BMWED/Amtrak NEC Agreement

RULE 74 - DISCIPLINE APPEALS

(a) Procedure for appealing discipline other than dismissal:

(1) Employees dissatisfied with the decisions shall have the right to appeal, either in person or through their duly accredited representative as defined in Rule 83, to the designated officer, and a hearing shall be granted, provided written request is made to such officer within 15 calendar days of the date of the discipline notice.

This appeal, where the discipline imposed is suspension, shall act as a stay (except in the case of a major offense) in imposing the suspension until after the employee has been given a hearing.

(2) At hearings on appeal, an employee may, if he desires to be represented at such hearings, be represented without expense to AMTRAK, by the duly accredited representative, as defined in Rule 83.

(3) After the appeal has been acted upon by the designated appeal officer, the employee shall be advised, in writing, of his decision; such decision to be rendered within fifteen (15) days of the date his appeal was received by the designated appeal officer. If the decision in cases of suspension is to the effect that suspension shall be imposed, either in whole or for a reduced period, the stay referred to in paragraph (1) shall be lifted and the suspension imposed.

(4) If further appeal is taken, it must be filed, in writing, with the highest officer designated by Amtrak to handle such appeals, within 60 days from the date of the decision of the first level appeal officer and if he so appeals he shall be given a hearing.

(5) Employee may be represented at this hearing, as specified in Paragraph (2) of this Rule.

(6) The highest officer designated by Amtrak to handle such appeals shall render a decision within 60 days from the date the appeal was held.

(7) All discipline matters involved in a decision by the highest officer designated by Amtrak to handle such matter shall be barred unless within one hundred eighty five (185) days from the date of said officer's decision proceedings are instituted by the employee or his duly authorized representative before the appropriate Division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3, Second, of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the one hundred eighty five (185) day's period herein referred to.

(b) Expedited procedure, for appealing discipline of dismissal:

(1) Dismissed employees dissatisfied with the decisions shall have the right to appeal, either in person or through their duly accredited representative as defined in Rule 83, to the highest designated officer, and a hearing shall be granted, provided written request is made to such officer within 15 calendar days of the date of the discipline notice. Such hearings will be at monthly appeal hearings to the extent possible.

(2) At hearings on appeal, an employee may, if he desires to be represented at such hearings, be represented without expense to Amtrak by the duly accredited representative.

(3) A decision will be rendered by the highest designated officer within 30 calendar days of the date of hearing.

(4) A decision by the highest designated officer under this expedited appeal procedure shall be considered full and final unless within ninety (90) days from the date of said officer's decision, it is appealed by the employee or his duly authorized representative to the appropriate Division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3, Second, of the Railway Labor Act.

(5) The time limit provided in this rule's paragraph (a)(7) will apply to dismissal cases reduced on appeal.

(1) When an employee has been held out of service pending trial and the decision exonerates him, he shall be compensated for the period of time so held out of service, the amount he would have earned had he not been held out of service.

(2) For purposes of counting the time limits under this rule, the canceled postmark from the U. S. Post office or the date received, whichever is earlier, will be considered as the date of discipline notice or appeal as appropriate.

"LETTER AGREEMENT FOLLOWS"

Procedure for scheduling appeal by first level appeal officer,
dated October 21, 1983

October 21, 1983

Mr. J. Dodd, General Chairman
Brotherhood of Maintenance of Way Employes
606 Land Title Building
Broad and Chestnut Streets
Philadelphia, PA 19110

Dear Sir:

This has further reference to my letter to you dated September 15, 1983, regarding the practices in
effect with several of the Assistant Regional Engineers concerning the handling of disciplinary appeals in
accordance with Rule 74 at the first appeal level.

During discussion of this matter with Assistant Director-Labor Relations L. C. Hriczak on September
23, 1983, in response to your letter dated September 19, 1983, you indicated your concern that the
practice in effect left open the time in which the appeal conference itself could be held and requested that the
practice to be used in the future limit that period of time. The Carrier indicated that this has not been a
problem in the past but that your concern in this regard would be reviewed with the Assistant Regional
Engineers involved.

As indicated in further discussion with Assistant Director Hriczak on October 13, 1983, your concern
has been discussed with the Assistant Regional Engineers and they anticipate no problem in holding the
appeal hearing itself on the usual day of the week scheduled for this purpose within thirty (30) days of their
receipt of the appeal. They will endeavor to hold such hearing as soon as possible. The foregoing limitation
would resut in establishing a practice of a maximum of forty-five (45) days to handle an appeal at the first
appeal level unless the parties agreed to additional extensions.

Additionally, the Carrier has no objection to the termination of this practice, as modified above, upon
fifteen (15) days written notice from the Organization to this office, or vice versa.

The following summarizes the proposed modified practice for handling disciplinary appeals under Rule
74 of the Agreement at the initial appeal level:

The initial appeal must be presented by the employee in accordance with the provisions of Rule 74.

The Carrier must acknowledge the appeal within fifteen (15) days of receipt and schedule an appeal hearing.

The appeal hearing must be held within thirty (30) days of the Carrier's receipt of the employee's appeal.

The Carrier must render a decision within fifteen (15) days from the date of the conclusion of the appeal hearing.

It is understood that the Organization will not contest the handling of cases in accordance with the foregoing practice, or the practice in effect before this modification, that are not presently under consideration by a Public Law Board or the National Railroad Adjustment Board.

This practice, as modified, may be discontinued by either party by fifteen (15) days written notice between the General Chairman and this office.

If the foregoing reflects our understanding with regard to the initial appeal of disciplinary matters under Rule 74, please indicate by signing in the space provided below, returning one executed copy of this letter to me.

Very truly yours,

/s/ G. R. Weaver, Jr.
__________________________
G. R. Weaver, Jr.
Assistant Vice President
Labor Relations

I CONCUR:

/s/ Jed Dodd
_____________________________
J. Dodd
General Chairman

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