Availability or Ability to Work – missing call, marking off on call, refusing call, booking sick, not being available for duty, not reporting for duty on time, 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.
(i) Intentional Act(s)
(f) Qualification or Testing
(a) Availability or Ability to Work
Art. XII, (Sec. 4), General Exclusions
Celebrating over 100 Years
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Disputes – harassment, violence in the workplace, threats or intimidation, discrimination, using inappropriate language, or engaging in an altercation or conflict (be it physical or verbal).
Insubordination – refusal or failure to perform any duty or service for the employer, not complying with instructions expressed or implied, insubordination, or abandoning assignment.
(g) Drugs and Alcohol
(Sec. 4) – General 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:
Injuries – 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. The organization shall not pay any sick, injury or death benefits, except as herein explicitly provided, to or on behalf of its members.
Contraband – any use, transportation or possession of weapons, games, electronic devices, unauthorized reading material, data, goods, or contraband.
Intentional Act(s) or Act(s) of Willful or Wanton Negligence – where an officer or director reviewing the information received for the application of “Held Out of Service” benefits, or the board of directors on appeal, have determined that the cause(s) for the discipline assessed is based in whole or in part on any intentional act(s) or act(s) of willful or wanton negligence of any order(s), rule(s) or regulation(s), expressed or implied, of his employer, or of any violation or infraction of any “Federal or State Law” now in force or hereafter enacted.
Drugs and Alcohol – any use, transportation, possession, or detection of alcohol, intoxicants, narcotics, sedatives, stimulants or 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 employer or any government agency to fix or arrange a time for or give any such examination or test.
Conduct – 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), practical jokes or horseplay, sleeping or assuming the attitude of sleep, or conducting oneself in a manner which could subject the employer to criticism.
Qualification or Testing – 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 employer or any government agency to fix or arrange a time for or give any training, examination or test.
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