Agreement - Teamsters Local 399

85. Company Rules: The Union recognizes the right of the Producer
to establish such reasonable Company rules as it may deem necessary
provided that such rules are not in conflict with the terms and provisions
of this Agreement. A Company may formulate and promulgate written
rules if its procedure is to do so, or a Company may elect not to
formulate and promulgate written rules. If no written rules are
formulated and promulgated, the reasonableness of the Company’s
application of any disciplinary sanction will be subject to appraisal by
the Union on an individual instance, case-by-case basis; if the Company
formulates and promulgates written rules, it will be presumed that the
Company has acted properly when it imposes discipline on an employee
for an infraction of those rules. It is understood that no Company is
required to post any, or all, of its rules. It is further understood that any
rule posted will be effective when posted, but may be the subject of
subsequent negotiation by the Union, if such negotiation is requested by
the Union within ten (10) days, upon the basis that such new rule
constitutes a change in working conditions. The Producers will attempt
to make work rules as uniform as practical.
Producer shall adopt the following work rules:
(a)
Accidents
Drivers involved in chargeable accidents are subject to
discipline. Chargeable accidents include all accidents except those in
which the driver is not at fault. The appropriate discipline depends on
all the circumstances, including, but not limited to, the severity of the
accident, the degree of fault of the driver, the driver’s prior driving
record and the driver’s overall disciplinary record. Suspension or
discharge may be appropriate for any chargeable accident depending
upon all of the circumstances. In determining the appropriate discipline,
those chargeable accidents which occurred within the preceding three (3)
year period may be considered.
Failure to fill out, prior to the end of the employee’s shift or
in compliance with Company policy, all necessary accident reports,
including an SR1 form, and to promptly file them with the appropriate
department, or knowingly submitting false or inaccurate information, are
grounds for immediate discharge for cause.
(b)
Suspension
An employee on suspension:
(i)
suspension.
Cannot work under this Agreement while on
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