Common use of DEFERRED DISCIPLINE Clause in Contracts

DEFERRED DISCIPLINE. (a) This article is intended to address an individual who has been found responsible for an incident in circumstances that by themselves are not dismissible, but which, due to the existence of demerit points on the individual’s record, would result in dismissal. (b) Where it is felt that the service record of the individual warrants his retention in employment, he/she may be assessed “deferred discipline”. (c) Deferred discipline is a procedure whereby the discipline assessed will be annotated on the employee’s file, but not added to his xxxxxxx xxxx total provided, for a period of one year following the issuance of the deferred discipline, he/she is discipline-free. Following one year of discipline-free service the employee’s discipline record will revert to its standing prior to the assessment of the deferred discipline. (d) If additional discipline is issued to the individual during the one-year period then the discipline which had been deferred will be added to his/her discipline total. (e) Where it is determined that the situation warrants the assessment of deferred discipline, the employee will be so advised and will have three (3) days in which to advise the Company that he/she wishes to accept the deferred discipline. By so accepting the individual will be waiving the right to grieve the discipline as provided for in his/her Collective Agreement. It is understood that for the purposes of rendering a decision, the date upon which the individual is advised that his/her discipline may be deferred will be regarded as the date upon which the Company has rendered its decision. If the individual indicates that he/she does not wish to accept the deferred discipline – or has not replied within the three (3) day delay – the discipline assessed will be immediately added to his/her discipline record.

DEFERRED DISCIPLINE. (a) This article is intended to address an individual who has been found responsible for an incident in circumstances that by themselves are not dismissible, but which, due to the existence of demerit points on the individual’s record, would result in dismissal. (b) Where it is felt that the service record of the individual warrants his retention in employment, he/she may be assessed “deferred discipline.”. (c) Deferred discipline is a procedure whereby the discipline assessed will be annotated on the employee’s file, but not added to his xxxxxxx xxxx total provided, for a period of one year following the issuance of the deferred discipline, he/she is discipline-free. Following one year of discipline-free service the employee’s discipline record will revert to its standing prior to the assessment of the deferred discipline. (d) If additional discipline is issued to the individual during the one-year period then the discipline which had been deferred will be added to his/her discipline total. (e) Where it is determined that the situation warrants the assessment of deferred discipline, the employee will be so advised and will have three (3) days in which to advise the Company that he/she wishes to accept the deferred discipline. By so accepting the individual will be waiving the right to grieve the discipline as provided for in his/her Collective Agreement. It is understood that for the purposes of rendering a decision, the date upon which the individual is advised that his/her discipline may be deferred will be regarded as the date upon which the Company has rendered its decision. If the individual indicates that he/she does not wish to accept the deferred discipline – or has not replied within the three (3) day delay – the discipline assessed will be immediately added to his/her discipline record.

DEFERRED DISCIPLINE. (a1) This article clause is intended to address an individual who has been found responsible for an incident in circumstances that by themselves are not dismissibledismissable, but which, due to the existence of demerit points marks on the individual’s 's record, would result in dismissal. (b2) Where it is felt that the service record of the individual warrants his their retention in employment, he/she the employee may be assessed “"deferred discipline”". (c3) Deferred discipline is a procedure whereby the discipline assessed will be annotated on the employee’s 's file, but not added to his their xxxxxxx xxxx total provided, for a period of one year following the issuance of the deferred discipline, he/she the employee is discipline-free. Following one year of discipline-free service service, the employee’s 's discipline record will revert to its standing prior to the assessment of the deferred discipline. (d4) If additional discipline is issued to the individual employee during the one-one year period period, then the discipline which had been deferred will be added to his/her the employee's discipline totalrecord. (e5) Where it is determined that the situation warrants the assessment of deferred discipline, the employee will be so advised and will have three (3) days in which to advise the Company that he/she wishes they wish to accept the deferred discipline. By so accepting accepting, the individual employee will be waiving the right to grieve the discipline as provided for in his/her the Collective Agreement. It is understood that for the purposes of rendering a decision, the date upon which the individual is advised that his/her their discipline may be deferred will be regarded as the date upon which the Company has rendered its decision. If the individual indicates that he/she does they do not wish to accept the deferred discipline – discipline, or has they have not replied within the three (3) day delay – delay, the discipline assessed will be immediately added to his/her their discipline record. (6) Within 30 days of the assessment of discipline, i.e., the date the Form 104 is issued to the employee which results in the use of deferred discipline under the provisions of the collective agreement(s), the Union may request that a review of the case be done by the General Chairman of the Union and the General Manager. (7) The General Chairman and the General Manager will meet as soon as possible to review the culminating incident, but in any case within 30 days of the request. (8) The parties will review the entire case file on the matter to determine the merits of the case. (9) There shall be no ability to progress a grievance or to proceed to arbitration with respect to deferred discipline. Xx. X. X. XxXxxxx Xx. X. X. Xxxxxxxxx General Chairman General Chairperson Canadian Council of Railway Canadian Council of Railway Operating Unions (BLE) Operating Unions (UTU) 000 Xxxxxxxx Xxxxxx 000-000 0xx Xxxxxx X.X. Xxxxx 0000 Xxxxxxx, XX X0X 0X0 Xxxxxx, XX X0X 0X0 Xx. X. X. Xxxxxx Xx. X. X. Xxxxxx General Chairman General Chairperson Canadian Council of Railway Canadian Council of Railway Operating Unions (BLE) Operating Unions (UTU) 00000 XxxXxxx Xxxxx S. 000 Xxxxxxx Xxxx, Xxxxx 00 Xxxxx 000 Xxxxxxxxxxx, XX M1H 2A5 Xxxxxxx, XX X0X 0X0 Dear General Chairmen: The Company is in the process of developing a re-write of the Guide to Investigation Procedures. A draft copy of that document will be provided to the CCROU for review and comment and a meeting between Company and Union Officers will be convened shortly thereafter to discuss the issue. A determination will be made at that meeting with regard to appropriate areas that should be included in the development of a joint Company and CCROU investigation procedure and discipline handling program. The Jointly developed program will be used by both the Company and the CCROU as an educational tool for to further develop understanding of these issues by local Company and CCROU representatives. The Company will bear the development costs of the actual training program in respect of consultant fees, if any, and management costs. The Company and the CCROU will each bear the costs associated with their respective representatives to the committee and for attendance of their respective representatives at the training program. To the extent possible, training programs will be held at various home terminals to reduce travel costs. Yours truly, Director, Labour Relations cc: Xx. X. X. Xxxxx Xx. X. X. Xxxxxx Chairperson Secretary-Treasurer Canadian Council of Railway Operating Unions Canadian Council of Railway Operating Unions 000 Xxxxxxxx Xxxxxx, Xxxxx 0000 Suite 750, 0000 Xxxxxxx Xxxxx Xxxxxx, XX X0X0X0 Xxxxxxxxxx, XX X0X 0X0 MONTREAL, July 25, 1989 Xx. X. X. Xxxxxx, Xx. X. X. Xxxxx, General Chairman, General Chairman, Brotherhood of Locomotive Brotherhood of Locomotive Engineers, Engineers, Xxxxx 000, X. X. Xxx 000, 00000 XxxXxxx Trail South, Smiths Falls, Ontario. Xxxxxxx, Xxxxxxx. X0X 0X0. X0X 0X0. Dear Sirs: This has reference to our discussions during negotiations concerning the Unions' demands relating to investigations. One of the matters raised by the General Chairmen was that employees were not always able to have the desired accredited representative of the Union to assist them at investigations due to their unavailability at the time for which the investigation was scheduled. You were advised that, under normal circumstances, the Company does allow a reasonable delay or postponement of an investigation if an employee requests that a particular representative be present who, at that given time, may not be available. Requests for such postponement should be made in advance of the scheduled time for the investigation. You recognized, however, inasmuch as the words "of his choice" do not appear in the Collective Agreement provisions respecting Investigations, that this does not allow the employee the unfettered right to unduly delay the investigation awaiting the representative since the expeditious handling of investigations is of paramount importance. Another issue raised by the General Chairmen related to the use of technical documents and records such as Q-Tron tapes in investigations which, they suggest, is becoming a frequent occurrence. They have complained that, in many cases, neither the employee nor his representative was qualified to interpret this evidence when confronted with it. It was agreed that, upon request, we would confirm to the employee whether or not such technical evidence will be used at an investigation in order that he might arrange for a qualified accredited representative. It was further agreed that the employee and his representative would be allowed time to study this evidence as well as any other evidence to be introduced at the commencement of the investigation. It was further understood that should any new facts come to light during the course of the investigation, this would be investigated and, if necessary, further memoranda would be placed into evidence during the course of the investigation. Another concern raised by the General Chairmen was that investigations conducted at other than employee's home terminals, due to the expanded Superintendents territories, put undue hardship on the employees. It was agreed that investigations should be conducted at the employee's main home terminal to the extent possible. However, should a Superintendent whose office is at a distant terminal feel it is necessary for an investigation to be conducted in his office, the employee would be advised to appear at that point. When this is required, the Company will provide appropriate transportation for the employee and his representative where necessary. Furthermore, if an employee is required to stay overnight, the Company will furnish accommodation in the resthouse, or the equivalent thereof. You acknowledged, moreover, that should the employee desire another employee to appear as a witness on his behalf it would be his responsibility. In this regard, it was agreed that, should you consider that investigations are being held at other than the employee's main home terminal for insufficient reasons, the matter may be referred to the General Manager by the General Chairman. Failing a resolve the Vice-President of the Union or his delegate may refer the matter to the office of the Vice-President, Industrial Relations. All Officers responsible for conducting investigations will be apprised of the contents of this letter for their guidance. Yours truly, (Sgd.) X. X. Xxxxxx Manager, Labour Relations MONTREAL, November 16, 1992 Xx. X.X. Xxxxxx Xx. X.X. Xxxxx General Chairman General Chairman Brotherhood of Locomotive Brotherhood of Locomotive Engineers Engineers Xxxxx 000 X. X. Xxx 000 00000 XxxXxxx Trail South Smiths Falls, Ontario Xxxxxxx, Xxxxxxx X0X 0X0 X0X 0X0 Dear Sirs:

DEFERRED DISCIPLINE. (a1) This article clause is intended to address an individual who has been found responsible for an incident in circumstances that by themselves are not dismissibledismissable, but which, due to the existence of demerit points marks on the individual’s 's record, would result in dismissal. (b2) Where it is felt that the service record of the individual warrants his their retention in employment, he/she the employee may be assessed “"deferred discipline”". (c3) Deferred discipline is a procedure whereby the discipline assessed will be annotated on the employee’s 's file, but not added to his their xxxxxxx xxxx total provided, for a period of one year following the issuance of the deferred discipline, he/she the employee is discipline-free. Following one year of discipline-free service service, the employee’s 's discipline record will revert to its standing prior to the assessment of the deferred discipline. (d4) If additional discipline is issued to the individual employee during the one-one year period period, then the discipline which had been deferred will be added to his/her the employee's discipline totalrecord. (e5) Where it is determined that the situation warrants the assessment of deferred discipline, the employee will be so advised and will have three (3) days in which to advise the Company that he/she wishes they wish to accept the deferred discipline. By so accepting accepting, the individual employee will be waiving the right to grieve the discipline as provided for in his/her the Collective Agreement. It is understood that for the purposes of rendering a decision, the date upon which the individual is advised that his/her their discipline may be deferred will be regarded as the date upon which the Company has rendered its decision. If the individual indicates that he/she does they do not wish to accept the deferred discipline – discipline, or has they have not replied within the three (3) day delay – delay, the discipline assessed will be immediately added to his/her their discipline record. (6) Within 30 days of the assessment of discipline, i.e., the date the Form 104 is issued to the employee which results in the use of deferred discipline under the provisions of the collective agreement(s), the Union may request that a review of the case be done by the General Chairman of the Union and the General Manager. (7) The General Chairman and the General Manager will meet as soon as possible to review the culminating incident, but in any case within 30 days of the request.