Yardmaster Subjects

A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - R - S - T - U - V - W - Y
AGREEMENT RULES
Absence due to illness or injury not voluntary absence	126
Absenteeism	77
Absenteeism - In Jail	77A
Adjustment Board does not have jurisdiction over cases involving non agreement employees	45
Adjustment Board has no jurisdiction over disputes not growing out of grievances or interpretation of agreements	55
Adjustment Board has right to assess penalty	130
Agreement must be applied as written	10
Agreement rules always before Board	131
Appointment	132
Assertions vs. Facts	133
Attend Carrier Classes - Paid Time and One-Half	64
Attendance at carrier classes not considered work	107
Attendance at carrier required hearing test not considered work	108
Bereavement leave denied while on vacation	115
Board cannot consider issues or arguments not handled on property	43
Board cannot rule on what is equitable or fair - Board rules only on contract interpretation	135
Board has no authority to go beyond statement of claim	134
Board of doctors	34
Board does not resolve issues of creditability	136
Board must resolve procedural issues before it has the right to reach the merits	137
Burden of Proof on Petitioner	138
Call more than once	139
Carrier decides how much supervision needed	125
Carrier fails burden of proof - Rule G	68
Carrier fails to file exparte submission to Board	75
Carrier fails to provide Board with copy of transcript	74
Carrier medically disqualifies employee without giving reason or proof of disability	99
Carrier official as judge, jury and hangman	8
Carrier's operating rules assigned duties to craft	48
Carrier refused conferences on property	66
Carrier should call witness from testing lab in drug cases	23A
Chain of custody	51
Circumstantial Evidence	120
Claim not made within time limits of agreement	114
Claimant not named	40
Claimant permanently disabled then makes claim for not being returned to work -- denied	89
Claims paid for agreement violation even though claimant was fully employed and lost no time	70
Claims progressed in compliance with applicable agreement	37
Compliance with the agreement	25
Conduct unbecoming an employee - No damage to carrier	83
Convicted of serious crime carrier has right to dismiss	78
Crossing craft boundaries	6
Credibility reserved to hearing officer, hearing officer should render decision	12
Denied representation of choice	124
DISCIPLINE
Apply discipline evenly to all	17
Carrier has Burden of proof in discipline	22
Discipline cases settled on procedural errors alone	59
Discipline should be progressive and corrective	71
Discipline unjust and unwarranted	20
Discipline without hearing	1
Dismissal is excessive discipline	57
Disqualification is discipline	18
Double jeopardy in discipline cases	65
Past record cannot be used to access discipline when carrier fails burden of proof	56
Untimely discipline notice	11
Useless for organization to progress discipline claim to Board where carrier has sustained the burden of proof or accused admits responsibility unless there are substantial procedural errors	80
Dispatchers run road - not yard	118
EAP - Voluntary enter EAP program - then file claim for time lost - denied	97
Employee fails to provide negative drug screen results within time limits set by carrier	88
Employee reinstated under carrier drug policy - then tested positive for drugs within probation period -- DENIED	82
Employee refuses direct order to give breath test	86
Employee refused to work on religious Sabbath - dismissed - denied	106
Employee signs hearing waiver then appeals discipline assessed to Board -- Denied	109
Employees use of carrier computer without authority tantamount to theft	110
Establish seniority under 60 day rule	60
Extra Yardmaster working on Holiday is entitled to Holiday Pay	90
Failure to answer questions on injury report form	95A
Failure to attach exhibits to transcript, missing testimony, no transcript supplied, late transcript	49
Failure to comply with conditions of reinstatement agreement in Rule G case	129
Failure to notify authorized representative	15
Failure to report injury promptly	95
Failure to supply medical report when requested by carrier - claim denied	07A
Failure to supply carrier with medical records when requested	98
Falsification of injury report	95B
Hearing held in absentia	94
Hearing notice sent certified mail - carrier held hearing in absentia before accused had a chance to pick up mail at post office	11A
Hearing officer should render decision	12
Hearsay evidence or evidence taken after hearing	24
Held off position after being awarded by bulletined	128
Held out of service prior to hearing	14
In jail missed hearing	93
Independent consideration each level of appeal	29
Individuals cannot enter into special agreement with carrier	69
Insubordination	85
Issues discussed in conference on property and not documented and exchanged between parties not property before Board	116
Jurisdictional issues may be raised at any stage of handling	121
Lack of due process	33
Loss of work opportunity	44
Lost Compensation	9
Make whole doctrine	112
"May" is permissive	104
Multiplicity of roles of carrier officials	19
Merger cases not properly before Adjustment Board when agreement contains specific provisions requiring Arbitration to settle disputes	46
New evidence not admissible at board	39
No calling time specified in agreement	127
No conference requested or held on property	66A
No mutual agreement to postpone investigation	67
No precedent value if agreement language differs	32
No probable cause	52
No notice or late notice of job abolishment to General Chairperson	76
Not under influence while on duty	50
Notice of Intent to Board must be within time limits of agreement	117
Obey now - grieve later	101
Officer specified to receive claim should be officer to reply	54
One person make decision to test	53
Organization claim not fatal if procedural issues are not in statement of claim	36
Organization claim not fatal if procedural issues are cited in Notice of Intent to N.R.A.B.	36A
Organization fails to prove that a specific agreement rules was violated - denied	102
Organization must prove exclusivity system-wide in scope cases	63
Past practice doesn't supersede an unambiguous rule	5
Past record can be considered when carrier proves guilt	56A
Penalty for contract violation	41
Physical exam - awaiting results of	7
Planned overtime - denied	119
Prejudgment	26
Prejudice hearing officer (Predisposition)	62
Programming	113
Proof of mailing	42
Proper or improper claimant	28
Reason must be given for denial	3
Refuse physical examination (urinalysis) (drug test)	84
Resignation and release by employee relieves carrier of Claims	85
Res Judicata	30
Right to face accuser	81
Right to see carrier records after claim filed	47
Seniority valuable asset	73
Settlement of claims by authorized representatives are final and binding	103
Scope awards - exclusivity	21
Shall is mandatory (Blacks Law Dictionary)	105
Specific charges	2
Stare Decisis	31
Submitting payroll sheet requesting pay for hours not worked - THEFT	92
Supervising crews in more than one yard	122
Supervisor not responsible for negligence of others	16
Survivor or Estate entitled to payment if claim sustained	72
Suspicion and surmise	13
Theft of carrier property	91
Time limitations	4
Time limits to hold hearing	27
Unchallenged statements made on property must be accepted as fact	38
Untimely discipline notice	11
Useless for organization to file claim on issue contained in a pending Section 6 Notice	79
Usual manner in handling claims on property	35
Witness attend carrier hearing - paid	96
Witness meet with hearing officer prior to hearing	61
Witnesses with relevant information should testify at hearing	23
Working conditions	123
Yardmaster cannot be held responsible for what did not know	58
Yardmasters required to service locomotives with supplies and to place/remove rear end markers on trains	100
Yardmaster required to work outside seniority district	111