Discipline Procedures

The following discipline handling procedures are based on our 1996 Time Limit Rule and Uniform Investigation Rule and pertain only to the crafts and territories governed by those agreements. Discipline cases involving crafts or territories not covered by the 1996 Time Limit Rule and Uniform Investigation Rule should be progressed under the provisions of the agreements applicable to those crafts or territories.

First, we have designed a flow chart outlining the basic steps in the discipline appeal process, including the applicable time limits for each step. Linked to the flow chart are several sample letters which make up a hypothetical discipline file to show how the appeal procedure should progress in a dismissal case. The statement of claim will vary widely in discipline cases, so we cannot provide samples for all possible scenarios. However, your statement of claim should always include any of the following items which may be applicable:

1. Immediate reinstatement to service with all seniority and vacation rights unimpaired.
2. Restoration of any fringe benefits lost.
3. Removal of the discipline from the Claimant's personal record.
4. Pay for all time lost (specify starting and ending dates, if known.)
5. Pay for attending investigation.

Any appeal letter at the minimum must identify the discipline being appealed and contain a notification that the discipline is being grieved, and a statement of claim as outlined above. We have included examples of statements of claim for appealing a censure or suspension from service.

In addition to those minimum requirements, any of the following items which are applicable in a given case should be addressed:

1. Procedural objections-
   1. Time limit violations.
   2. Discipline assessed for a charge not included in notice to appear.
   3. Investigation not fair and impartial.
   4. Additions, omissions or alterations to the transcript.

2. Burden of proof must be met by Carrier-
   1. Evidence or testimony does not show rule violation.
   2. Evidence or testimony indicates prejudgment.
   3. Discipline based on evidence not in transcript.

3. Discipline harsh, arbitrary or excessive-
   1. Minor rule infraction with otherwise satisfactory record.
   2. Other employees not disciplined for identical behavior.
   3. Carrier encouraged or permitted similar behavior.

When you forward the case to the General Chairman's office, it is necessary that the following documents be promptly furnished so that a proper and timely appeal can be made:

1. A clean, unmarked copy of the transcript of investigation.
2. Notice to appear for investigation.
3. Letters regarding postponement and rescheduling, if any.
4. Notification of discipline issued.
5. Your appeal to the Carrier officer.
6. The Carrier's declination of your appeal.