Common use of ARTICLE DISCHARGE CASES Clause in Contracts

ARTICLE DISCHARGE CASES. It is recognized that probationary employees may be released for reason less serious than in the case of the discharge of an employee who has completed his probationary period and accordingly the release of a probationary employee will not be subject to the Grievance Procedure. A claim by an employee who has completed his probationary period that he has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step No. within five working days after the discharge is effected. The Company will notify the Union President in writing of the discharge of a regular employee. Such special grievances may be settled by the conferring parties under the Grievance Procedure or by an Arbitration Board by: fa) Confirming the Company’s action in dismissing the employee: Reinstating the employee with payment to him for such time lost due to the discharge at his regular rate of pay for his normally scheduled work for such period. By any other arrangement which may be deemed just and equitable. ARTICLE ARBITRATION When either party requests that any matter be submitted to arbitration as hereinbefore provided it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five working days thereafter the other party shall appoint a nominee: provided however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party procedure. The two nominees so appointed shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of three (3)working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings on the Arbitration Board will be expedited by the parties hereto, and the decision of the majority will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and 'expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the Grievance and Arbitration Procedure may be extended in writing and signed by both parties to this Agreement. Either party to this agreement may, in lieu of the foregoing provisions with respect to the appointment of an Arbitration Board, request the appointment of a single Arbitrator, in accordance with Section of the Ontario Labour Relations Act.

ARTICLE DISCHARGE CASES. It is recognized that probationary employees Once an employee, who has attained seniority status, has been discharged from his employment, the case may be released for reason less serious than in taken up as a grievance where the case employee is of the discharge of opinion that his termination was without just cause. Where an employee who has completed been discharged or suspended, he shall have the right to interview his probationary shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and accordingly a copy shall be forwarded to the release Union. The employee shall also be given the appropriate documents for employment insurance purposes. The Union acknowledges that the dismissal of a probationary employee will may be carried out for reasons less serious than what would be justified for a probationary employee and may be out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not be subject apply to the Grievance Procedureemployees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. A claim by an employee who has completed his probationary period that he has been discharged without just cause Any grievance relating to a suspension or discharge shall be treated as a grievance if a written statement of such grievance is lodged with the Company filed at Step No. within five working (5) days after from the discharge is effected. The Company will notify date the Union President in writing receives the written reasons for the suspension or discharge. Receipt of the discharge written reasons shall be proven by means of a regular employee. Such special grievances facsimile Grievances alleging unjust discharge may be settled by the conferring parties under the Grievance Procedure or by an Arbitration Board by: fa) Confirming confirming the Company’s 's action in dismissing the employee: Reinstating , or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the parties. No entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee with payment to him for such time lost due in the presence of his Union Xxxxxxx or the Union Business Agent if his presence is requested. A copy of any adverse record shall be supplied to the discharge at his regular rate employee and a copy shall be forwarded to the Union. Any written response by the employee the Union shall be appended to such record and form part of pay said file. Upon request by an employee, that employee's record will be available for his normally scheduled work review by the employee, or a representative of the Union (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for such perioda mutually convenient time for the review. By any other arrangement Prior discipline cannot be used in progressive discipline if nine (9) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be deemed just and equitablereferred to. ARTICLE ARBITRATION When either party requests that At no time shall the Companybe permitted to rely on any matter be submitted to arbitration as hereinbefore provided it shall make such request in writing addressed discipline which occurred eighteen (18) months prior to the other party to this Agreement, and at the same time appoint a nominee. Within five working days thereafter the other party shall appoint a nominee: provided however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party procedure. The two nominees so appointed shall attempt to select by agreement a chairman date of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of three (3)working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings on the Arbitration Board will be expedited by the parties hereto, and the decision of the majority will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and 'expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the Grievance and Arbitration Procedure may be extended in writing and signed by both parties to this Agreement. Either party to this agreement may, in lieu of the foregoing provisions with respect incident giving rise to the appointment of an Arbitration Board, request the appointment of a single Arbitrator, in accordance with Section of the Ontario Labour Relations Actcurrent discipline.

ARTICLE DISCHARGE CASES. It is recognized that probationary employees may be released for reason less serious than in the case of Prior to the discharge of an employee who has completed his probationary period and accordingly the release of employee, including a probationary employee will not employee, a member of the Plant Committee if one is working on that shift, shall be subject called by the Supervisor effecting the discharge. The Plant Committeeman shall be asked to witness the Grievance Proceduredischarge, The employee, in the presence of his Plant Committeeman, shall be told the reason for his discharge. A claim by an employee who has completed his probationary period that he has been unjustly discharged without just cause from his or her employment, shall be treated as a grievance if grievance, but a written statement of such grievance is intention to grieve must be lodged with a duly designated representative of the Company at Step No. and also with the Plant Committee within five three (3) working days after the discharge is effectedemployee ceases to work for the Company, otherwise it shall not be considered. The Company will notify the Union President in writing of the discharge of a regular employeeGrievance Procedure commencing with Step No. shall then be followed. Such special grievances grievance may be settled by the conferring parties under the Grievance Procedure or by an Arbitration Board by: fa) Confirming confirming the Company’s 's action in dismissing the employee: Reinstating , or by reinstating the employee with payment to him for such or without back pay, or with or without loss of seniority, as may be agreed upon between the parties or as directed by arbitration. ARTICLE CONTINUED DISCHARGE CASES Back pay awards shall not exceed the amount which the employee would have earned on straight time lost due during his normal work schedule, nor shall it extend beyond the date of the circumstance which occasioned the reimbursement or thirty (30) working days prior to the discharge at his regular rate date of pay for his normally scheduled work for such periodthe written grievance, whichever period is shorter. By any other arrangement which may be deemed just and equitable. ARTICLE ARBITRATION When either party requests that any matter be submitted to arbitration as hereinbefore provided it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five working days thereafter the other party shall appoint a nominee: provided It is understood however, that such thirty (30) working day limitation shall not apply if such party fails to appoint a nominee as herein requiredthe reimbursement is occasioned by an error in the calculation of an employee's wage earnings. In the case of workers covered under an incentive or bonus plan, the Minister back pay award shall not exceed the number of Labour for hours which the Province of Ontario shall employee would have power to effect such appointment upon application thereto worked during his normal work schedule, multiplied by the party procedurestraight time average earnings calculated from the two pay periods preceding his discharge. The two nominees so appointed Back pay awards shall attempt to select be reduced by agreement a chairman the total amount of any compensation received and any wages earned by the Arbitration Board. If they are unable to agree upon such a Chairman within a employee, during the period of three (3)working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings on the Arbitration Board will be expedited by the parties hereto, and the decision of the majority will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and 'expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the Grievance and Arbitration Procedure may be extended in writing and signed by both parties to this Agreement. Either party to this agreement may, in lieu of the foregoing provisions with respect to the appointment of an Arbitration Board, request the appointment of a single Arbitrator, in accordance with Section of the Ontario Labour Relations Actback pay.

ARTICLE DISCHARGE CASES. It is recognized The Union acknowledges that a probationary employees employee may be released for reason less serious than in dismissed during the case of the discharge of an employee who has completed his probationary period and accordingly the release of a probationary employee such dismissal will not be the subject to the Grievance Procedureof a grievance. A claim by an If a permanent employee who has completed his probationary period believes that he has been discharged without just cause unjustly discharged, the matter shall be treated taken up as a special grievance, commencing at the Third Step of the Grievance Procedure as set out in Article Any such special grievance if a written statement of such grievance is must be submitted in writing and lodged with the Company at Step No. Employer within five working (5) days after the discharge employee ceases to work for the Employer, and the matter will be disposed of within seven (7) days after the Employer receives the grievance, except where such a grievance is effectedtaken to arbitration. The Company will notify ARTICLE SENIORITY Seniority is defined as the Union President in writing length of the discharge of a regular employee. Such special grievances may be settled by the conferring parties under the Grievance Procedure or by an Arbitration Board by: fa) Confirming the Company’s action in dismissing the employee: Reinstating service the employee has with payment to him for such time lost due to the discharge at his regular rate of pay for his normally scheduled work for such period. By any other arrangement which may be deemed just Employer and equitable. ARTICLE ARBITRATION When either party requests that any matter be submitted to arbitration as hereinbefore provided it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five working days thereafter the other party shall appoint a nominee: provided however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party procedure. The two nominees so appointed shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of three (3)working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent accordance with the provisions of this the Agreement. Seniority shall operate on a bargaining unit-wide basis. Newly hired employees shall be considered on a probationary basis until they have worked for sixty-three (63) days worked from the date of hiring. During the probationary period, nor to alter, modify, add to or amend any part employees shall be entitled all rights and privileges of this AgreementAgreement except that the Employer shall have the sole discretion to terminate their employment at any time within the probationary period and such termination shall not be the subject of a grievance. The proceedings on After completion of the Arbitration Board probationary period, seniority for employees shall be effectivefrom the original date of employment. Seniority lists will be expedited revised each six (6) months. A copy of the list will be posted in the plant and three (3) copies given to the Union Chairperson. Such lists shall clearly state employee number, name, starting date and job classification. An employee may accept a position with the Employer outside the bargaining unit and he shall continue to accumulate seniority for a period of one year. Following this, the employee shall retain his bargaining unit seniority and retain his right to return to work within the bargaining unit in a job consistent with his seniority. In the event of a lay-off, the knowledge, qualifications, and ability of the employee shall be the primary considerations. Where two or more applicants are assessed by the parties heretoEmployer to be equal, and seniority shall be the decision determining factor. Employees shall be recalled in the order they were laid- off providing they are, in the opinion of the majority will be final Employer, qualified and binding upon capable to do the parties hereto and work. In the employee or employees concerned. Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and 'expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the Grievance and Arbitration Procedure may be extended in writing and signed by both parties to this Agreement. Either party to this agreement may, in lieu of the foregoing provisions with respect to the appointment of an Arbitration Board, request the appointment event of a single Arbitratorlayoff, in accordance with Section of the Ontario Labour Relations Act.employees who have completed their probationary period will receive notice of: