Common use of ARTICLE DISCIPLINE Clause in Contracts

ARTICLE DISCIPLINE. For the purpose of this article Supervisor in the case of a school shall mean the Principal. (The following clause does not apply to supply employees) District School Board will administer discipline in a mannerconsistent with the concept of progressive discipline. Discipline will be employed to improperconduct or poor performance. An opportunity will be provided for the disciplinedemployee the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normalprogressive discipline process. Employees must be aware potentialdisciplinary actions will be invokedby the employer for misconduct or unacceptable work Supervisors are responsible for addressingpotential situations that might draw discipline. Employees who am behaving orperformingin a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by supervisor. Supervisors are expected to investigate offenses and problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediatelyjustified if the situationis beyondthe employee's control. The has a responsibilityto inform the employee of the lack of adequate and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselling. If the individualcontinues inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the The Board will notify the employee in advance of a disciplinary meetingand the employee's right to have Union representation at the meeting. The Union has the right to have a representative of the Office and Professional Employees InternationalUnion present at all disciplinary meetings. When an employee has been dismissed, the employee shall have the opportunity of interviewing a union representative in private for a reasonable period of time before leaving the Board premises. A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article commencing at The "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a union member. The Union will be notified within five (5) working days of the employee's receipt of said letter. ARTICLE

Appears in 1 contract

Samples: negotech.labour.gc.ca

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ARTICLE DISCIPLINE. For The Society may discharge, suspend, demote or otherwise discipline employees who have successfully completed their probationary period for just cause. Certain offenses are of such gravity and importance that the purpose Society may impose the specific penalty of this article Supervisor in discharge. Where the case of a school shall mean the Principal. (The following clause does not apply to supply employees) District School Board will administer discipline in a mannerconsistent with the concept of progressive discipline. Discipline will be employed to improperconduct or poor performance. An opportunity will be provided for the disciplinedemployee the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normalprogressive discipline process. Employees must be aware potentialdisciplinary actions will be invokedby the employer for misconduct or unacceptable work Supervisors are responsible for addressingpotential situations that might draw discipline. Employees who am behaving orperformingin a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by supervisor. Supervisors are expected to investigate offenses and problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediatelyjustified if the situationis beyondthe employee's control. The has a responsibilityto inform the employee of the lack of adequate and, in the case dismissal of an employee who has completed is made the probationary periodsubject of a grievance which proceeds to arbitration and the dismissal is for one or more of these serious offenses, give them the Society shall be required to establish, on a reasonable time to improvebalance of probabilities, offer that the Employee committed the offence. Where the Society establishes that the employee training opportunities and provide suitable counselling. If committed the individualcontinues inadequately and has had a reasonable amount of time to improveoffense, then the Board Arbitrator or Arbitration Board, as the case may discipline and ultimately dismiss an employee cause. An employee be, shall have not inquire into the right to have a Union representative present at disciplinary meetings with the The Board will notify the employee in advance of a disciplinary meetingand the employee's right to have Union representation at the meetingpenalty imposed. The Union has offenses which are considered to warrant the right treatment set out above are: Assaulting or abusing a Client or care member; Theft of property from a Client, care member or the Society. Nothing in this clause shall limit the Society in imposing discipline, up to have a representative and including discharge, for any other offense, subject to the other terms of this collective agreement. Whenever the Office and Professional Employees InternationalUnion present Society formally imposes discipline, of at all disciplinary meetings. When least the written warning level, on an employee has been dismissedemployee, the employee shall have the opportunity right, upon request, to the presence of interviewing a union representative xxxxxxx. Where the Society decides to hold a meeting with an employee, to investigate a matter that may result in private discipline or imposes discipline on an employee, the Society shall advise the employee of the purpose of the meeting in advance and shall further advise the employee of her right to request the presence of the union xxxxxxx at the meeting. If an employee is suspended or discharged, the Society shall notify the union in writing within working days following the date of suspension or discharge. All records of disciplinary action are to be removed from an employee’s personnel file eighteen (18) months from the date of discipline provided there has been no further disciplinary action during this eighteen (18) month period. Where an employee fails to report for a scheduled work assignment without notifying the Society in advance, unless such notice could not reasonably be given (it being understood that forgetting the assignment is not a reasonable period of time before leaving excuse for failing to so notify) the Board premises. A claim by an Society may impose the following specific penalties: a one (1) working day suspension on the first occasion that the employee fails to report for unjust work; and a three (3) working day suspension or discharge shall be treated as on the second occasion that the employee fails to report for work; and a grievance and handled in accordance with Article commencing at The "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a union member. The Union will be notified within five (5) working days day suspension on the third occasion that the employee fails to report for work; and discharge from employment on any further occasion that the employee fails to so report for work. Where a suspension or discharge for this offense is made the subject of a grievance which proceeds to arbitration, the employee's receipt Society shall be required to establish, on a balance of said letterprobabilities, that the employee failed to report for a scheduled work assignment and that the employee did not advise the Society of their absence in advance. ARTICLEWhere the Society establishes that the employee failed to report and did not advise the Society in advance, and the Union does not establish, on balance of probabilities, that the employee could not reasonably have given notice to the Society, then the arbitrator or the arbitration board, as the case may be, shall not inquire into the penalty imposed. It is understood that offenses under this clause shall be subject to Article

Appears in 1 contract

Samples: Collective Agreement

ARTICLE DISCIPLINE. For An employee committing any of the purpose of following offenses will be liable to: (In applying this article Supervisor in the case of a school shall mean the Principal. (The following clause does not apply to supply employees) District School Board will administer discipline in a mannerconsistent with the concept system of progressive discipline. Discipline , no disciplinary reprimands more than twelve (12) months old will be employed taken into account). First offense in Second offense maximum three (3) days suspension Third offense dismissal for cause Loitering Absence without good reason Failing to improperconduct or poor performance. advise his xxxxxxx when not able to report for his shift Habitual lateness Habitual absenteeism Improper use of the Company's property Violation of safety rules of a minor nature Leaving the job before quitting time Gambling on the Company's premises Horseplay An opportunity employee committing any of the following offenses will be provided liable to immediate dismissal: Wilful disobedience to authority except where obedience would endangerhis life or limb Fighting Being on the Company's premises or in Company vehicle while under the influence of alcoholic beverages drugs Bringing, having or consuming alcoholic beverages drugs on the Company's premises or in Company vehicles Smoking in prohibited areas Wilful damage to the Company's property or the property of others Punching another employee's time card Absent without notification or permission for a period in excess of three (3) consecutivework days. The above mentioned grounds for discipline are not meant to be exhaustive but merely illustrative. Any other acts of substance related to the disciplinedemployee fitness of the inappropriate behaviour identifiedperson may be considered cause. In cases When an employee is called into the office for any reason that may result in disciplinary action, he shall be accompanied by the Xxxxxxx or another member of severe misconductthe Grievance Committee, however, the Board may bypass the normalprogressive discipline process. Employees must be aware potentialdisciplinary actions will be invokedby the employer for misconduct or unacceptable work Supervisors are responsible for addressingpotential situations that might draw discipline. Employees who am behaving orperformingin a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by supervisor. Supervisors are expected to investigate offenses and problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediatelyjustified if the situationis beyondthe employee's control. The has a responsibilityto inform the employee of the lack of adequate and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselling. If the individualcontinues inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee cause. An employee shall have the right to have a Union representative present at disciplinary meetings with ask the The Board will notify the employee in advance of a disciplinary meetingand the employee's right Xxxxxxx or his replacement to have Union representation at leave the meeting. The Union has the right to have a representative of the Office and Professional Employees InternationalUnion present at all disciplinary meetings. When an employee has been dismissed, the employee shall have the opportunity of interviewing a union representative in private for a reasonable period of time before leaving the Board premises. A claim by an a permanent employee for unjust suspension or discharge who has attained seniority that he has been unjustly discharged shall be treated as a grievance and handled in accordance if a written statement of such grievanceis lodged with Article commencing at The "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a union member. The Union will be notified Manager within five three (53) working days of the employee's receipt of said letter. ARTICLEdischarge.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE DISCIPLINE. For An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge. No employee who has completed his probationary period shall be disciplined by written reprimand, by suspension without pay, or by discharge except for just cause. Performance reviews shall not be considered as written reprimands. An oral or written reprimand or suspension with pay may be administered by an employee's immediate supervisor. Suspension without pay or discharge may be administered by the Deputy Head, Acting Deputy Head, Chief Executive Officer, or Acting Chief Executive Officer of the employee's Department, Board, Commission, or Agency. Where an employee is disciplined by suspension or discharge, the Employer shall, within ten working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates. A suspension without pay shall be for a specified period of time. A suspension without pay or discharge shall be effective on the date the employee is given oral notice or notice in writing by personal service, or the postmarked date of the letter when notice is given by registered mail. Failure of the Employer to provide such written reasons as required by clause shall result in immediate reinstatement of the employee. Where an employee alleges that he has been suspended or discharged in violation of clause he may within twenty (20) days of the date of his suspension or discharge invoke the grievance procedure including adjudication as set out in this agreement and for the purpose of this article Supervisor in a grievance alleging violation of clause he shall lodge his grievance at the case final level of the grievance procedure. The employee shall, when grieving a school shall mean disciplinary action, state the Principal. (The following clause does not apply nature of each act or omission complained of and should include where relevant such reference to supply employees) District School Board will administer discipline in a mannerconsistent with the concept of progressive discipline. Discipline will be employed statute, regulation, departmental order, collective agreement or arbitral award alleged to improperconduct have been violated or poor performance. An opportunity will be provided for the disciplinedemployee the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normalprogressive discipline process. Employees must be aware potentialdisciplinary actions will be invokedby the employer for misconduct or unacceptable work Supervisors are responsible for addressingpotential situations that might draw discipline. Employees who am behaving orperformingin a manner that might warrant discipline will be made aware of misinterpreted as well as the nature of the unacceptable behaviour alleged violation or misinterpretation. Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article then the employee shall be immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits which he shall not lose is his regular pay during the period of suspension or discharge, which shall be paid to him at the end of the next complete pay period following his reinstatement. Pending investigation of an incident, an employee may be relieved of duties and required to leave the potential for discipline by supervisorpremises of the establishment in which the employee works during which time the employee shall continue to be paid. Supervisors are expected to investigate offenses and problems fully and concisely. Each situation Unless the investigation results in disciplinary action, no record of the incident will be factually documented placed in a timely manner by the appropriate supervisoremployee’s personnel file. Progressive discipline will All references to disciplinary action taken against the employee shall be applied in cases where removed after eighteen (1 months from the misconduct or performance problem is within the control date of the employee. A imposition of the discipline provided there has been no other incident of disciplinary response is not immediatelyjustified if action in the situationis beyondthe employee's control. The has a responsibilityto inform respect of the employee of recorded in that period. Where the lack of adequate and, in the case of employer schedules a meeting with an employee who has completed with the probationary periodintention of discussing disciplinary action, give them a as per Article hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time to improvelimits, offer the employee training opportunities and provide suitable counselling. If the individualcontinues inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee cause. An employee shall have the right arrange to have a Union representative present at disciplinary meetings with attend the The Board will notify ARTICLE SENIORITY: An employee shall be considered to be on probation for a period of six (6) months immediately following the date on which the person reports to the Deputy Head for duty, provided that on the expiration of such period of six (6) months the Deputy Head may extend the probationary period for further periods of three (3) months, but the total probationary period shall not exceed twelve (12) months. An employee in advance of a disciplinary meetingand who has completed his probationary period shall have his seniority dated back to the employee's right to have Union representation at the meetingdate on which his continuous service began. The Union has the right to have a representative Where an employee is promoted or transferred out of the Office Bargaining Unit and Professional Employees InternationalUnion present at all disciplinary meetings. When an employee has been dismissed, the employee shall have the opportunity of interviewing is returned within a union representative in private for a reasonable period of time before leaving the Board premises. A claim by an employee for unjust suspension or discharge six months he shall be treated return to his former classification and he shall not suffer any loss of seniority as a grievance and handled in accordance with Article commencing at The "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a union member. The Union will be notified within five (5) working days result of the employee's receipt of said letter. ARTICLEtemporary promotion or transfer.

Appears in 1 contract

Samples: Collective Agreement

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