SYSTEM AGREEMENT - DISCIPLINE RULE

1.	All existing agreements pertaining to the handling of discipline are 
	eliminated and replaced by this agreement.

GENERAL

2.	Locomotive engineers will not be disciplined without first being given a 
	fair and impartial investigation except as provided below. They may 
	however, be held out of service pending Investigation, but it is not 
	intended that an engineer be held out of service for minor offenses.

NOTICE

3.	Within 10 days of the time the appropriate company officer knew or should 
	have known of an alleged offense, the engineer will be given written 
	notice of the specific charges against him or her. The notice will state 
	the time and place of the Investigation and will be furnished sufficiently 
	in advance to allow the engineer the opportunity to arrange for 
	representation by a BLE representative(s) (the BLE Local Chairman or other 
	elected BLE Officers) and witnesses. The notice will propose discipline to 
	be assessed if Investigation is waived and designate a carrier officer who 
	may be contacted for the purpose of arranging for an informal conference 
	on the matter. A copy of (he notice will be furnished to the BLE Local 
	Chairman. 

WAIVER 

4.	Prior to the investigation, the engineer (and the BLE representative if 
	desired by the engineer) may contact the designated carrier officer and 
	arrange for an informal conference to discuss the alleged offense and 
	proposed discipline. Such informal conference may be either in person or 
	by telephone.
 

		a.  If such Informal conference results In the proposed discipline 
		being dropped, no further action will betaken.

		b.  If such Informal conference results In proposed discipline, 
		being accepted by the engineer and the Investigation being 
		waived, the engineer's record will be updated accordingly.

		c.  If such Informal conference does not result in either (a) or (b) 
		above or no informal conference takes place, the discipline 
		imposed as a result of a hearing may not exceed that proposed in 
		the notice of charges.

INVESTIGATION

5.      Unless postponed for good cause, the Investigation will be held no later than
	10 days after the date of the notice.

6.      When practicable, the investigation will be held at the engineer's home terminal. 
	When that is not practicable, the investigation will be held at a location which 
	will minimize the travel, inconvenience and loss of time for all employees involved. 
	When an engineer is required to travel to an investigation at other than his or her 
	home terminal, the engineer will be reimbursed for actual, reasonable and necessary 
	expenses incurred.

7.      Where request is made sufficiently in advance and it is practicable, the engineer 
	and/or the BLE representative will be allowed to examine material or exhibits to be 
	presented In evidence prior to the investigation. At the Investigation, the engineer 
	and/or the BLE representative will be afforded the opportunity to examine or cross 
	examine all witnesses. Such examination will extend to all matters under investigation.

8.      The investigation will be recorded and transcribed. Copies of transcript will be 
	furnished to the engineer and the BLE Local Chairman no later than the date discipline 
	is issued. If the accuracy of the transcript is questioned and the investigation was 
	electronically recorded, the tapes shall be examined and, if necessary, the transcript 
	will be corrected.

9.      A written decision will be issued no later than 10 days after completion of the hearing. 
	The notice will be sent by US Mall to the last known address of the engineer and to the 
	BLE Local Chairman.

10.     If the Superintendent faiis to issue a decision within such 10 day time limit or if the 
	engineer is found not at fault, the engineer will be paid for any time lost and the 
	engineer's record will be cleared of the discipline at issue.

APPEALS

11      If the engineer Is not satisfied with the decision, the BLE General Chairman may appeal 
	to the designated Labor Relations officer within 60 days from the date of the 
	Superintendent's decision.

12.     The Labor Relations officer will respond to the appeal within 60 days from the date of 
	the BLE General Chairman's appeal. If the Labor Relations officer falls to respond 
	within 60 days, the engineer will be paid for any time lost and the engineer's record 
	will be cleared of the discipline at issue.

13.     If the engineer is dissatisfied with the decision of Labor Relations, proceedings for 
	final disposition of the case under the Railway Labor Act must be Instituted by the 
	engineer or his or her duly authorized representative within one year of the date of 
	that decision or the case will be considered closed and the discipline will stand as 
	issued, unless the time limit Is extended by mutual agreement.

MISCELLANEOUS

14.     If a dispute arises concerning the timeliness of a notice or decision, the postmark on 
	the envelope containing such document shall be deemed to be the date of such notice or 
	decision.

15.     Engineers attending an investigation as witnesses at the direction of the carrier will 
	be compensated for all time lost and, in addition, will be reimbursed for actual, 
	reasonable and necessary expenses incurred. When no time is lost, witnesses will be paid 
	for actual time attending the investigation with a minimum of two hours, to be paid at 
	the rate of the last service performed.

16.     The engineer being investigated or the BLE representative may request the Carrier to 
	direct a witness to attend an Investigation, provided sufficient advance notice is given 
	as well as a description of the testimony the witness would be expected to provide. If 
	the Carrier declines to call the witness and the witness attends at the request of the 
	engineer or BLE and provides relevant testimony which would not otherwise have been in 
	the record, the carrier will compensate the witness as )f It had directed the witness to 
	attend.

17.     If, by operation of this agreement or as the result of an arbitration decision, the 
	Carrier is required to pay an engineer who has been disciplined for "time lost", the 
	amount due shall be based on the average daily earnings of the engineer for the 12 month 
	period (beginning with the first full month) prior to removal from service. The sum of 
	the claimant's earnings during such period shall be divided by 365 to arrive at the 
	average daily earnings to be applied in determining the amount of lost wages, based on 
	the number of days of discipline.

	NOTE, Section 1:   This agreement Is not intended to modify or replace 'By-Pass' or 
	"Companion" Agreements.

	This agreement is not intended to modify or replace Carrier policies pertaining to 
	discipline; except that to the extent this agreement may conflict with a Carrier policy, 
	this agreement shall govern.

	NOTE, Section 17: The twelve (12) month period utilized In determining the employee's 
	average dally earnings will not include any month(s) in which the employee experienced 
	unusually low earnings due to circumstances beyond his/her control, such as personal 
	injury, documented major illness, of the employee or a family member, etc. It is not the 
	intent of this NOTE, however, to exclude those months in which the employee lays off on 
	his/her own accord. It Is intended the twelve (12) month period utilized will reflect 
	the engineer's normal work habits and history.

	Example: 	An engineer was dismissed in October for an alleged rules violation. 
			Pursuant to an arbitration award, the engineer is reinstated and awarded 
			time lost (back pay). Six months prior to his/her dismissal, said 
			engineer was off-duty (medical leave) for two (2) months (March and April) 
			due to a documented major illness, such as a heart attack.

				Calculation of the employee's average daily earnings for the 
				preceding twelve (12) months will commence with September and 
				will incorporate the prior fourteen (14) months, including 
				September (March and April are excluded due to the employee 
				having no earnings in those months due to the medical condition).
revised 02728/96
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