Following is the discipline rule applicable to Firemen. It is reprinted from the Schedule of Rules governing wages and working conditions of Firemen, effective May 1, 1954.
Rule 94. Discipline Procedure. (a) Investigations. (1) No employe will be disciplined or dismissed without a fair hearing, suspension in proper cases pending hearing will not be considered a violation of this principle. Hearings will be held as promptly as possible and within 5 days from the date charges are preferred and decision rendered within 10 days of completion thereof.
At a reasonable time prior to the hearing, the employe will be advised of the charge against him. An employe may be represented by an employe of his choice and the accused and his representative shall be permitted to hear the testimony of and interrogate all witnesses.
A copy of the transcript of the .investigation will be furnished to the interested Local Chairman upon his request in cases where discipline has been assessed.
An employe failing to appear at a hearing, after having been properly notified in writing, and who makes no effort to secure a postponement, will automatically terminate his services and seniority rights.
(2) Engineers will not be set back firing for the purpose of discipline.
(3) When firemen or hostlers, who are not at fault, are required by the company to attend investigations either at or away from home terminal, they will be paid for wage loss, if any, suffered by them and necessary away-from-home expenses when required to leave home terminal.
(b) Appeals. (1) Appeal from the decision must be filed with the Superintendent in writing within thirty days from date thereof. Final decision of Superintendent on appeal consideration must be made within thirty days from date of appeal. If it is found the employe has been unjustly suspended or dismissed from the service, such employe shall be reinstated with seniority rights unimpaired and compensated for wage loss, if any, resulting from such suspension or dismissal.
(2) An employe dissatisfied with decision of Superintendent may appeal to the General Manager. Appeal must be made in writing by the employe or his duly accredited representative within sixty days of the date of the decision appealed. Conference on appeal, if requested, will be granted within ten days if practicable, and not later than twenty days from receipt of written request, and decision in writing will be made within ten days of conclusion of conference. If conference is not requested, decision in writing will be made within thirty days of date appeal is received by the General Manager. Decisions not appealed to the General Manager within the time limit herein specified shall be barred and deemed to have been abandoned.
(3) Decision by the General Manager shall be final and binding unless within one year from the date of his decision such claim is disposed of on the property, or proceedings for final disposition of the claim are instituted by the employe or his duly authorized representative and General Manager is so notified. It is understood, however, that the parties may by agreement in any particular case extend the one year period herein referred to.
With respect to claims and grievances involving an employe held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufiicient.
(4) Appeals for leniency consideration will not be subject to time limits of this rule.