contain the Company's reason(s) in relation to the written statement of grievance submitted. (c) Step 3 - Appeal to Vice-President Within 60 calendar days of the date of the decision under Step 2, the General Chairman may appeal the decision in writing to the regional Vice-President. The appeal shall be accompanied by the Union's contention, and all relevant information concerning the grievance and shall (1) be examined in a meeting between the Vice-President or delegate and the General Chairman or delegate (who shall be an executive officer of the Union) within 60 calendar days of the date of the appeal. The Vice-President shall render a decision in writing within 30 calendar days of the date on which the meeting took place; or (2) should the General Chairman or the Vice-President consider that a meeting on a particular grievance is not required he will so advise the other accordingly. In the event a meeting is not agreed to the Vice-President shall render his decision in writing within 60 days of the date of this appeal. 9.15 A grievance concerning the interpretation or alleged violation of this agreement, or an appeal against discipline imposed, which is not settled under sub-paragraph 9.14 (c) may be referred by any of the signatories to this agreement to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work. 9.16 A request for arbitration shall be made in writing by either party to the other within 60 calendar days following the date decision is rendered in writing under sub-paragraph 9.14(c) by filing written notice thereof with the Canadian Railway Office of Arbitration and on the same date by service thereof on the other party.