Common use of Investigations and Discipline Clause in Contracts

Investigations and Discipline. ▇. ▇▇ ▇▇▇▇▇▇▇▇ employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, shall be disciplined without a fair hearing (investigation) by an officer of the Company. At least five (5) days prior to the hearing, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosing. B. Investigations will be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable request. C. Employees continued in service or not censored pending an investigation of an alleged offense shall be notified within ten (10) days after the company officer having authority to order an investigation has information of the offense of the charges pending. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after the investigation. D. Should any Trainman disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made on the basis of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainman’s acceptance of responsibility. 2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true and correct transcript will be taken of all hearings or investigations held under this Article and in the event the Trainman involved is assessed discipline, he, his representative and the General Chairperson will be furnished a copy of the transcript along with the discipline decision letter. At an investigation, a Trainman or his representative shall have the right to record, at his expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this rule. G. Letters of caution or warning are not discipline. Should the Trainman elect to dispute the validity of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the letter. H. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇‌ 13.1 An employee shall be advised of his or her right to have a representative of PSAC present at any formal disciplinary meeting or at any meeting held to investigate alleged misconduct of the employee. ▇▇ ▇▇▇▇▇▇▇▇ employed The employee will receive a minimum of twenty-four hours notice in writing (including reason(s)) of such meeting. 13.2 Prior to the commencement of any formal disciplinary investigation or meeting, the employee under formal investigation and performing service covered by this Agreementthe PSAC representative will be provided with a copy of all written and/or oral evidence which has been recorded and which has a bearing on the employee's involvement. A copy of the employee's own statement shall be provided. 13.3 The employee(s) shall be advised of their right to have a union representative present at any meeting to render a formal disciplinary decision. 13.4 An employee may be disciplined for just cause. When an employee is suspended from duty, including those Trainman or discharged, the Employer undertakes to notify the employee in locomotive engineer trainingwriting within twenty-eight (28) calendar days from the completion of the investigation, unless otherwise mutually agreed in writing, with a copy sent to the Local President. The parties agree to cooperate in the interests of conducting a timely investigation. An employee who does not receive the written reason for suspension, or discharge, at the time of his or her suspension, or discharge, shall be disciplined without a fair hearing (investigation) by an officer deemed suspended with pay until the written notice is delivered to the employee or, when the employee is unavailable, delivered to the Local President. 13.5 The investigation file will be deemed to form part of the Company. At least five (5) days prior employee's personnel file as of the date when a copy has been provided to the hearingemployee. It is understood that records in respect to harassment investigation will be maintained in a confidential file. All document(s) or written statement(s) contained in such files may be introduced into evidence provided the document(s) or written statement(s) have been provided to the employee or the PSAC representative in accordance with this article. 13.6 If an employee files a grievance against a written reprimand, suspension or discharge in accordance with Article 11, Marine Atlantic Inc. may, in its discretion postpone the imposition of the disciplinary action until the grievance is resolved. 13.7 The following steps outline a system of progressive discipline, or can be individual discipline actions on their own up to and including discharge as may be appropriate to the circumstances of the infraction - verbal warning - written warning - suspension - discharge With respect to discipline involving potential written warnings only, notwithstanding any other provision of this Article 13, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up procedure in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosing. B. Investigations will be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable request. C. Employees continued in service or not censored pending an investigation of an alleged offense shall be notified within ten (10) days after the company officer having authority to order an investigation has information of the offense of the charges pending. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after the investigation. D. Should any Trainman disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made clause governs on the basis understanding that no other form of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may formal discipline will be imposed for the Trainman’s acceptance of responsibility. 2infraction. No minutes or other record shall be made of A meeting with the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true employee and correct transcript a PSAC representative will be taken held during which the employee will be advised that the meeting relates only to the potential issuance of all hearings or investigations held under this Article a written warning and in will be presented with the event allegation, any further explanation and afforded an opportunity to consult with the Trainman involved is assessed discipline, he, his PSAC representative and the General Chairperson will then respond. Following that meeting, should it be furnished determined to issue a written warning, a copy of the transcript along written warning will be provided to the employee and the Local President. 13.8 In cases of written warning, suspension or discharge, Marine Atlantic Inc. shall provide the Local President with a copy of the discipline decision disciplinary letter. At an investigation, a Trainman or his representative shall have the right to record, at his expensewritten request of the employee, the investigation proceedings on a recording device. This provision will not Local President shall be used provided with all evidence relating to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this ruledisciplinary action. G. Letters 13.9 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of caution an employee shall be removed from the personnel file after twelve (12) months has lapsed since the disciplinary action was taken, provided that no further disciplinary action was recorded during this period. 13.10 Grievances relating to suspension or warning are not discipline. Should the Trainman elect to dispute the validity discharge shall be filed at Step 2 of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the lettergrievance procedure. H. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇. ▇▇ ▇▇▇▇▇▇▇▇ employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, A. No Engineer shall be disciplined without a fair hearing (investigation) by an officer of the Company. At least five twenty-four (524) days hours prior to the hearing, the Trainman employee will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing)him. He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman employee or by an accredited representative or member of the SMART-TD Brotherhood of his choosingLocomotive Engineers. B. Investigations When not inconvenient to the Company and to other employees, investigations will be held at such times, if possible, as to avoid holding a Trainman Engineers out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable requestshowing of a need. C. Employees continued in service or not censored pending an investigation of an alleged offense shall Investigations ordinarily will be notified held within ten (10) fifteen days after the company officer having authority to order an investigation has information of the offense time the carrier has sufficient knowledge of the charges pendingincident to be investigated to conduct an investigation. Within ten (10) days thereafter, an investigation shall Engineers will be held and a advised of decision rendered within ten (10) fifteen days after the investigation. D. Should any Trainman disciplined under Engineer subject to this Article Agreement consider that the discipline is unjusthe has been unjustly dealt with, he shall have the right to of appeal as provided in Article 28 of this agreement28, herein. In case of dismissal or suspension suspension, which is later found to be unjust, the Trainman Engineer so disciplined will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made on the basis of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainman’s acceptance of responsibility. 2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true and correct transcript will be taken of all hearings or investigations held under this Article and in the event the Trainman Engineer involved is assessed discipline, he, or his representative and the General Chairperson will shall be furnished a copy of the transcript along with the same upon request if discipline decision letteris assessed him. At an investigation, a Trainman an Engineer or his representative shall have the right to record, at his expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this rule. G. F. Letters of caution or warning are not discipline. Should the Trainman elect to Engineer dispute the validity of the warning, he has the right to have request a written statement regarding the event entered into his/her personal record fair hearing as provided s/in paragraph 1 provided he does so within ten (10) fifteen days of receipt of the letter. H. In matters pertaining to discipline. If the hearing reveals that the letter is unjust, or other questions not affecting changes in this Agreementit shall be removed from his record. Discipline, the officials if any, must be assessed within fifteen days of the Company reserve hearing. If the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it Engineer is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection dissatisfied with the casedecision, he may appeal as provided in Article 28, herein. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇25.1 An employee in service ninety (90) calendar days or more will not be disciplined or dismissed or have discipline placed on his record, until a fair and impartial investigation has been held. ▇▇ ▇▇▇▇▇▇▇▇ employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, Such investigation shall be disciplined without a fair hearing set promptly to be held not later than fifteen (investigation15) days from the date of the occurrence, except that personal conduct cases will be subject to the fifteen (15) day limit from the date information is obtained by an officer of the Company. At least five (5) days prior to the hearing, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosingexcept as provided in Rule 25.2. B. Investigations will 25.2 In cases involving serious infractions, an employee may be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the pending investigation. Postponements Such employee will be granted to either party upon a reasonable request. C. Employees continued in service or not censored pending an given written advice thereof. The investigation of an alleged offense shall be notified held within ten (10) days after date withheld from service. 25.3 Formal investigations, except those involving a serious act or occurrence, may be dispensed with should the company employee involved and the authorized representative and authorized officer having authority of the Carrier, through informal handling, be able to order resolve the matter to their mutual interests. Request for informal handling must be made at least 24 hours before a formal investigation is scheduled to begin. No formal transcript, statement or recording will be taken at the informal handling. When a case is handled informally and the matter of responsibility and discipline to be assessed if any, is resolved, no formal investigation will be required. A written notice of the discipline assessed and the reason therefore will be signed by the designated Carrier officer, the employee and union representative at the conclusion of the informal handling. Discipline matters resolved in accordance with this paragraph are final and binding and not subject to appeal. 25.4 When an investigation has information is to be held, each employee whose presence is desired will be notified in writing, at least 24 hours in advance, of the offense time, place and subject of the charges pending. Within ten (10) days thereafterinvestigation, an investigation shall be held and a decision rendered within ten (10) days after copy of the notice will be furnished the designated union officer. 25.5 An employee may be accompanied by a fellow employee or an accredited representative of the Union to assist him at the investigation. D. Should 25.6 The employee and his representative shall be entitled to be present during the examination of any Trainman disciplined under this Article consider witness whose testimony may have a bearing on his responsibility and offer rebuttal thereto. An employee shall make his own arrangements for the presence of witnesses appearing on his behalf, and no expense incident thereto shall be borne by the Carrier. 25.7 An employee and his accredited representative shall be given copy of the statement and copies of all evidence taken at the investigation. 25.8 A decision in writing shall be rendered within 21 calendar days following the date of completion of the investigation unless otherwise mutually agreed. 25.9 An employee found blameless and who has been held off duty, shall resume duty and be paid wages lost equal to the amount he would have earned had he not been held off duty. This Rule recognizes that, where an employee is restored to service with pay for time lost, it is proper that any earnings in other employment will be used to offset the discipline loss of earnings. 25.10 If an employee considers the decision rendered is unjust, he shall have an appeal may be instituted in writing at Step 2 of the right to appeal as provided grievance procedure (Rule 24.2), In appealing cases involving discipline of dismissal, the General Chairman may expedite the provisions contained in Article 28 of this agreementRule 24. In case such circumstances, the General Chairman must, within 60 days from the date the decision was rendered, make an appeal in writing to the highest designated officer of dismissal the Carrier authorized to receive same. 25.11 Investigations and hearings will be held in the general work area where facilities are available, during assigned working hours when possible. 25.12 The time limits in Rules 25.1 and 25.2 are subject to the availability of the principal(s) involved and witness(es) to attend formal investigation and may, by written notice to the employee involved, a copy to his representative, be extended by a reasonable amount of time should the principal(s) involved or suspension which is later found necessary witness(es) be off duty due to sickness, temporary disability, leave of absence or vacation. 25.13 The Carrier will supply the Organization all documents to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and used in any investigations prior to the hearing, to discuss the charge with the appropriate Company Officerwhenever practicable. 1. If the disposition of the charges is made on the basis of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainman’s acceptance of responsibility. 2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true and correct transcript will be taken of all hearings or investigations held under this Article and in the event the Trainman involved is assessed discipline, he, his representative and the General Chairperson will be furnished a copy of the transcript along with the discipline decision letter. At an investigation, a Trainman or his representative shall have the right to record, at his expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this rule. G. Letters of caution or warning are not discipline. Should the Trainman elect to dispute the validity of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the letter. H. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the 25.14 An employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum violation may sign a uniform waiver form in lieu of two (2) hours at the rate of pay to which assigned at the time of attendancea formal investigation/hearing. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇. ▇▇ ▇▇▇▇▇▇▇▇ A. No Trainman employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, shall be disciplined without a fair hearing (investigation) by an officer of the Company. At least five (5) days prior to the hearing, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosing. B. Investigations will be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable request. C. Employees continued in service or not censored pending an investigation of an alleged offense shall be notified within ten (10) days after the company officer having authority to order an investigation has information of the offense of the charges pending. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after the investigation. D. Should any Trainman disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made on the basis of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainman’s acceptance of responsibility. 2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true and correct transcript will be taken of all hearings or investigations held under this Article and in the event the Trainman involved is assessed discipline, he, his representative and the General Chairperson will be furnished a copy of the transcript along with the discipline decision letter. At an investigation, a Trainman or his representative shall have the right to record, at his expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this rule. G. Letters of caution or warning are not discipline. Should the Trainman elect to dispute the validity of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the letter. H. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. J. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇. ▇▇ ▇▇▇▇▇▇▇▇ A. No employee employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, Agreement shall be disciplined without a fair hearing (investigation) by an officer of the Company. At least five (5) days prior to the hearing, the Trainman employee will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman employee or by an accredited representative or member of the SMART-TD of his choosingTD. B. Investigations will be held at such times, if possible, as to avoid holding a Trainman an employee out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable requestshowing of a need. C. Employees continued in Investigations ordinarily will be held within twenty (20) days of the time the company has sufficient knowledge of the incident to be investigated to conduct an investigation. If the decision is made to withhold an employee from service or not censored pending an investigation of an alleged offense shall investigation, the hearing must be notified held within ten (10) days after the company officer having authority to order an investigation has information of the offense date the employee was initially withheld from service. Discipline, if any, must be assessed within twenty (20) days of the charges pendinginvestigation. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after If the investigation. D. Should any Trainman disciplined under this Article consider that employee is dissatisfied with the discipline is unjustdecision, he shall have or the right to duly authorized Union representative may appeal as provided in Article 28 of this agreement. 28. D. In case of dismissal or suspension suspension, which is later found to be unjust, the Trainman employee so disciplined will be reinstated with seniority rights unimpaired and paid for all time lost, lost subject to offset for earnings made of the employee during the period time out of suspension or dismissalservice. E. A Trainman An employee and/or the Trainmanemployee’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made on the basis of the Trainmanemployee’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman employee and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainmanemployee’s acceptance of responsibility. 2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true and correct transcript will be taken of all hearings or investigations held under this Article and in the event the Trainman employee involved is assessed discipline, he, and his representative and the General Chairperson will be furnished a copy of the transcript along with the discipline decision letter. At an investigation, a Trainman an employee or his representative shall have the right to record, at his expense, the investigation proceedings on a recording device. This provision will not be used to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this rule. G. Should any employee disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the employee will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. H. Letters of caution or warning are not discipline. Should the Trainman an employee elect to dispute the validity of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the letter. H. I. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.

Investigations and Discipline. ▇13.1 An employee shall be advised of their right to have a representative of PSAC present at any formal disciplinary meeting or at any meeting held to investigate alleged misconduct of the employee. ▇▇ ▇▇▇▇▇▇▇▇ employed The employee will receive a minimum of twenty-four hours notice in writing (including reason(s)) of such meeting. 13.2 Prior to the commencement of any formal disciplinary investigation or meeting, the employee under formal investigation and performing service covered by this Agreementthe PSAC representative will be provided with a copy of all written and/or oral evidence which has been recorded and which has a bearing on the employee's involvement. A copy of the employee's own statement shall be provided. 13.3 The employee(s) shall be advised of their right to have a union representative present at any meeting to render a formal disciplinary decision. 13.4 An employee may be disciplined for just cause. When an employee is suspended from duty, including those Trainman or discharged, the Employer undertakes to notify the employee in locomotive engineer trainingwriting within twenty-eight (28) calendar days from the completion of the investigation, unless otherwise mutually agreed in writing, with a copy sent to the Local President. The parties agree to cooperate in the interests of conducting a timely investigation. An employee who does not receive the written reason for suspension, or discharge, at the time of their suspension, or discharge, shall be disciplined without a fair hearing (investigation) by an officer deemed suspended with pay until the written notice is delivered to the employee or, when the employee is unavailable, delivered to the Local President. 13.5 The investigation file will be deemed to form part of the Company. At least five (5) days prior employee's personnel file as of the date when a copy has been provided to the hearingemployee. It is understood that records in respect to harassment investigation will be maintained in a confidential file. All document(s) or written statement(s) contained in such files may be introduced into evidence provided the document(s) or written statement(s) have been provided to the employee or the PSAC representative in accordance with this article. 13.6 If an employee files a grievance against a written reprimand, suspension or discharge in accordance with Article 11, Marine Atlantic Inc. may, in its discretion postpone the imposition of the disciplinary action until the grievance is resolved. 13.7 The following steps outline a system of progressive discipline, or can be individual discipline actions on their own up to and including discharge as may be appropriate to the circumstances of the infraction. - verbal warning - written warning - suspension - discharge With respect to discipline involving potential written warnings only, notwithstanding any other provision of this Article 13, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up procedure in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosing. B. Investigations will be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable request. C. Employees continued in service or not censored pending an investigation of an alleged offense shall be notified within ten (10) days after the company officer having authority to order an investigation has information of the offense of the charges pending. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after the investigation. D. Should any Trainman disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal. E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer. 1. If the disposition of the charges is made clause governs on the basis understanding that no other form of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may formal discipline will be imposed for the Trainman’s acceptance of responsibility. 2infraction. No minutes or other record shall be made of A meeting with the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline procedure. F. A true employee and correct transcript a PSAC representative will be taken held during which the employee will be advised that the meeting relates only to the potential issuance of all hearings or investigations held under this Article a written warning and in will be presented with the event allegation, any further explanation and afforded an opportunity to consult with the Trainman involved is assessed discipline, he, his PSAC representative and the General Chairperson will then respond. Following that meeting, should it be furnished determined to issue a written warning, a copy of the transcript along written warning will be provided to the employee and the Local President. 13.8 In cases of written warning, suspension or discharge, Marine Atlantic Inc. shall provide the Local President with a copy of the discipline decision disciplinary letter. At an investigation, a Trainman or his representative shall have the right to record, at his expensewritten request of the employee, the investigation proceedings on a recording device. This provision will not Local President shall be used provided with all evidence relating to delay or postpone the investigation proceedings. Distribution of notices and transcripts by electronic means shall fulfill the Company’s obligation under this ruledisciplinary action. G. Letters 13.9 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of caution an employee shall be removed from the personnel file after twelve (12) months of actual cumulative time worked has lapsed since the disciplinary action was taken, provided that no further disciplinary action was recorded during this period. 13.10 Grievances relating to suspension or warning are not discipline. Should the Trainman elect to dispute the validity discharge shall be filed at Step 2 of the warning, he has the right to have a written statement regarding the event entered into his/her personal record provided s/he does so within ten (10) days of receipt of the lettergrievance procedure. H. In matters pertaining to discipline, or other questions not affecting changes in this Agreement, the officials of the Company reserve the right to meet any of their employees either individually or collectively. I. A Trainman shall not be withheld from service pending a hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule ”G”, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous. ▇. The Company will arrange to have present as witnesses those employees who are known or expected to know facts material to the subject matter of the investigation. In the event that it develops during the course of the investigation that there are employees not present who have knowledge of facts material to the subject under investigation, the employee charged or his representative may request such witnesses be present, stating the facts and/or information to be developed by their testimony. Recess of the investigation will be granted unless it is obvious the request for recess is only made for the purpose of delaying the investigation. Where the employee charged or a material witness is unable to attend because of sickness or injury, the investigation will be recessed until such time as the employee or witness is able to attend the investigation. K. Employees charged shall have the right to be present at investigations and shall have the right to hear all testimony, review all documents entered and present facts in connection with the case. L. Objections and the reasons therefore will be recorded in the transcript. The hearing officer shall render a ruling and the reason therefore in regard to objections. M. The content of the investigation transcript will be the basis for assessing discipline. N. If discipline is assessed, the reasons therefore will be included in the notice of discipline. O. If an employee is withheld from service pending an investigation, any suspension assessed as a result of the investigation will include the time withheld from service. P. Employees who are required by the Company to attend an investigation who are not found at fault will be paid for all time lost and, in the event the investigation is held at other than the employee’s home terminal, actual and reasonable expenses for travel. Q. Employees required by the Company to attend investigations as principles or witnesses on their layover or rest day(s) who are not found at fault will be paid for the actual time attending the investigation with a minimum of two (2) hours at the rate of pay to which assigned at the time of attendance. R. Reinstatements of discharged employees on a leniency basis with seniority rights unimpaired shall be permitted only by agreement between the General Chairperson of SMART-TD and the Assistant Vice President of Labor Relations, or his designee.