DISCIPLINARY RULES AND PROCEDURES. 8.01 An employee shall not be dismissed, suspended or disciplined without justification and without a fair and impartial investigation. 8.02 An employee shall not be kept out of service while awaiting an investigation except in a serious case such as theft, drug or alcohol abuse, insubordination, major accidents, non-authorized or improper use of the Company's equipment or installations, unauthorized use of the Company credit cards, false salary claims, illegal activities, serious misconduct and major offences that may be considered hazardous if the employee remains in service. 8.03 An employee that is ordered to present himself to a formal investigation in order to determine his responsibility concerning an event or incident, shall be advised in writing by registered mail with acknowledgement of receipt, to his last known address, within a reasonable time period. However, this period shall not exceed ten (10) calendar days from the date of the incident or from the date that the incident became known by the employee's supervisor. This notice can also be delivered by hand to the employee, with acknowledgement of receipt. The notice shall contain a clear and precise enunciation of the date, time, place and nature of the event or incident that brought about the investigation. The notice shall be sent to the employee and a copy shall be sent to the Union President via mail or via e-mail. The notice shall be sent to the employee's residence only when other means of notification are not available. The Employer and the employee may waive this procedure by mutual agreement. 8.04 The notice shall state the date, time and place where the investigation shall be held and shall not be less than five (5) calendar days following the date of the notice or greater than ten (10) calendar days from the date of the notice unless there is an agreement to the contrary. 8.05 The Employer shall have the burden of producing enough witnesses to develop the facts surrounding the incident or the event in question and the notice of the investigation shall include the names of all of the persons receiving the notice and the names of all the witnesses that the Employer has the intention of calling, and who shall be known at the time of the notice. The employee or his representative may bring to the attention of his supervisor the names of other witnesses that may furnish facts. 8.06 The notice shall inform each employee of his right to representation by another employee or a Union representative and that he may bring witnesses. 8.07 An employee who has been advised to present himself to an investigation has the option, before the investigation, to discuss with the Employer, in person, with or without the Union representative. If the settlement of the charge is based upon the employee's admission of responsibility, then it shall be reduced to a written admission and signed by the employee and the supervisor in question. The written admission shall indicate the maximum disciplinary measure that may be imposed upon admission of responsibility. The settlement of cases will not create any precedence in the resolution of other cases. 8.08 No minutes or other records shall be taken of the discussions. If the parties are incapable of reaching a settlement, no reference shall be made by either party when the charges follow the normal disciplinary procedure. 8.09 In accordance with the provisions under Article 8.01 for a fair and impartial investigation, the adjournment of a formal investigation may be required by one of the parties on a reasonable basis and consent must not be unreasonably withheld. 8.10 The investigation must be directed by the employee's supervisor who may be assisted by other supervisors. If it is possible, the investigation shall be held at the concerned employee's departure terminal or in cases where more than one employee is implicated, at the departure terminal of the majority of employees. 8.11 When another railway is implicated, this shall not prevent the employee’s supervisor from holding an investigation or from assisting in the investigation and recognizing that in all cases, there shall only be one investigating supervisor. It is understood that another implicated railway, of its own right, may require that they themselves conduct the investigation. 8.12 In either case, an official representative from Central Maine and Quebec Railway Canada Inc. shall be present at the investigation. 8.13 During the investigation as stipulated under Article 8.11, the employee may exercise his right to move to a position for which he is qualified and if his seniority permits, if he has been prevented from working on his assignment by another railway, subject to Article 8.02. 8.14 The employee shall have the right to be represented at the investigation by a fellow employee or Union representative, at the discretion of the employee. The employee or his representative shall have the right to present witnesses in favor of the employee and shall hear all of the presented witnesses. The employee’s representative shall have the right to question all witnesses. 8.15 The employee's personal work record shall not be included and no reference to it shall be made during the investigation or in the transcription of the investigation’s procedures. The employee's personal record shall be taken into consideration at the time that discipline is imposed, if need be. 8.16 If a formal investigation is not held within the specified deadline, the employee shall not be disciplined, shall be paid for all lost work hours and no discipline shall be inscribed in the employee's personal record. 8.17 The employee and the witness shall have permission to obtain leaves, if required, in order to have enough rest before and after the investigation. 8.18 It is recognized that the Employer shall be responsible in ensuring that a precise transcription or recording of the investigation's procedures is made. However, this shall not impede the employee or his representative from making their own record of the procedures. 8.19 If, during the investigation, a partial transcription is made before the conclusion of the investigation, this partial transcription shall be at the disposal of the employee and his representative upon request. If electronic recordings are used and these recordings are available for review by the supervisors, they shall also be placed at the disposal of the employee and his representative upon request, at the Employer’s appropriate facilities. 8.20 In all cases, whether a disciplinary measure is imposed or not, a transcription, or a copy of the said transcription, if any, shall be furnished to the employee and to his representative upon request. 8.21 If the formal results from the investigation impose discipline, this decision shall be rendered within fifteen (15) calendar days from the date of the investigation's conclusion and the employee shall be advised by telephone or in person with a written confirmation of the reasons by certified or registered mail with an additional copy sent to the employee's representative. A notice by telephone or in person shall be sufficient to be considered rendered within the period of fifteen (15) calendar days with respect to the limit of time prescribed in accordance with this Article. 8.22 If the results of the investigation do not impose any discipline, all charges or allegations in relation with this affair entered in the employee's record, shall be withdrawn. 8.23 The witnesses that the Employer requests to be present during an investigation shall be compensated for all lost work hours and, in addition, shall be reimbursed for all reasonable expenses incurred for each day of the investigation. When there are no lost work hours, they shall be paid for the time that they assisted at the investigation, a minimum of four (4) hours or half a day, when applicable, to be paid at the regular salary rate applicable for the last shift worked. 8.24 When an employee implicated in a formal investigation does not receive discipline, the employee shall be compensated for any lost work hours. In addition, the employee shall be reimbursed for the necessary and reasonable expenses incurred for each day of the investigation. When no time is lost, the employee shall be paid for the time that he was present at the investigation, a minimum of four (4) hours or half a day, when applicable, for each day of the investigation at the applicable wage rate for the most recent shift completed. 8.25 The employees ordered to attend an investigation before, during or after the end of their workday, shall be paid for all continuous time as though they were on duty. 8.26 Any disciplinary measure may be submitted to the grievance procedure and arbitration.
Appears in 1 contract
Sources: Collective Agreement
DISCIPLINARY RULES AND PROCEDURES. 8.01 An employee shall not be dismissed, suspended or disciplined without justification and without a fair and impartial investigation.
8.02 An employee shall not be kept out of service while awaiting an investigation except in a serious case such as theft, drug or alcohol abuse, insubordination, major accidents, non-authorized or improper use of the Company's equipment or installations, unauthorized use of the Company credit cards, false salary claims, illegal activities, serious misconduct and major offences that may be considered hazardous if the employee remains in service.
8.03 An employee that is ordered to present himself to a formal investigation in order to determine his responsibility concerning an event or incident, shall be advised in writing by registered mail with acknowledgement of receipt, to his last known address, within a reasonable time period. However, this period shall not exceed ten (10) calendar days from the date of the incident or from the date that the incident became known by the employee's supervisor. This notice can also be delivered by hand to the employee, with acknowledgement of receipt. The notice shall contain a clear and precise enunciation of the date, time, place and nature of the event or incident that brought about the investigation. The notice shall be sent to the employee and a copy shall be sent to the Union President via mail or via e-mail. The notice shall be sent to the employee's residence only when other means of notification are not available. The Employer and the employee may waive this procedure by mutual agreement.
8.04 The notice shall state the date, time and place where the investigation shall be held and shall not be less than five (5) calendar days following the date of the notice or greater than ten (10) calendar days from the date of the notice unless there is an agreement to the contrary.
8.05 The Employer shall have the burden of producing enough witnesses to develop the facts surrounding the incident or the event in question and the notice of the investigation shall include the names of all of the persons receiving the notice and the names of all the witnesses that the Employer has the intention of calling, and who shall be known at the time of the notice. The employee or his representative may bring to the attention of his supervisor the names of other witnesses that may furnish facts.
8.06 The notice shall inform each employee of his right to representation by another employee or a Union representative and that he may bring witnesses.another
8.07 An employee who has been advised to present himself to an investigation has the option, before the investigation, to discuss with the Employer, in person, with or without the Union representative. If the settlement of the charge is based upon the employee's admission of responsibility, then it shall be reduced to a written admission and signed by the employee and the supervisor in question. The written admission shall indicate the maximum disciplinary measure that may be imposed upon admission of responsibility. The settlement of cases will not create any precedence in the resolution of other cases.
8.08 No minutes or other records shall be taken of the discussions. If the parties are incapable of reaching a settlement, no reference shall be made by either party when the charges follow the normal disciplinary procedure.
8.09 In accordance with the provisions under Article 8.01 for a fair and impartial investigation, the adjournment of a formal investigation may be required by one of the parties on a reasonable basis and consent must not be unreasonably withheld.
8.10 The investigation must be directed by the employee's supervisor who may be assisted by other supervisors. If it is possible, the investigation shall be held at the concerned employee's departure terminal or in cases where more than one employee is implicated, at the departure terminal of the majority of employees.
8.11 When another railway is implicated, this shall not prevent the employee’s supervisor from holding an investigation or from assisting in the investigation and recognizing that in all cases, there shall only be one investigating supervisor. It is understood that another implicated railway, of its own right, may require that they themselves conduct the investigation.
8.12 In either case, an official representative from Central Maine and Quebec Railway Canada Inc. shall be present at the investigation.
8.13 During the investigation as stipulated under Article 8.11, the employee may exercise his right to move to a position for which he is qualified and if his seniority permits, if he has been prevented from working on his assignment by another railway, subject to Article 8.028.
8.14 The employee shall have the right to be represented at the investigation by a fellow employee or Union representative, at the discretion of the employee. The employee or his representative shall have the right to present witnesses in favor of the employee and shall hear all of the presented witnesses. The employee’s representative shall have the right to question all witnesses.
8.15 The employee's personal work record shall not be included and no reference to it shall be made during the investigation or in the transcription of the investigation’s procedures. The employee's personal record shall be taken into consideration at the time that discipline is imposed, if need be.
8.16 If a formal investigation is not held within the specified deadline, the employee shall not be disciplined, shall be paid for all lost work hours and no discipline shall be inscribed in the employee's personal record.
8.17 The employee and the witness shall have permission to obtain leaves, if required, in order to have enough rest before and after the investigation.
8.18 It is recognized that the Employer shall be responsible in ensuring that a precise transcription or recording of the investigation's procedures is made. However, this shall not impede the employee or his representative from making their own record of the procedures.
8.19 If, during the investigation, a partial transcription is made before the conclusion of the investigation, this partial transcription shall be at the disposal of the employee and his representative upon request. If electronic recordings are used and these recordings are available for review by the supervisors, they shall also be placed at the disposal of the employee and his representative upon request, at the Employer’s appropriate facilities.
8.20 In all cases, whether a disciplinary measure is imposed or not, a transcription, or a copy of the said transcription, if any, shall be furnished to the employee and to his representative upon request.
8.21 If the formal results from the investigation impose discipline, this decision shall be rendered within fifteen (15) calendar days from the date of the investigation's conclusion and the employee shall be advised by telephone or in person with a written confirmation of the reasons by certified or registered mail with an additional copy sent to the employee's representative. A notice by telephone or in person shall be sufficient to be considered rendered within the period of fifteen (15) calendar days with respect to the limit of time prescribed in accordance with this Article.
8.22 If the results of the investigation do not impose any discipline, all charges or allegations in relation with this affair entered in the employee's record, shall be withdrawn.
8.23 The witnesses that the Employer requests to be present during an investigation shall be compensated for all lost work hours and, in addition, shall be reimbursed for all reasonable expenses incurred for each day of the investigation. When there are no lost work hours, they shall be paid for the time that they assisted at the investigation, a minimum of four (4) hours or half a day, when applicable, to be paid at the regular salary rate applicable for the last shift worked.
8.24 When an employee implicated in a formal investigation does not receive discipline, the employee shall be compensated for any lost work hours. In addition, the employee shall be reimbursed for the necessary and reasonable expenses incurred for each day of the investigation. When no time is lost, the employee shall be paid for the time that he was present at the investigation, a minimum of four (4) hours or half a day, when applicable, for each day of the investigation at the applicable wage rate for the most recent shift completed.
8.25 The employees ordered to attend an investigation before, during or after the end of their workday, shall be paid for all continuous time as though they were on duty.
8.26 Any disciplinary measure may be submitted to the grievance procedure and arbitration.
Appears in 1 contract
Sources: Collective Agreement
DISCIPLINARY RULES AND PROCEDURES. 8.01 An employee shall not be dismissed, suspended or disciplined without justification and without a fair and impartial investigation.
8.02 An employee shall not be kept out of service while awaiting an investigation except in a serious case such as theft, drug or alcohol abuse, insubordination, major accidents, non-authorized or improper use of the Company's equipment or installations, unauthorized use of the Company credit cards, false salary claims, illegal activities, serious misconduct and major offences that may be considered hazardous if the employee remains in service.
8.03 An employee that is ordered to present himself to a formal investigation in order to determine his responsibility concerning an event or incident, shall be advised in writing by registered mail with acknowledgement of receipt, to his last known address, within a reasonable time period. However, this period shall not exceed ten (10) calendar days from the date of the incident or from the date that the incident became known by the employee's supervisor. This notice can also be delivered by hand to the employee, with acknowledgement of receipt. The notice shall contain a clear and precise enunciation of the date, time, place and nature of the event or incident that brought about the investigation. The notice shall be sent to the employee and a copy shall be sent to the Union President via mail or via e-mail. The notice shall be sent to the employee's residence only when other means of notification are not available. The Employer and the employee may waive this procedure by mutual agreement.
8.04 The notice shall state the date, time and place where the investigation shall be held and shall not be less than five (5) calendar days following the date of the notice or greater than ten (10) calendar days from the date of the notice unless there is an agreement to the contrary.
8.05 The Employer shall have the burden of producing enough witnesses to develop the facts surrounding the incident or the event in question and the notice of the investigation shall include the names of all of the persons receiving the notice and the names of all the witnesses that the Employer has the intention of calling, and who shall be known at the time of the notice. The employee or his representative may bring to the attention of his supervisor the names of other witnesses that may furnish facts.
8.06 The notice shall inform each employee of his right to representation by another employee or a Union representative and that he may bring witnesses.
8.07 An employee who has been advised to present himself to an investigation has the option, before the investigation, to discuss with the Employer, in person, with or without the Union representative. If the settlement of the charge is based upon the employee's admission of responsibility, then it shall be reduced to a written admission and signed by the employee and the supervisor in question. The written admission shall indicate the maximum disciplinary measure that may be imposed upon admission of responsibility. The settlement of cases will not create any precedence in the resolution of other cases.
8.08 No minutes or other records shall be taken of the discussions. If the parties are incapable of reaching a settlement, no reference shall be made by either party when the charges follow the normal disciplinary procedure.
8.09 In accordance with the provisions under Article 8.01 for a fair and impartial investigation, the adjournment of a formal investigation may be required by one of the parties on a reasonable basis and consent must not be unreasonably withheld.
8.10 The investigation must be directed by the employee's supervisor who may be assisted by other supervisors. If it is possible, the investigation shall be held at the concerned employee's departure terminal or in cases where more than one employee is implicated, at the departure terminal of the majority of employees.
8.11 When another railway is implicated, this shall not prevent the employee’s supervisor from holding an investigation or from assisting in the investigation and recognizing that in all cases, there shall only be one investigating supervisor. It is understood that another implicated railway, of its own right, may require that they themselves conduct the investigation.
8.12 In either case, an official representative from Central Maine and Quebec Railway Canada Inc. shall be present at the investigation.
8.13 During the investigation as stipulated under Article 8.11, the employee may exercise his right to move to a position for which he is qualified and if his seniority permits, if he has been prevented from working on his assignment by another railway, subject to Article 8.028.
8.14 The employee shall have the right to be represented at the investigation by a fellow employee or Union representative, at the discretion of the employee. The employee or his representative shall have the right to present witnesses in favor of the employee and shall hear all of the presented witnesses. The employee’s 's representative shall have the right to question all witnesses.
8.15 The employee's personal work record shall not be included and no reference to it shall be made during the investigation or in the transcription of the investigation’s 's procedures. The employee's personal record shall be taken into consideration at the time that discipline is imposed, if need be.
8.16 If a formal investigation is not held within the specified deadline, the employee shall not be disciplined, shall be paid for all lost work hours and no discipline shall be inscribed in the employee's personal record.
8.17 The employee and the witness shall have permission to obtain leaves, if required, in order to have enough rest before and after the investigation.
8.18 It is recognized that the Employer shall be responsible in ensuring that a precise transcription or recording of the investigation's procedures is made. However, this shall not impede the employee or his representative from making their own record of the procedures.
8.19 If, during the investigation, a partial transcription is made before the conclusion of the investigation, this partial transcription shall be at the disposal of the employee and his representative upon request. If electronic recordings are used and these recordings are available for review by the supervisors, they shall also be placed at the disposal of the employee and his representative upon request, at the Employer’s 's appropriate facilities.
8.20 In all cases, whether a disciplinary measure is imposed or not, a transcription, or a copy of the said transcription, if any, shall be furnished to the employee and to his representative upon request.
8.21 If the formal results from the investigation impose discipline, this decision shall be rendered within fifteen (15) calendar days from the date of the investigation's conclusion and the employee shall be advised by telephone or in person with a written confirmation of the reasons by certified or registered mail with an additional copy sent to the employee's representative. A notice by telephone or in person shall be sufficient to be considered rendered within the period of fifteen (15) calendar days with respect to the limit of time prescribed in accordance with this Article.
8.22 If the results of the investigation do not impose any discipline, all charges or allegations in relation with this affair entered in the employee's record, shall be withdrawn.
8.23 The witnesses that the Employer requests to be present during an investigation shall be compensated for all lost work hours and, in addition, shall be reimbursed for all reasonable expenses incurred for each day of the investigation. When there are no lost work hours, they shall be paid for the time that they assisted at the investigation, a minimum of four (4) hours or half a day, when applicable, to be paid at the regular salary rate applicable for the last shift worked.
8.24 When an employee implicated in a formal investigation does not receive discipline, the employee shall be compensated for any lost work hours. In addition, the employee shall be reimbursed for the necessary and reasonable expenses incurred for each day of the investigation. When no time is lost, the employee shall be paid for the time that he was present at the investigation, a minimum of four (4) hours or half a day, when applicable, for each day of the investigation at the applicable wage rate for the most recent shift completed.
8.25 The employees ordered to attend an investigation before, during or after the end of their workday, shall be paid for all continuous time as though they were on duty.
8.26 Any disciplinary measure may be submitted to the grievance procedure and arbitration.fifteen
Appears in 1 contract
Sources: Collective Agreement