Common use of Formal Investigation Clause in Contracts

Formal Investigation. Except as provided in this Rule 27, when a formal investigation is to be held, the employee and the designated union representative will be given 48 hours’ notice of the investigation and will be notified of the time, place and subject matter of such investigation. (Notification to the designated union representative may be given verbally.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for such investigation occurs, shall be prevented from holding an immediate investigation. When employees are required to make statements on matters affecting the Agreement, Company working rules or compensation, a duly authorized representative of the employees shall be present, except that when employees are required to make statements on matters not affecting the Agreement, Company working rules or compensation, the employee may have a fellow employee or an authorized representative of the Union present. At or prior to the commencement of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence as well any oral evidence which has been recorded and which may have a bearing on their involvement. Sufficient time will be allowed the parties to peruse the evidence. However it is not the intent of this to delay the investigation process due to an unreasonable amount of time taken to peruse the evidence. The employee and the authorized representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company officers where necessary) whose evidence may have a bearing on their involvement. Where witnesses cannot be present, arrangements will be made to permit them to be questioned upon request, where practicable. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all other evidence taken. In the event that the Company obtains new evidence having a bearing on the employee’s responsibility, and prior to the assessment of discipline, a copy of such evidence will be provided to the employee, and to the duly authorized union representative. This memorandum of agreement would be subject to cancellation by either party on thirty days notice. APPENDIX IV CANADIAN NATIONAL RAILWAY COMPANY MEMORANDUM OF UNDERSTANDING between the Canadian National Railway Company and the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) Local 100 respecting vacation allotment for certain Shopcraft employees at running repair points. IT IS UNDERSTOOD THAT:

Formal Investigation. Except as provided in this Rule 27, when a formal investigation is to be held, the employee and the designated union representative will be given 48 hours’ notice of the investigation and will be notified of the time, place and subject matter of such investigation. (Notification to the designated union representative may be given verbally.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for such investigation occurs, shall be prevented from holding an immediate investigation. When employees are required to make statements on matters affecting the Agreement, Company working rules or compensationcornpensation, a duly authorized representative of the employees shall be present, except that when employees are required to make statements on matters not affecting the Agreement, Company working rules or compensation, the employee may have a fellow employee or an authorized representative of the Union present. At or prior to the commencement of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence as well any oral evidence which has been recorded and which may have a bearing on their involvement. Sufficient time will be allowed the parties to peruse the evidence. However it is not the intent of this to delay the investigation process due to an unreasonable amount of time taken to peruse the evidence. The employee and the authorized representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company officers where necessary) whose evidence may have a bearing on their involvement. Where witnesses cannot be present, arrangements will be made to permit them to be questioned upon request, where practicable. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all other evidence taken. In the event that the Company obtains new evidence having a bearing on the employee’s responsibility, and prior to the assessment of discipline, a copy of such evidence will be provided to the employee, and to the duly authorized union representative. This memorandum of agreement would be subject to cancellation by either party on thirty days notice. APPENDIX IV CANADIAN NATIONAL RAILWAY COMPANY MEMORANDUM OF UNDERSTANDING between the Canadian National Railway Company and the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) Local 100 respecting vacation allotment for certain Shopcraft employees at running repair points. IT IS UNDERSTOOD THAT:: The Letter of Understanding dated January providing the continuation of the arrangement for splitting vacations is cancelled. In the application of Rule of this Agreement the maximum vacation that will be allotted to an employee at any one time will be four weeks. The remainder fifth week or less will be allotted at another time. In the application of Rules and (9 of this Agreement the maximum vacation that will be allotted to an employee at any one time will be four weeks. The remainder sixth week or less will be allotted at another time or will be paid for in accordance with Rule (9. Where an employee's vacation is split under the terms of or above: The first period of the split vacation may be taken at any time during the recognized vacation period in accordance with the employee's seniority and choice as specified in Rule of this Agreement. The second period of the split vacation may not be taken until all junior employees have been allocated vacation dates. It may then be taken in accordance with the employee's seniority and choice as specified in Rule of the Agreement. Memorandum of Understanding has been in effect since January It may be cancelled by either party upon proper notice in writing to the other party. Such notice may be served in the month of October of any year to become effective January of the succeeding year. Signed at Montreal, Quebec, this day of March, FOR THE COMPANY: Vice-president FOR THE UNION: President CAW Canada, Local APPENDIX V (Applicable to Car Mechanics only) CANADIAN NATIONAL RAILWAY COMPANY Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This will confirm our understanding in connection with your addendum demand No. respecting wrecking service which was contained in your notice of October and subsequent demand during negotiations. The Company will continue to practice the same local policies, as are in effect on this date, with respect to the size of crew consists for conventional auxiliary service and high rail cranes. At points where such auxiliaries and high rail cranes are located, local management will meet with representatives of the Shopcraft organization during the closed period of the contract. The sole purpose of these meetings will be to confirm the policies referred to above presently in effect at such locations and not to negotiate new or revised rules. This understanding will remain in effect subject to cancellation upon sixty days' notice from either party to the other. The letter of understanding dated March on this subject is hereby cancelled. In addition the addendum demand mentioned above is considered settled insofar as is concerned. If you concur with the foregoing please sign in the spaces provided below. Yours truly, Vice-president Labour Relations and Employment Legislation I CONCUR: President CAW Canada Local APPENDIX VI (A) CANADIAN NATIONAL RAILWAYS Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This will confirm the understanding reached to the effect that in the application of Rule of the Agreement the following will apply. In the event of a reduction in staff at a shop involving more than one employee, the employees at the shop affected by such reduction in staff shall be permitted to exercise their seniority in accordance with the provisions of Rule at the point to which they transfer on their basic seniority territory. Such displacement shall only be amongst those employees displaced by the reduction. The employees from the shop affected by the reduction in staff shall be given an opportunity to displace in seniority order and in the order of their preference on those positions directly affected by the staff reduction. The employees laid off at the main shops will state their intention to displace at the time of the layoff. This letter of understanding shall remain in effect until December and will be subject to renewal by mutual agreement between the parties hereto. If you concur with the foregoing, kindly affix your signature in the space provided. Yours truly, I CONCUR: Vice-president Labour Relations and Employment Legislation President CAW Canada Local APPENDIX VI CANADIAN NATIONAL RAILWAYS March Xxxx President, Local National Automobile, Aerospace, Transportation and General Workers Union of Canada Xxxxxx Road Windsor, Ontario Dear This has reference to the discussions held during the course of contract negotiations to renew Collective Agreement regarding Rules and of the Collective Agreement. In instances in which employees are laid off or are being laid off at more than one seniority terminal on a Region, resulting in an employee being unable to hold work as a result of having insufficient seniority to displace under the provisions of Articles (a) and or that employee will be permitted to delay exercise of seniority until such time as a junior employee becomes available. It will be the responsibility of the employee to notify the Company and the Union, in writing, of intention to delay the displacement rights the employee is delaying, Articles (a), and In instances when the displacement is delayed beyond the calendar days specified in Articles and relocation expenses will not be provided unless required by Article or Article of the For greater clarity, an employee may not delay an exercise of seniority under Rule beyond the calendar days specified in Rule unless there are no junior employees in their respective classification on the Region working and there are laid off junior employees in the classification on the Region. An employee may not delay an exercise of seniority under Rule beyond the calendar days specified in Rule unless there are no junior employees in their respective classification on the Basic Seniority Territory working and there are laid off junior employees in the classification on the Basic Seniority Territory. An employee may not delay an exercise of seniority under Rule (a), beyond the calendar days specified in Rule (a), unless there are no junior employees in their respective classification on the Plan’s Eligibility Territory working and there are laid off junior employees on the Plan’s Eligibility Territory. It is clearly understood that the aforementioned process does not supersede, amend or modify the provisions of Article of the or any other rights, benefits or obligations under the terms of the If you concur with the above, please signify in the space provided below. Yours truly, Xxxxxxx Vice-president Labour Relations and Employment Legislation I concur. Xxxx President, Local a2 APPENDIX CANADIAN NATIONAL RAILWAY COMPANY Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This letter cancels and supersedes letter dated May with respect to those Main Shop employees whose maximum vacation entitlement is one week or more less than the period of shop for vacation purposes, being permitted to transfer temporarily to running service. With respect to the above, it is agreed that the co-operation referred to in Rule will include the principle of granting additional running point mechanics, Apprentices, helpers and coach cleaners vacations during the period of the at Main Shops, so that the employees referred to in paragraph may be permitted to temporarily transfer to line shop as vacation relief. The granting of such additional vacations will only be considered to the extent that there are mechanics, Apprentices, helpers and coach cleaners fully qualified to immediately and adequately perform the work on the vacancies thereby created. It is understood by the parties that agreement to the above does not mean that all employees referred to in paragraph would be given the opportunity of transferring temporarily to line shops, but only that number required to ensure efficient operation of the line shop. The parties will also take cognizance of the fact that although mechanics may be fully qualified in their trade, they will not necessarily be familiar with line work and, therefore, it would not be feasible for the Company to release line shop employees for vacation purposes to the extent that line shop operations would be affected because of these vacation relief employees being unfamiliar with line operation. It is also understood that to ensure efficient vacation planning at line shops, those Main Shop employees wishing to transfer shall make their intention known by February 28th. An employee whose application for transfer has been accepted will only be permitted to withdraw such application for just cause as provided for in Rule or by agreement between the employee and the Company. Yours truly, Vice-president Labour Relations and Employment Legislation APPENDIX CANADIAN NATIONAL COMPANY Montreal Quebec March President Local National Automobile, Aerospace and Agricultural Implement Workers Union of Canada, CAW Canada Dear Wood, The following letter will be sent to line management: "This will confirm the understanding reached during negotiations concerning the policy which is to be adopted with respect to employees who, because of severe snow conditions, either report late for work or are unable to report at all. All employees are expected to make every effort to report for work on time, notwithstanding snow or storm conditions. However, in the circumstances quoted above, it is agreed that employees, except Running Trades and Sleeping, Dining and Parlor Car employees, who arrive late for their assignments, but report prior to the of their tour of duty, will be paid for the day provided such late arrival is directly attributable to the aforementioned severe snow conditions. Employees who report after the of their tour of duty will be paid one-half day. With respect to employees who are unable to report for work due to the aforementioned severe snow conditions, or who report after the of their tour of duty, it is agreed that notwithstanding the provisions of the collective agreement, such employees may be given the opportunity to work additional hours at straight time rates in order to make up part or all of such lost time. It is understood that such arrangements will only apply insofar as they do not conflict with the provisions of the Canada Labour Code. The above policy only applies when the proper municipal authorities have requested the public to leave their motor vehicles at home and local public transportation services are not operating due to snowstorm.

Formal Investigation. Except as provided in this Rule 27, when a formal investigation is to be held, the employee and the designated union representative will be given 48 hours’ notice of the investigation and will be notified of the time, place and subject matter of such investigation. (Notification to the designated union representative may be given verbally.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for such investigation occurs, shall be prevented from holding an immediate investigation. When employees are required to make statements on matters affecting the Agreement, Company working rules or compensationcornpensation, a duly authorized representative of the employees shall be present, except that when employees are required to make statements on matters not affecting the Agreement, Company working rules or compensation, the employee may have a fellow employee or an authorized representative of the Union present. At or prior to the commencement of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence as well any oral evidence which has been recorded and which may have a bearing on their involvement. Sufficient time will be allowed the parties to peruse the evidence. However it is not the intent of this to delay the investigation process due to an unreasonable amount of time taken to peruse the evidence. The employee and the authorized representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company officers where necessary) whose evidence may have a bearing on their involvement. Where witnesses cannot be present, arrangements will be made to permit them to be questioned upon request, where practicable. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all other evidence taken. In the event that the Company obtains new evidence having a bearing on the employee’s responsibility, and prior to the assessment of discipline, a copy of such evidence will be provided to the employee, and to the duly authorized union representative. This memorandum of agreement would be subject to cancellation by either party on thirty days notice. APPENDIX IV CANADIAN NATIONAL RAILWAY COMPANY MEMORANDUM OF UNDERSTANDING between the Canadian National Railway Company and the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) Local 100 respecting vacation allotment for certain Shopcraft employees at running repair points. IT IS UNDERSTOOD THAT:: The Letter of Understanding dated January providing the continuation of the arrangement for splitting vacations is cancelled. In the application of Rule of this Agreement the maximum vacation that will be allotted to an employee at any one time will be four weeks. The remainder fifth week or less will be allotted at another time. In the application of Rules and (9 of this Agreement the maximum vacation that will be allotted to an employee at any one time will be four weeks. The remainder sixth week or less will be allotted at another time or will be paid for in accordance with Rule (9. Where an employee's vacation is split under the terms of or above: The first period of the split vacation may be taken at any time during the recognized vacation period in accordance with the employee's seniority and choice as specified in Rule of this Agreement. The second period of the split vacation may not be taken until all junior employees have been allocated vacation dates. It may then be taken in accordance with the employee's seniority and choice as specified in Rule of the Agreement. Memorandum of Understanding has been in effect since January It may be cancelled by either party upon proper notice in writing to the other party. Such notice may be served in the month of October of any year to become effective January of the succeeding year. Signed at Montreal, Quebec, this day of March, FOR THE COMPANY: Vice-president FOR THE UNION: President CAW Canada, Local APPENDIX V (Applicable to Car Mechanics only) CANADIAN NATIONAL RAILWAY COMPANY Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This will confirm our understanding in connection with your addendum demand No. respecting wrecking service which was contained in your notice of October and subsequent demand during negotiations. The Company will continue to practice the same local policies, as are in effect on this date, with respect to the size of crew consists for conventional auxiliary service and high rail cranes. At points where such auxiliaries and high rail cranes are located, local management will meet with representatives of the Shopcraft organization during the closed period of the contract. The sole purpose of these meetings will be to confirm the policies referred to above presently in effect at such locations and not to negotiate new or revised rules. This understanding will remain in effect subject to cancellation upon sixty days' notice from either party to the other. The letter of understanding dated March on this subject is hereby cancelled. In addition the addendum demand mentioned above is considered settled insofar as is concerned. If you concur with the foregoing please sign in the spaces provided below. Yours truly, Vice-president Labour Relations and Employment Legislation I CONCUR: President CAW Canada Local APPENDIX VI (A) CANADIAN NATIONAL RAILWAYS Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This will confirm the understanding reached to the effect that in the application of Rule of the Agreement the following will apply. In the event of a reduction in staff at a shop involving more than one employee, the employees at the shop affected by such reduction in staff shall be permitted to exercise their seniority in accordance with the provisions of Rule at the point to which they transfer on their basic seniority territory. Such displacement shall only be amongst those employees displaced by the reduction. The employees from the shop affected by the reduction in staff shall be given an opportunity to displace in seniority order and in the order of their preference on those positions directly affected by the staff reduction. The employees laid off at the main shops will state their intention to displace at the time of the layoff. This letter of understanding shall remain in effect until December and will be subject to renewal by mutual agreement between the parties hereto. If you concur with the foregoing, kindly affix your signature in the space provided. Yours truly, I CONCUR: Vice-president Labour Relations and Employment Legislation President CAW Canada Local APPENDIX VI CANADIAN NATIONAL RAILWAYS March Xxxx President, Local National Automobile, Aerospace, Transportation and General Workers Union of Canada Xxxxxx Road Windsor, Ontario Dear This has reference to the discussions held during the course of contract negotiations to renew Collective Agreement regarding Rules and of the Collective Agreement. In instances in which employees are laid off or are being laid off at more than one seniority terminal on a Region, resulting in an employee being unable to hold work as a result of having insufficient seniority to displace under the provisions of Articles (a) and or that employee will be permitted to delay exercise of seniority until such time as a junior employee becomes available. It will be the responsibility of the employee to notify the Company and the Union, in writing, of intention to delay the displacement rights the employee is delaying, Articles (a), and In instances when the displacement is delayed beyond the calendar days specified in Articles and relocation expenses will not be provided unless required by Article or Article of the For greater clarity, an employee may not delay an exercise of seniority under Rule beyond the calendar days specified in Rule unless there are no junior employees in their respective classification on the Region working and there are laid off junior employees in the classification on the Region. An employee may not delay an exercise of seniority under Rule beyond the calendar days specified in Rule unless there are no junior employees in their respective classification on the Basic Seniority Territory working and there are laid off junior employees in the classification on the Basic Seniority Territory. An employee may not delay an exercise of seniority under Rule (a), beyond the calendar days specified in Rule (a), unless there are no junior employees in their respective classification on the Plan’s Eligibility Territory working and there are laid off junior employees on the Plan’s Eligibility Territory. It is clearly understood that the aforementioned process does not supersede, amend or modify the provisions of Article of the or any other rights, benefits or obligations under the terms of the If you concur with the above, please signify in the space provided below. Yours truly, Xxxxxxx Vice-president Labour Relations and Employment Legislation I concur. Xxxx President, Local a2 APPENDIX CANADIAN NATIONAL RAILWAY COMPANY Montreal, Quebec March President Local National Automobile, Aerospace, Transportation and General Workers Union of Canada, CAW Canada Dear This letter cancels and supersedes letter dated May with respect to those Main Shop employees whose maximum vacation entitlement is one week or more less than the period of shop for vacation purposes, being permitted to transfer temporarily to running service. With respect to the above, it is agreed that the co-operation referred to in Rule will include the principle of granting additional running point mechanics, Apprentices, helpers and coach cleaners vacations during the period of the at Main Shops, so that the employees referred to in paragraph may be permitted to temporarily transfer to line shop as vacation relief. The granting of such additional vacations will only be considered to the extent that there are mechanics, Apprentices, helpers and coach cleaners fully qualified to immediately and adequately perform the work on the vacancies thereby created. It is understood by the parties that agreement to the above does not mean that all employees referred to in paragraph would be given the opportunity of transferring temporarily to line shops, but only that number required to ensure efficient operation of the line shop. The parties will also take cognizance of the fact that although mechanics may be fully qualified in their trade, they will not necessarily be familiar with line work and, therefore, it would not be feasible for the Company to release line shop employees for vacation purposes to the extent that line shop operations would be affected because of these vacation relief employees being unfamiliar with line operation. It is also understood that to ensure efficient vacation planning at line shops, those Main Shop employees wishing to transfer shall make their intention known by February 28th. An employee whose application for transfer has been accepted will only be permitted to withdraw such application for just cause as provided for in Rule or by agreement between the employee and the Company. Yours truly, Vice-president Labour Relations and Employment Legislation APPENDIX CANADIAN NATIONAL COMPANY Montreal Quebec March President Local National Automobile, Aerospace and Agricultural Implement Workers Union of Canada, CAW Canada Dear Xxxx, The following letter will be sent to line management: "This will confirm the understanding reached during negotiations concerning the policy which is to be adopted with respect to employees who, because of severe snow conditions, either report late for work or are unable to report at all. All employees are expected to make every effort to report for work on time, notwithstanding snow or storm conditions. However, in the circumstances quoted above, it is agreed that employees, except Running Trades and Sleeping, Dining and Parlor Car employees, who arrive late for their assignments, but report prior to the of their tour of duty, will be paid for the day provided such late arrival is directly attributable to the aforementioned severe snow conditions. Employees who report after the of their tour of duty will be paid one-half day. With respect to employees who are unable to report for work due to the aforementioned severe snow conditions, or who report after the of their tour of duty, it is agreed that notwithstanding the provisions of the collective agreement, such employees may be given the opportunity to work additional hours at straight time rates in order to make up part or all of such lost time. It is understood that such arrangements will only apply insofar as they do not conflict with the provisions of the Canada Labour Code. The above policy only applies when the proper municipal authorities have requested the public to leave their motor vehicles at home and local public transportation services are not operating due to snowstorm.