Eligibility & Exclusions

No member shall be eligible for any benefits whatsoever for “Held Out of Service,” as hereinafter defined, when at the time of the cause(s) for the discipline assessed the member was not at work or not on duty or where the cause(s) for the discipline assessed is outside the usual duties of the member’s craft or is based in whole or in part, but not solely limited to, the following examples:

(a) Unavailability or Inability to Work

Unavailability or Inability to Work – examples of which include missing call, marking off on call, refusing call, booking sick, not being available for duty, not reporting for duty on time, abandoning assignment, not meeting any availability policy or requirement, use of or misuse of any form of leave approved or otherwise, abolishment of job, abandonment of tracks, lockout, merger, war, strike, or being furloughed.

(b) Insubordination

Insubordination – examples of which include a refusal or failure to perform any duty or service for the employer, not complying with instructions expressed or implied, or insubordinate statements or behaviors.

(c) Misconduct

Misconduct – examples of which include conduct unbecoming, stealing, misappropriation of funds or property, claiming compensation to which not entitled, misrepresenting or concealing facts, dishonesty, vandalism or defacement, tampering or operating with disabled safety device(s), interfering with the intended function of any audio or video device, practical jokes or horseplay, sleeping or assuming the attitude of sleep, violation of employer’s code of ethics or conduct, or conducting oneself in a manner which could subject the employer to criticism.

(d) Disputes

Disputes – examples of which include harassment, threats or intimidation, discriminatory actions or statements, use of inappropriate language, violence in the workplace, or engaging in a physical or verbal altercation or conflict.

(e) Contraband

Contraband – examples of which include any use, transportation, or possession of weapons, games, electronic devices, unauthorized reading material, data, goods, or contraband.

(f) Qualification or Testing

Qualification or Testing – examples of which include refusal, failure, inability, or incapability to maintain or obtain any qualification or to take or pass any training, examination or test required by the employer or any government agency, or failure or neglect of the member, employer, or any government agency to fix or arrange a time for or give any training, examination, or test.

(g) Drugs and Alcohol

Drugs and Alcohol – examples of which include any use, transportation, possession, or detection of alcohol, intoxicants, narcotics, sedatives, stimulants, hallucinogens, or other drugs, or a derivative or combination of any of these, whether prescribed or otherwise, when subject to call, when reporting for duty, while on duty, while on company property, while occupying facilities paid for or furnished by the company, or refusal, failure, inability, or incapability to take or pass any drug or alcohol examination or test required by the employer or any government agency, or failure or neglect of the member, employer, or any government agency to fix or arrange a time for or give any such examination or test.

(h) Injuries

Injuries – examples of which include the reporting, late reporting, falsification in reporting, or failure to report, any injury, cumulative injury, occupational illness, medical condition or disease, or being prone to injury.

(i) Intentional Act(s)

Intentional Act or Act of Willful or Wanton Negligence – An application for “Held Out of Service” benefits will be determined to be ineligible when upon initial review or appeal to the board of directors it is determined that the cause(s) for the discipline assessed is based in whole or in part on any intentional act or act of willful or wanton negligence of any order, rule or regulation, expressed or implied, of his employer, or of any violation or infraction of any “Federal or State Law” now in force or hereafter enacted.