WAIVER OF HEARING
IT IS AGREED:
Rule 84 entitled “Discipline Procedure” is amended to provide for waiver of hearing after an occurrence which, in the judgment of the Carrier, warrants assessment of discipline, subject to the following provisions:
- The employe will be apprised in writing of the charges against him and the discipline proposed, by the Superintendent or his representative, by mail or in person. A copy of the notice shall be furnished the local chairman of the craft involved.
- When the notice is delivered to the employe by mail, the local chairman’s copy will be mailed at the same time.
- When the notice is delivered to the employe in person, the local chairman will be notified of the proposed discipline prior to or at time of delivery to the employe.
- The employe may waive the right to a hearing by accepting, in writing, the discipline proposed. A copy of the waiver will be retained by the employe and a signed copy will be placed on the employe’s personal record. The discipline assessed shall not be subject to challenge thereafter.
- The employe will notify the Superintendent in writing within three (3) days after receipt of notice whether the proposed discipline is accepted or rejected.
- If the proposal is rejected, or if the employe fails to make an election, no discipline will be assessed without a hearing.
- The time limit for convening a formal hearing will not be invoked unless the Carrier subsequently serves proper notice as provided by Rule 84(a); and if discipline is assessed it shall not exceed that originally proposed.
- Hearing shall not be waived when the discipline to be assessed would result in dismissal or suspension of an indefinite duration.
This agreement is effective August 1, 1971 and wil1 terminate ten (10) days after service of written notice by any party on the others.
Dated at Omaha, Nebraska this 12th day of August, 1971.
FOR THE EMPLOYES:
Is/ V. K. Tatman
General Chairman,
UTU(C)
Is/ J. R. Dennis
General Chairman,
