RULE 122. DISCIPLINE—HEARINGS. (a) No engineer will be dismissed, or, except as provided in Section (b), have discipline assessed against his personal record, without first having a fair and impartial hearing and his guilt established. The engineer against whom charges are made shall have the right to be represented at the hearing by an employe of his choice who may be a committeeman. The employe's representative may remain throughout the entire hearing, hear the testimony of all witnesses and interrogate them if he so desires.

(b) Discipline, including reprimand, demerit marks, or suspension, may be assessed against the personal record of an engineer without a formal hearing only when the engineer is given written notice within five (5) days from date of the occurrence for which discipline is assessed, specifying the measure of discipline proposed and the reasons therefor. At the time written notification is received by the accused, an agreement may be reached and the hearing waived, at which time the employe will sign a waiver to that effect and acknowledge receipt of the written notification. Should the discipline not be acceptable, the engineer may, upon receipt of the written notification, request a formal hearing which will be conducted within five (5) days from the date of such rejection. If the engineer is found to be at fault as a result of formal hearing, the discipline assessed against his personal record shall not exceed the measure of discipline originally proposed in the written notification.

(c) When charges are made against an engineer a notice of hearing containing the charges shall be made in writing and either delivered or telephoned to him at a reasonable time prior to the hearing. Notice of charges and hearing shall be issued within five (5) days from the date the division superintendent or his representative has sufficient knowledge of the occurrence with which to make charges.

(d) Hearings may be postponed by mutual consent. The party desiring postponement must make timely request on the other party and request will be granted for reasonable cause shown. Request for postponement will be entered in the transcript of the hearing.

(e) Hearings will be held as promptly as possible and, except as provided in Section (d) , within five (5) days from the date charges are made or within five (5) days from the date an employe is withheld from service. Hearings will not be delayed or considered improperly held if the engineer fails to have a representative present at the time the hearing begins. When practicable, hearings will be held at the home terminal.

(f) When discipline is applied following the hearing, the employe shall be given written notice thereof within ten (10) days from date hearing is concluded. A copy of the transcript of such hearing shall be given committeeman upon request.

(g) In case an engineer is dismissed from service and afterwards is found to be innocent, he will be reinstated to service and paid for all time lost, provided claim has been progressed in the manner provided in Rule 133.

(h) An engineer will not be dismissed because of previous unsatisfactory record after having been in the service ninety (90) days, unless subsequent to that time is should develop he gave false information on his application for employment, in which event he will not be dismissed without formal hearing, if he requests same.

(i) An engineer who has been out of the service for more than one year for reasons other than an authorized leave of absence will not be reinstated to service with his former seniority rights without approval of the general chairman. This will not apply to dismissal cases being progressed in accordance with Rule 133 for reinstatement at the expiration of the one year period.

(j) Dismissed engineers who are reinstated, without restriction will be granted free exercise of seniority rights, subject to such limitations as are provided in the rules of this agreement.