DISCHARGE AND DISCIPLINARY PROCEDURE. 7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction. 7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction: 1. A Verbal Warning - in the presence of a Union representative; 2. A Written Warning - copy to Union; 3. A Suspension - copy of notice to Union; 4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company. 7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows: b) The Company reserves the right to keep a copy of the personnel file at Head Office. c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted. 7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months. 7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure. 7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days. 7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall: 1. Put the employee back on his/her job with no loss of seniority and; 2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings; 3. Rescind the penalty; or 4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline 8:01 When an employee receives a warning his Xxxxxxx must be present. In the absence of the Zone Xxxxxxx, the Chief Xxxxxxx or finally, an Officer of the Union must be present.
8:02 It is agreed that any warning will be stricken from the employee’s record after nine (9) months of active employment from its occurrence. Any suspension will be stricken from the employee’s record after fifteen (15) months of active employment from its occurrence. Once removed, they shall not be used in any future situations.
8:03 Before any employee is discharged or suspended for just cause, the Chief Xxxxxxx shall be notified immediately and reasonable cause. When where possible, be present at such meeting.
8:04 Any permanent employee whom the Company suspends or discharges, or whom it contends has established that an infraction has been committed by lost their seniority under Article 14, shall be retained at/or returned to active work until any grievance contesting
8:05 However, the employee may be removed from active work (without pay) until the resolution of the grievance protesting the suspension or discharge, if the alleged cause for suspension, discharge or termination is the result of any of the following; a danger to the safety of employees or equipment in the Distribution Center, fighting, theft or concerted or individual refusal to perform their assigned work.
(a) Grievances involving employees who are retained at work under this provision will be handled in the Expedited Arbitration Procedure unless the Union Staff Representative and the Director, Finance and Administration mutually agree otherwise. If the Arbitrator upholds the suspension, discharge or break in service of an employee retained at work, the penalty shall be instituted after receipt of the arbitration decision.
(b) Notwithstanding the above, the parties may mutually agree to use the mediation process to resolve grievance issues.
8:07 The above references to suspensions, discharges and that disciplinary action is warrantedterminations are examples and are not intended to be all inclusive, he/she but indicate how various types of issues will be disciplined handled.
8:08 If an employee is not to be retained at work in accordance with the above, the employee will be allowed to meet with the Zone Xxxxxxx (and Chief Xxxxxxx if on shift) before leaving the premises.
8:09 Any grievance involving suspensions, discharges or terminations shall be filed with the Human Resources Department at Step Three of the Grievance Procedure within ten three (103) working days of the infractionaction.
7.02 The 8:10 It is understood that the Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee may bring forward at any step of time any complaint or grievance against the disciplinary procedureUnion, including the investigation. Should an employee refuse Union representationits Officers, he/she must sign a waiver with the Union Committeemen or Stewards, and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall satisfactory settlement is not reached then the Grievance Procedure may be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Officeinvoked.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE. a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When b. In those instances where the Company has established that an infraction has been committed by an employee and that discharges or disciplines a non-probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a fact finding meeting is warrantedheld between the Employee’s Supervisor, he/she the Employee, and his Union Representative. Written notice of the date and time of the fact-finding meeting will be disciplined provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within ten seven (107) working calendar days of the infractiondate of the Company’s written notice of its intent to take disciplinary action or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing will preclude the Company’s right to suspend an Employee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level will not constitute a precedent. The Company representative involved will, within seven (7) calendar days after such meeting, render a decision in writing to the Employee giving his reasons therefore
c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to a Special System Board of Adjustment (“Special Board”) within twenty-one (21) calendar days after receipt by serving written notice to the Vice President of Maintenance and Engineering or his designee at the Company’s Administrative Office of its intention to do so.
7.02 d. The System Board of Adjustment will be composed of one member designated by the Company favours "Corrective Discipline" as opposed and one member designated by the Union. In the case of a discharge, the Special Board will convene at the city where the discharge took place unless another location is mutually agreed to "Punitive Discipline" so agrees to follow by the procedure of progressive discipline, dependent on the employee’s disciplinary file Company and the severity Union, within twenty-one (21) calendar days of the infraction:
1date the discharge is appealed to the Special Board. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedureBoth parties will, including the investigation. Should an employee refuse Union representationupon request, heprovide all data/she must sign a waiver with the Union documents and the Companynames of all witnesses to be presented at the Special Board no later than three (3) calendar days prior to the scheduled Special Board hearing. The Union shall receive all copies parties may, by mutual agreement, conduct the Special Board hearing set forth herein by teleconference or waive the Special Board hearing and proceed directly to arbitration. The Special Board will only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of disciplinary notices given to employees. All discipline shall be administered loss of pay by the Company, and such finding or decision will be final and binding upon the Aircraft Mechanics Fraternal Association, the Company and the individual Employee or Employees to such dispute. If the Special Board deadlocks, the Union may appeal the case to arbitration, within thirty (30) calendar days after the decision of the Special Board is rendered.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 e. In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of Union appeals the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10action to arbitration in accordance with Section 2(d) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severeabove, the Company shall:
1and the Union will attempt to agree on a mutually acceptable impartial arbitrator. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by If the parties or by are unable to agree on such arbitrator the Arbitratorparties will select such arbitrator as provided in Article 22.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline 8:01 When an employee receives a warning his Xxxxxxx must be present. In the absence of the Zone Xxxxxxx, the Chief Xxxxxxx or finally, an Officer of the Union must be present.
8:02 It is agreed that any warning will be stricken from the employee’s record after (6) six months of active employment from its occurrence. Any suspension will be stricken from the employee’s record after (12) twelve months of active employment from its occurrence.
8:03 Before any employee is discharged or suspended for just cause, the Chief Xxxxxxx shall be notified immediately and reasonable cause. When where possible, be present at such meeting.
8:04 Any permanent employee whom the Company suspends or discharges, or whom it contends has established that an infraction has been committed by lost their seniority under Article 14, shall be retained at/or returned to active work until any grievance contesting such suspension, discharge or break in service question is finally resolved through the grievance and arbitration procedure.
8:05 However, the employee may be removed from active work (without pay) until the resolution of the grievance protesting the suspension or discharge, if the alleged cause for suspension, discharge or termination is the result of any of the following; a danger to the safety of employees or equipment in the plant, fighting, theft or concerted or individual refusal to perform their assigned work.
(a) Grievances involving employees who are retained at work under this provision will be handled in the Expedited Arbitration Procedure unless the Union Staff Representative and the Director, Human Resources & Sustainability mutually agree otherwise. If the Arbitrator upholds the suspension, discharge or break in service of an employee retained at work, the penalty shall be instituted after receipt of the arbitration decision.
(b) Notwithstanding the above, the parties may mutually agree to use the mediation process to resolve grievance issues.
8:07 The above references to suspensions, discharges and that disciplinary action is warrantedterminations are examples and are not intended to be all inclusive, he/she but indicate how various types of issues will be disciplined handled.
8:08 If an employee is not to be retained at work in accordance with the above, the employee will be allowed to meet with the Zone Xxxxxxx (and Chief Xxxxxxx if on shift) before leaving the premises.
8:09 Any grievance involving suspensions, discharges or terminations shall be filed with the Human Resources Department at Step Three of the Grievance Procedure within ten three (103) working days of the infractionaction.
7.02 The 8:10 It is understood that the Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee may bring forward at any step of time any complaint or grievance against the disciplinary procedureUnion, including the investigation. Should an employee refuse Union representationits Officers, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.Committeemen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that 8.01 Management shall not take disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on without first warning the employee’s disciplinary file and , unless the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment circumstances justify immediate suspension or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 Three (3) of the grievance procedure within ten five (105) working days.
7.08 (a) Warnings shall be given in writing to the employee and a copy shall be sent by mail to the Union. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In cases where justified penalties and warnings (excluding dismissals) have been given to an employee, it is understood and agreed that if an employee is not given a justified penalty and/or warning within a continuous period of twelve (12) months, his employment record shall be cleared of any deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or returned to active work until any grievance contesting such suspension is finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any step of steps in the grievance procedure, including arbitration, procedure or decided by an arbitrator that an employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Company shall:
1. Put the employee Management shall put him back on his/her his job with no loss of seniority and;
2. Pay to seniority, and they shall pay the employee either the amount he/she he would have earned had she/he been workingworking or by any other arrangement as to compensation, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as which is considered just and equitable by in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall be paid all wages due him on the pay day when such wages would normally be due and payable, unless otherwise mutually agreed between the Company and the Union.
8.05 No employee shall be subject to any disciplinary action by a xxxxxxx or supervisor without having a Union representative present, where such action is to be part of an employee's record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the Arbitratordismissal of any member of the Bargaining Unit.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right 12.01 When a meeting is held to discipline issue or discuss a disciplinary warning, a disciplinary suspension or dismissal of an employee for just who has completed the probationary period, a xxxxxxx will attend the meeting unless the employee indicates that he/she does not want the xxxxxxx to attend. If the Employer decides to issue a warning, suspension or dismissal of an employee who has completed the probationary period, then the Employer shall forward a copy of the notice to the Union. It is understood that failure to comply with this provision will not affect the validity of the dismissal or the admissibility of the evidence collected and reasonable cause. When the Company has established that an infraction has been committed will not be used as a mitigating circumstance.
12.02 A claim by an employee and who has completed the probationary period that disciplinary action he has been unjustly suspended, or received a written warning, or discharged, shall be treated as a grievance if a written statement of such grievance is warranted, he/she will be disciplined submitted by the employee at step two within ten seven (107) working days after the date of the infractionsuspension, written warning or discharge.
7.02 The Company favours "Corrective Discipline" as opposed 12.03 An employee shall be permitted to "Punitive Discipline" so agrees review her own personnel file once every three (3) months provided that
a) the employee submits a written request at least forty-eight (48) hours in advance of the proposed time to follow review the procedure of progressive discipline, dependent file;
b) the review is conducted on the employee’s disciplinary file own time and outside of a scheduled shift;
c) the severity of the infraction:
1. A Verbal Warning - review is conducted in the presence of a Union representativemember of management;
2. A Written Warning - copy to Uniond) the employee does not remove any document or other item from the file;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline e) photocopies shall be administered by provided upon request at the Companyemployee’s cost; and
f) the Centre will schedule the review within 3 business days subsequent to receiving the request in (a) above.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline 12.04 All warnings and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and notations involving absenteeism shall be removed from the an employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action ’s personnel file after twelve (12) months and after twelve (12) months in the case of all other discipline, from the date of issuance and shall be removed from the employee's employment records after warning, provided the expiry of employee has been discipline free for the said period. An employee may not claim that he/she has been discipline free for any more than twelve (12) monthsor twelve (12) months if such is not the case.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that Management shall not take disciplinary action without warning an employee, unless the circumstancesjustify immediate discipline or discharge. Any employee who is warrantedto receive discipline in the form of a written warning, he/she will suspension, or discharge during a meeting shall have a xxxxxxx or Union executive present in the disciplinary meeting. All warnings shall be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed confirmed in writing to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if provided with a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a duplicate copy of the personnel file at Head Officenotice. The written notice shall contain the reason(s) for the discipline or discharge.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six 7.02 Twelve (612) months after a first written reprimand has been issuedwarning is given, the reprimand so given it shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment recordsinactive. In cases where However, if an employee has been given receives a record reprimand which involves disciplinary action before second warning for a related offence during the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months month period, it will be considered as a second warning period from the date time it occurs and a written warning will be issued. This second warning will remain on the file for a period of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months. If a third warning occurs for a related offence during the twelve (12) month period, the employee shall be subject to further disciplinary action which may include discharge.
7.06 7.03 An employee shall be entitled to review their personnel file with supervision upon giving at least five (5) days' written notice to the Human Resou rce Manager. For the purposes of this a rticle, days shall refer to Monday through Friday, not including general holidays. With the consent of the employee, a Union Representative may be present.
7.04 In the event of a claim that an employee who has attained seniority has been disciplined unjustly suspended or discharged unjustly, unreasonably by any means other than discharge or suspensionimproperly, the grievance shall be filed in itiated at Step 2 the Third Stage of the grievance procedureG rievance Procedure within five (5) working days following the day notice is given to the employee.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that (a) If an employee has been discharged takes part in fraudulentactivity, fighting, violates a major safety rule, or suspended unjustly or unreasonablygross insubordination, the grievance such behaviour shall be filed at Step 2 of the grievance procedure within ten (10) working dayssubject to disciplinary action including immediate discharge.
7.08 (b) If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended is found to be under the influence of or discharged unjustly consuming alcohol or unreasonablyunder the influence of or in possession of substances prohibited by law on Company property, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay behaviour shall be subject to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitratordisciplinary action which may include discharge.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline 8:01 When an employee for just and reasonable causereceives a warning his Xxxxxxx must be present. When In the Company has established absence of the Zone Xxxxxxx, the Chief Xxxxxxx or
8:02 It is agreed that an infraction has been committed by an employee and that disciplinary action is warranted, he/she any warning will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on stricken from the employee’s disciplinary file record after nine (9) months of active employment from its occurrence. Any suspension will be stricken from the employee’s record after fifteen (15) months of active employment from its occurrence.
8:03 Before any employee is discharged or suspended for cause,
8:04 Any permanent employee whom the Company suspends or discharges, or whom it contends has lost their seniority under Article 14, shall be retained at/or returned to active work until any grievance contesting such suspension, discharge or break in service question is finally resolved through the grievance and arbitration procedure.
8:05 However, the employee may be removed from active work (without pay) until the resolution of the grievance protesting the suspension or discharge, if the alleged cause for suspension,
(a) Grievances involving employees who are retained at work under this provision will be handled in the Expedited Arbitration Procedure unless the Union Staff Representative and the severity Director, Finance and Administration mutually agree otherwise. If the Arbitrator upholds the suspension, discharge or break in service of an employee retained at work, the penalty shall be instituted after receipt of the infraction:arbitration decision.
1. A Verbal Warning - (b) Notwithstanding the above, the parties may mutually agree to use the mediation process to resolve grievance issues.
8:07 The above references to suspensions, discharges and terminations are examples and are not intended to be all inclusive, but indicate how various types of issues will be handled.
8:08 If an employee is not to be retained at work in accordance with the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany above, the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall will be allowed to grieve meet with the discipline Zone Xxxxxxx (and remain Chief Xxxxxxx if on shift) before leaving the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Officepremises.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued8:09 Any grievance involving suspensions, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly discharges or unreasonably by any means other than discharge or suspension, the grievance terminations shall be filed at Step 2 of with the
8:10 It is understood that the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed may bring forward at any step of time any complaint or grievance against the grievance procedureUnion, including arbitrationits Officers, that an employee has been suspended Committeemen or discharged unjustly or unreasonablyStewards, or that such penalty was too severe, and if a satisfactory settlement is not reached then the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the ArbitratorGrievance Procedure may be invoked.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that 8.01 Management shall not take disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on without first warning the employee’s disciplinary file and , unless the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment circumstances justify immediate suspension or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 Three (3) of the grievance procedure within ten five (105) working days.
7.08 (a) Warnings shall be given in writing to the employee and a copy shall be sent by mail to the Union. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In cases where justified penalties and warnings (excluding dis-missals) have been given to an employee, it is understood and agreed that if an employee is not given a justified penalty and/or warning within a continuous period of eighteen (18) months (excluding periods of layoff), his employment record shall be cleared of any deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or returned to active work until any grievance contesting such suspension is finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any step of steps in the grievance procedure, including arbitration, procedure or decided by an arbitrator that an employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Company shall:
1. Put the employee Management shall put him back on his/her his job with no loss of seniority and;
2. Pay to seniority, and they shall pay the employee either the amount he/she he would have earned had she/he been workingworking or by any other arrangement as to compensation, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as which is considered just and equitable by in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall be paid all wages due him on the pay day when such wages would normally be due and payable, unless otherwise mutually agreed between the Company and the Union.
8.05 No employee shall be subject to any disciplinary action by a xxxxxxx or supervisor without having a Union representative present, where such action is to be part of an employee’s record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the Arbitratordismissal of any member of the Bargaining Unit.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that 8.01 Management shall not take disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on without first warning the employee’s disciplinary file and , unless the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment circumstances justify immediate suspension or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of Three(3)of the grievance procedure within ten five (105) working days.
7.08 (a) Warnings shall be given in writing to the employee and a copy shall be sent by mail to the Union. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In cases where justified penalties and warnings (excluding dismissals) have been given to an employee, it is understood and agreed that if an employee is not given a justified penalty and/or warning within a continuous period of twelve (12) months, his employment record shall be cleared of any deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or returned to active work until any grievance contesting such suspension is finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any step of steps in the grievance procedure, including arbitration, procedure or decided by an arbitrator that an employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Company shall:
1. Put the employee Management shall put him back on his/her his job with no loss of seniority and;
2. Pay to seniority, and they shall pay the employee either the amount he/she he would have earned had she/he been workingworking or by any other arrangement as to compensation, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as which is considered just and equitable by in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall be paid all wages due him on the pay day when such wages would normally be due and payable, unless otherwise mutually agreed between the Company and the Union.
8.05 No employee shall be subject to any disciplinary action by a xxxxxxx or supervisor without having a Union representative present, where such action is to be part of an employee's record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the Arbitratordismissal of any member of the Bargaining Unit.
Appears in 1 contract
DISCHARGE AND DISCIPLINARY PROCEDURE. a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When b. In those instances where the Company has established that an infraction has been committed by an employee and that discharges or disciplines a non-probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a fact finding meeting is warrantedheld between the Employee’s Supervisor, he/she the Employee, and his Union Representative. Written notice of the date and time of the fact-finding meeting will be disciplined provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within ten seven (107) working calendar days of the infractiondate of the Company’s written notice of its intent to take disciplinary action or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing will preclude the Company’s right to suspend an Employee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level will not constitute a precedent. The Company representative involved will, within seven (7) calendar days after such meeting, render a decision in writing to the Employee giving his reasons therefore.
7.02 c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to a Special System Board of Adjustment (“Special Board”) within twenty-one (21) calendar days after receipt by serving written notice to the Vice President of Maintenance and Engineering or his designee at the Company’s Administrative Office of its intention to do so.
d. The System Board of Adjustment will be composed of one (1) member designated by the Company favours "Corrective Discipline" as opposed and one (1) member designated by the Union. In the case of a discharge, the Special Board will convene at the city where the discharge took place unless another location is mutually agreed to "Punitive Discipline" so agrees to follow by the procedure of progressive discipline, dependent on the employee’s disciplinary file Company and the severity Union, within twenty-one (21) calendar days of the infraction:
1date the discharge is appealed to the Special Board. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedureBoth Parties will, including the investigation. Should an employee refuse Union representationupon request, heprovide all data/she must sign a waiver with the Union documents and the Companynames of all witnesses to be presented at the Special Board no later than three (3) calendar days prior to the scheduled Special Board hearing. The Union shall receive all copies Parties may, by mutual agreement, conduct the Special Board hearing set forth herein by teleconference or waive the Special Board hearing and proceed directly to arbitration. The Special Board will only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of disciplinary notices given to employees. All discipline shall be administered loss of pay by the Company, and such finding or decision will be final and binding upon the Aircraft Mechanics Fraternal Association, the Company and the individual Employee or Employees to such dispute. If the Special Board deadlocks, the Union may appeal the case to arbitration, within thirty (30) calendar days after the decision of the Special Board is rendered.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 e. In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of Union appeals the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10action to arbitration in accordance with Paragraph 2(d) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severeabove, the Company shall:
1and the Union will attempt to agree on a mutually acceptable impartial arbitrator. Put If the employee back Parties are unable to agree on his/her job with no loss of seniority and;
2. Pay to such arbitrator the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to Parties will select such lesser form arbitrator as is considered just and equitable by the parties or by the Arbitratorprovided in Article 22.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 18.01 The Company Employer retains the right to discipline an employee for just cause and discipline, where necessary, will be issued in a reasonable causetimeframe. When the Company Employer has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten five (105) working days of the infractiondays.
7.02 18.02 The Company Employer favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infractiondiscipline as follows:
1. A Verbal Warning - in the presence of a Union representativeXxxxxxx;
2. A Written Warning - copy to Union;
3. A Suspension - Suspension(s) without pay- copy of notice to Union;
4. Discharge - copy of notice to Union. Union A Union representative shall accompany the employee be present at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she representation they must sign a waiver with the Union and the CompanyEmployer. The Union shall receive all copies of disciplinary notices given to employees. Stages of the progressive discipline policy may be by passed for serious infractions. All discipline shall be administered by the CompanyManagement.
7.03 18.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, an employee shall be allowed to grieve the discipline and may remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has beenbeen maintained) once the grievance is settled in accordance with the settlement or the grievance has been abandoned by the Union. The above does not apply in cases of discharge.
a) There shall be only one employee personnel file per employee. Employees will and the employee shall have access to their personnel review his/her file as follows:at a mutually agreed upon time.
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a the Union representative President or Designate of the Local Union review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains 12.01 A claim by a permanent employee that they have been unjustly suspended or discharged from their employment shall be treated as a grievance if a written statement of such grievance is lodged with the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined Plant Manager within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany after the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given ceases to employees. All discipline shall be administered by work for the Company.
7.03 Except 12.02 The Company will notify the Union in cases writing within two (2) working days after the suspension or discharge of conduct which would support discharge such as dishonesty, falsification a permanent employee and reason therefore involving any member of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee the Local Union. Any disciplinary action by the Company shall be allowed to grieve the discipline and remain on the job until the grievance is resolvedapplied without undue delay. The discipline Four weeks will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months maximum duration from the date of issuance and the decision to take action. If unable to do so, there shall be removed from no loss of pay and no addition to the employee's employment records after the expiry of the said twelve (12) monthsrecord.
7.06 In 12.03 Local management will not take disciplinary action without first warning the event of a claim that employee unless the facts warrant an employee has been disciplined unjustly immediate suspension or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonablydischarge. In the event of a claim that If an employee has been discharged or suspended given a disciplinary layoff and believes that they have been unjustly or unreasonablydealt with, the such employee may file a grievance shall be filed at Step 2 of in accordance with the grievance procedure contained herein. When an employee is called into the office for the purpose of receiving a formal disciplinary reprimand, such employee will be accompanied by the appropriate Union Xxxxxxx. A written record of the action to be taken will be prepared by the supervisor and copies will be given to the individual affected and the Union within ten five (105) working days.
7.08 If it is determined or agreed at any step of 12.04 A decision to discharge a probationary employee shall not be reversed through the grievance or arbitration procedure, including arbitration, that .
12.05 The Employer shall not discipline or discharge an employee has been suspended or discharged unjustly or unreasonablyunless there is just cause.
12.06 Disciplinary letters, or that such penalty was too severedisciplinary notations of any kind will be removed from employee’s records after thirty-six (36) months of active employment from the month of issue. Active employment shall be broken by a leave of absence of more than fourteen (14) continuous days but will not be broken by vacation and/or Union leave. If broken, the Company shall:
1. Put the employee back on his/her job with no loss a thirty-six (36) month period of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable active employment shall be calculated by the parties or by the Arbitratorknitting process.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE. a. In the event an employee is suspended pending investigation and is subsequently found innocent of the charges. He will be paid for such lost time from work.
7.01 The b. In those instances where the Company retains discharges or disciplines a non-probationary employee to the extent of loss of pay, such disciplinary action will not be imposed until a fact-finding meeting is held between the employee's supervisor, the employee, and his xxxxxxx. Such meeting will be held within three (3) work days of the date of the Company's written notice of its intent to take disciplinary action. An Employee who has completed his probationary period will not be disciplined to the extent of loss of pay or discharge without first having the benefit of a fact finding with the right to discipline an employee for just and reasonable causehave Union representative present. When The Employee will be advised of the nature of the charge(s) no later than fourteen (14) calendar days from the time the Company has established full knowledge of the incidents(s) upon which the charge(s) is based. It is understood that an infraction internal Company investigation may be necessary before the Company has been committed by full knowledge of an employee and that disciplinary action is warranted, he/she incident. The factfinding will be disciplined held within ten fourteen (1014) working calendar days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance written notice of the nature of the charge(s) unless the factfinding date is otherwise by mutual agreement between the Company and the Union. However, nothing shall preclude the Company's right to suspend an employee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level shall not constitute a precedent. The Company representative involved will, within five (5) calendar days after such meeting, render a decision in writing to the employee giving his reasons therefore.
c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment within fourteen (14) days after receipt by serving written notice to the vice President of Maintenance and Engineering or his designee at the Company's Administrative Office of its intention to do so.
d. The System Board of Adjustment shall be removed from composed of one member designated by the employee's employment records Company and one member designated by the Union. In the case of a discharge, the Board of Adjustment shall convene at the city where the discharge took place, unless another location is mutually agreed to by the Company and the Union, within twenty-one (21) days of the date the discharge is appealed to the System Board of Adjustment. The System Board shall only be empowered to make a finding or decision with respect to any employee covered by this Agreement who is terminated or disciplined to the extent of loss of pay by the Company, and such finding or decision shall be final and binding upon the Teamsters - Airline Division, the Company and the individual employee or employees to such dispute. If the Board deadlocks, the case may be appealed to arbitration, within thirty (30) days after the expiry decision of the said twelve (12) monthsSystem Board is rendered.
7.06 e. In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspensionthe Union appeals the disciplinary action to arbitration in accordance with Section 2(d), the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severeabove, the Company shall:
1and the Union shall attempt to agree on a mutually acceptable impartial arbitrator. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by If the parties or by are unable to agree on such arbitrator the Arbitratorparties shall select such arbitrator as provided in Article 22.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE. a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When b. In those instances where the Company has established that an infraction has been committed by an employee and that discharges or disciplines a non- probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a factfinding meeting is warrantedheld between the Employee’s Supervisor, he/she the Employee, and his Union Representative. Written notice of the date and time of the fact-finding meeting will be disciplined provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within ten seven (107) working calendar days of the infractiondate of the Company’s written notice of its intent to take disciplinary action or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing shall preclude the Company’s right to suspend an Employee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level shall not constitute a precedent. The Company representative involved will, within seven (7) calendar days after such meeting, render a decision in writing to the Employee giving his reasons therefore.
7.02 c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment within twenty-one (21) days after receipt by serving written notice to the Vice President of Maintenance and Engineering or his designee at the Company’s Administrative Office of its intention to do so.
d. The System Board of Adjustment shall be composed of one member designated by the Company favours "Corrective Discipline" as opposed and one member designated by the Union. In the case of a discharge, the Board of Adjustment shall convene at the city where the discharge took place unless another location is mutually agreed to "Punitive Discipline" so agrees to follow by the procedure of progressive discipline, dependent on the employee’s disciplinary file Company and the severity Union, within twenty-one (21) days of the infraction:
1. A Verbal Warning - in date the presence discharge is appealed to the System Board of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the CompanyAdjustment. The Union System Board shall receive all copies only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of disciplinary notices given to employees. All discipline shall be administered loss of pay by the Company, and such finding or decision shall be final and binding upon the Aircraft Mechanics Fraternal Association, the Company and the individual Employee or Employees to such dispute. If the Board deadlocks, the Union may appeal the case to arbitration, within thirty (30) days after the decision of the System Board is rendered.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 e. In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of Union appeals the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10action to arbitration in accordance with Section 2(d) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severeabove, the Company shall:
1and the Union shall attempt to agree on a mutually acceptable impartial arbitrator. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by If the parties or by are unable to agree on such arbitrator the Arbitratorparties shall select such arbitrator as provided in Article 22.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 6.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established parties agree that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent depending on the employee’s disciplinary file and the severity of the infraction:
1occurrence the normal process of corrective action begins with informal discussions of coaching and redirection. A Verbal Warning - in This process does not require formal documentation or the presence of a Union representative;
2Xxxxxxx. A Written Warning - copy to Union;
3When this redirection fails, the formal disciplinary process begins. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany Based on the employee at any step severity of the occurrence, the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Companyprocess generally is progressive in nature. The Union shall receive all copies of normal progression in disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance action is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b1) The Company reserves the right to keep a copy of the personnel file at Head Office.Formal Written Warning
c2) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.One-Day Suspension
7.05 Six (63) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12Three-Day Suspension
4) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. Discharge In the event of a claim that an employee has been discharged or suspended disciplined unjustly or unreasonably, the grievance shall be filed at Step 2 filed, as per the Grievance Procedure contained in the Agreement, within five (5) working days of the grievance procedure within ten (10) working daysissuance of the discipline.
7.08 6.02 Warnings shall be given in writing. A Union representative will be made available unless the employee waives the right in writing. The Company and the Union agree that discipline shall not be imposed unreasonably or unjustly. Warnings or suspensions shall be considered terminated after a one (1) year period from date of warning or suspension.
6.03 In the case of an employee or employees being discharged or disciplined in writing, the Company will notify the Unit Chairperson or Chief Xxxxxxx of the action within twenty- four (24) hours of administration of discipline by providing the aforementioned person with a copy of such discharge notice or written discipline. A copy will be sent to the Staff Representative of the International Union by the Unit Chairperson.
6.04 If it is determined or agreed at any step of in the grievance procedure, including arbitrationGrievance Procedure contained in this Agreement or decided by an Arbitrator, that an any employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Management of the Company shall:
1. Put shall put the employee back on his/her their job with no loss of seniority and;
2. Pay to and shall pay the employee either less the amount he/she would have earned had she/he been workingthe employee did receive from any other source, less or by any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty other arrangement as to such lesser form as compensation which is considered just and equitable in the opinion of the parties or in the opinion of the Arbitrator, if the matter is referred to an Arbitrator.
6.05 Any time limits as specified in this article may be mutually extended by the parties or by the Arbitratorin writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.ten
7.02 The Company company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infractiondiscipline as follows:
1. A Verbal verbal Warning - in the presence of a Union representativeXxxxxxx;
2. A Written Warning - copy to Union;
3. A Suspension without pay - copy of notice to Union;
4. Discharge - copy of notice to Union. Union A Union representative shall accompany the employee be present at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she representation they must sign a waiver waver with the Union and the CompanyEmployer. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Companyan SDM/Line PL.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has beenbeen maintained) once the grievance is settled in accordance with the settlement or the grievance has been abandoned by the Union. The above does not apply in cases of discharge.
a) 7.04 There shall will be only one employee personnel file per employeefile. Employees will have access be able to receive a copy of their personnel file as follows:
bor to review the file within seventy two (72) The Company reserves hours of making the right request, via email to keep the local president. Employees will be required to sign a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on release from indicating their behalf after written permission has been grantedpermission.
7.05 Six (6) months after a first written reprimand has been issued, as per article 7.02, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;.
3. Rescind the penalty; , or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 A discharged seniority Employee or the Chief Xxxxxxx may present a grievance in writing to the Manufacturing Manager or his designated repre- sentative at Step No. 3 of the grievance procedure. The Company retains Union will not question the dismissal of any probationary Employee nor shall the dismissal be the subject of a grievance unless the Employee alleges that he has been discriminated against in such dis- charge by reason of Union activity, and the Board of Arbitration shall not reverse his discharge on any other grounds. When an Employee has been dismissed without notice he shall have the right to discipline an employee interview his Xxxxxxx for a reasonable period of time before leav- ing the plant premises provided that in cases where it is necessary to immediately expel a discharged Employee from the plant, the Xxxxxxx shall be advised. Such special grievance may be settled by confirming the Management’s action in dismissing the Employee with or without compensation for time lost or by any other decision which is considered just and reasonable cause. When equitable in the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days opinion of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed conferring parties. Written notice of disciplinary action, to "Punitive Discipline" so agrees to follow the procedure include a copy of progressive disciplineattendance records in cases of dis- cipline for absence, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - shall be given in the presence of a Union representative;
2. A Written Warning - Xxxxxxx where possible, with a copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to the Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should The parties agree that past written discipli- nary actions issued to an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall Employee that have exceed- ed months will not be administered by the Company.
7.03 Except taken into consideration in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employeeadministering discipline. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep be advised that a copy discipli- nary matter is being investigated and dealt with with- in five days of the personnel file day that the precipitating incident came to the attention of the Company An Employee whom the Company sus- pends or discharges for an alleged absentee or xxxxx- xxxx violation, or an Employee whom the Company alleges has quit, shall be retained at, or returned to active work until any grievance contesting such sus- pension or discharge is finally resolved through the grievance and arbitration procedure. Grievances involving Employees who are retained at Head Office.
cwork under this provision, will be handled in the Expedited Arbitration Procedure, (Section of the Ontario Labour Relations Act) An employee may opt to have a unless the Company and the Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issuedmutually agree otherwise. If the Arbitrator upholds the suspension or discharge of an Employee retained at work, the reprimand so given shall not be considered in any subsequent disciplinary action and penalty shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action instituted after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry receipt of the said twelve (12) monthsarbitration decision.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE. a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When b. In those instances where the Company has established that an infraction has been committed by an employee and that discharges or disciplines a non- probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a factfinding meeting is warrantedheld between the Employee's Supervisor, he/she the Employee, and his Union Representative. xxxxxxx. Written notice of the date and time of the fact-finding meeting will be disciplined provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within ten three (103) working seven (7) calendar work days of the infractiondate of the Company's written notice of its intent to take disciplinary action or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing shall preclude the Company's right to suspend an Employee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level shall not constitute a precedent. The Company representative involved will, within five (5) seven (7) calendar days after such meeting, render a decision in writing to the Employee giving his reasons therefore.
7.02 c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment within fourteen (14) twenty-one (21) days after receipt by serving written notice to the Vice President of Maintenance and Engineering or his designee at the Company's Administrative Office of its intention to do so.
d. The System Board of Adjustment shall be composed of one member designated by the Company favours "Corrective Discipline" as opposed and one member designated by the Union. In the case of a discharge, the Board of Adjustment shall convene at the city where the discharge took place unless another location is mutually agreed to "Punitive Discipline" so agrees to follow by the procedure of progressive discipline, dependent on the employee’s disciplinary file Company and the severity Union, within twenty-one (21) days of the infraction:
1. A Verbal Warning - in date the presence discharge is appealed to the System Board of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the CompanyAdjustment. The Union System Board shall receive all copies only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of disciplinary notices given to employees. All discipline shall be administered loss of pay by the Company, and such finding or decision shall be final and binding upon the Aircraft Mechanics Fraternal Association IBT - Airline Division, the Company and the individual Employee or Employees to such dispute. If the Board deadlocks, the Union may appeal the case to arbitration, within thirty (30) days after the decision of the System Board is rendered.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 e. In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of Union appeals the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10action to arbitration in accordance with Section 2(d) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severeabove, the Company shall:
1and the Union shall attempt to agree on a mutually acceptable impartial arbitrator. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by If the parties or by are unable to agree on such arbitrator the Arbitratorparties shall select such arbitrator as provided in Article 22.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 A suspended or discharged seniority Employee or the Chief Xxxxxxx may present a griev- ance in writing to the Plant Manager or his designat- ed representative at Step No. of the grievance procedure. The Company retains Union will not question the dismissal of any probationary Employee nor shall the dismissal be the subject of a grievance unless the Employee alleges that he has been discriminated against in such discharge by reason of Union activity, and the Board of Arbitration shall not reverse his discharge on any other grounds. When an Employee has been suspended or dismissed without notice he shall have the right to discipline an employee interview his Xxxxxxx for a reasonable period of time before leaving the Company premises provided that in cases where it is necessary to immediately expel a discharged Employee from the Company, the Xxxxxxx shall be advised. Such special grievance may be settled by confirming the Management’s action in dismissing the Employee with or without compensation for time lost or by any other decision which is considered just and reasonable cause. When equitable in the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days opinion of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed conferring parties. Written notice of disciplinary action, to "Punitive Discipline" so agrees to follow the procedure include a copy of progressive disciplineattendance records in cases of dis- cipline for absence, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - shall be given in the presence of a Union representative;
2. A Written Warning - Xxxxxxx where possible, with a copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to the Union. A Union representative shall accompany the employee at any step The parties agree that past written discipli- nary actions issued to an Employee that have exceed- ed months will not be taken into consideration in administering discipline. Employees will be advised that a discipli- nary matter is being investigated and dealt with within five (5) working days of the disciplinary procedure, including day that the investigation. Should an employee refuse Union representation, he/she must sign a waiver with precipitating incident came to the Union and attention of the Company. The Union shall receive all copies of An employee’s disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline record will be considered “frozen” during periods of layoff due to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Officework.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction. Should an employee absent themselves during the 10 day timeframe to issue discipline, the timeline will be extended by the number of days the employee is absent.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure procedure· of progressive discipline, dependent on the employee’s 's disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representativerepresentative ;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has beenbeen maintained) once the grievance is settled in accordance with the settlement or the grievance has been abandoned by the Union. The above does not apply in cases of discharge.
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:: • Employees working at the Halifax or the St-John's airport will have access to their personnel file within seventy-two (72) hours of their written request; • Employees working at the other airports covered by this agreement will have access to their personnel file at a mutually agreed upon time.
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (101 0) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly u njustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been workingworki ng, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that 8.01 Management shall not take disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on without first warning the employee’s disciplinary file and , unless the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment circumstances justify immediate suspension or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 Three (3) of the grievance procedure within ten five (105) working days.
7.08 (a) Warnings shall be given in writing to the employee and a copy shall be sent by mail to the Union. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In cases where justified penalties and warnings (excluding dismissals) have been given to an employee, it is understood and agreed that if an employee is not given a justified penalty and/or warning within a continuous period of nine (9) months, his employment record shall be cleared of any deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or returned to active work until any grievance contesting such suspension is finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any step of steps in the grievance procedure, including arbitration, procedure or decided by an arbitrator that an employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Company shall:
1. Put the employee Management shall put him back on his/her his job with no loss of seniority and;
2. Pay to seniority, and they shall pay the employee either the amount he/she he would have earned had she/he been workingworking or by any other arrangement as to compensation, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as which is considered just and equitable by in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall be paid all wages due him on the pay day when such wages would normally be due and payable, unless otherwise mutually agreed between the Company and the Union.
8.05 No employee shall be subject to any disciplinary action by a foreman or supervisor without having a Union representative present, xxxxe such action is to be part of an employee's record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the Arbitratordismissal of any member of the Bargaining Unit.
Appears in 1 contract
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that 8.01 Management shall not take disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on without first warning the employee’s disciplinary file and , unless the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment circumstances justify immediate suspension or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 Three (3) of the grievance procedure within ten five (105) working days.
7.08 (a) Warnings shall be given in writing to the employee and a copy shall be sent by mail to the Union. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In cases where justified penalties and warnings (excluding dismissals) have been given to an employee, it is understood and agreed that if an employee is not given a justified penalty and/or warning within a continuous period of twelve (12) months, his employment record shall be cleared of any deficiencies, and shall not be used against the employee thereafter.
(b) An employee who the Company intends to suspend shall be retained at or returned to active work until any grievance contesting such suspension is finally resolved through the grievance procedure.
8.03 If it is determined or agreed at any step of steps in the grievance procedure, including arbitration, procedure or decided by an arbitrator that an employee has been suspended disciplined or discharged unjustly or unreasonably, or that such penalty was too severeunjustly, the Company shall:
1. Put the employee Management shall put him back on his/her his job with no loss of seniority and;
2. Pay to seniority, and they shall pay the employee either the amount he/she he would have earned had she/he been workingworking or by any other arrangement as to compensation, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as which is considered just and equitable by in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such an arbitrator.
8.04 Any employee who is discharged, laid off or leaves of his own accord shall be paid all wages due him on the pay day when such wages would normally be due and payable, unless otherwise mutually agreed between the Company and the Union.
8.05 No employee shall be subject to any disciplinary action by a fxxxxxx or supervisor without having a Union representative present, where such action is to be part of an employee’s record.
8.06 The Union shall be immediately notified, in writing, as to reasons for the Arbitratordismissal of any member of the Bargaining Unit.
Appears in 1 contract
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline 8:01 When an employee receives a warning, his Xxxxxxx must be present. In the absence of the Zone Xxxxxxx, the Chief Xxxxxxx or finally, an Officer of the Union must be present.
8:02 It is agreed that all verbal warnings will be stricken from an employee's record after three (3) months from its occurrence; written warnings will be stricken from an employee's record six (6) months from its occurrence, and suspensions removed from an employee's record nine (9) months from its occurrence.
8:03 Before any employee is discharged or suspended for just cause, the Chief Xxxxxxx shall be notified immediately and reasonable cause. When where possible, be present at such meeting.
8:04 Any employee whom the Company suspends or discharges, or whom it contends has established that an infraction has been committed by lost their seniority under Article 14, shall be retained at/or returned to active work until any grievance contesting such suspension, discharge or break in service question is finally resolved through the grievance and arbitration procedure.
8:05 However, the employee may be removed from active work (without pay) until the resolution of the grievance protesting the suspension or discharge, if the alleged cause for suspension, discharge
8:06 Grievances involving employees who are retained at work under this provision will be handled in the Expedited Arbitration Procedure unless the Union Staff Representative and the Vice President, Human Resources mutually agree otherwise. If the Arbitrator upholds the suspension, discharge or break in service of an employee retained at work, the penalty shall be instituted after receipt of the arbitration decision.
8:07 The above references to suspensions, discharges and that disciplinary action is warrantedterminations are examples and are not intended to be all inclusive, he/she but indicate how various types of issues will be disciplined handled.
8:08 If an employee is not to be retained at work in accordance with the above, the employee will be allowed to meet with the Zone Xxxxxxx (and Chief Xxxxxxx if on shift) before leaving the premises.
8:09 Any grievance involving suspensions, discharges or terminations shall be filed with the Vice President, Human Resources at Step Three of the Grievance Procedure within ten three (103) working days of the infractionaction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance 8:10 It is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim understood that an employee has been disciplined unjustly or unreasonably by any means other than discharge or suspension, the grievance shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.may bring forward at any
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline 16.01 A claim by an employee for just and reasonable cause. When the Company Employee, who has established completed his probationary period, that an infraction he has been committed by an employee and that disciplinary action discharged or suspended without just cause, shall be treated as a grievance if a written statement of such grievance is warranted, he/she will be disciplined filed at Step No. 2 of the Grievance Procedure within ten (10) calendar days after the Employee ceases working days for the Employer or has been suspended. Such special grievance may be settled by:
(a) A Sole Arbitrator confirming the Employer's action in dismissing or suspending the Employee; or
(b) A Sole Arbitrator reinstating the Employee with full or partial compensation for time lost; or
(c) Any other arrangement, which is just and equitable in the opinion of the infractionconferring Parties, or the Sole Arbitrator.
7.02 The Company favours "Corrective Discipline" as opposed (a) It is agreed that whenever an Employee is summoned to "Punitive Discipline" so agrees to follow the procedure have a meeting with a member of progressive Management for any discussions that may result in a form of discipline, dependent on the employee’s disciplinary file and the severity Employee shall be informed of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step nature of the disciplinary procedurediscussion, including the investigationand shall be informed of his absolute right to have a Xxxxxxx of their choice present at such meeting. Should an employee refuse Union representationthe Xxxxxxx selected to attend such meeting not be available, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline meeting will be considered rescheduled to be imposed at a time that the Xxxxxxx is available. Rescheduling the meeting will not constitute a breach of the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employeelimits set out in Article 16.02(d). Employees will have access to their personnel file as follows:
b) The Company Management reserves the right to keep a copy of the personnel file at Head Officeinsist that an Association Executive member attend.
c(b) An employee may opt In the event an Employee has not been given the opportunity to have a Union representative review his/her file on their behalf after written permission has been grantedXxxxxxx present at a meeting with a member of Management for any discussions that may result in a form of discipline, the resulting disciplinary action shall be considered null and void.
7.05 Six (6c) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of an Employee has waived his right to have a claim that an Xxxxxxx present at a meeting as outlined above, such employee has been disciplined unjustly must provide his authorized signature waiving said right.
(d) Verbal or unreasonably by any means other than discharge or suspension, the grievance written corrective counselling shall be filed at Step 2 of the grievance procedure.
7.07 The Company shall not impose disciplinary penalties unjustly or unreasonably. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at Step 2 of the grievance procedure within ten (10) working days.
7.08 If it is determined or agreed at any step of the grievance procedure, including arbitration, that an employee has been suspended or discharged unjustly or unreasonably, or that such penalty was too severe, the Company shall:
1. Put the employee back on his/her job with no loss of seniority and;
2. Pay delivered to the employee either the amount he/she would have earned had she/he been working, less any outside earnings;
3. Rescind the penalty; or
4. Reduce the penalty to such lesser form as is considered just and equitable by the parties or by the Arbitrator.Employee no later than fourteen
Appears in 1 contract
Samples: Collective Agreement