DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxx. In the event of a claim that an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either: 1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or 2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date. 7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board. 7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident. 7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their record. The record of any disciplinary action shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8. 7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning 8.01 A claim by an employee that the employee has been unjustly discharged or suspended will be treated as a grievance if a written statement of such grievance is lodged with the Coordinator, Continuing Education within seven (7) working days after the occurrence of the matter which is the subject of the grievance.
8.02 Such grievance may be settled under the grievance procedure, including
8.03 If the Board censures an employee in such a manner as to indicate that a repetition of any offence or failure to perform may lead to the employee's discharge, it shall prepare a written memorandum thereof and give a copy thereof to the employee and to the Recording Secretary of the Local Union.
8.04 At the written request of an employee the Board shall, within five (5) days, allow the employee to inspect the employee's personnel file with prior arrangement made with the Coordinator, Continuing Education. Such inspection may be made up to twice a year and shall be in the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a Shop Xxxxxxxpart of such file provided such response is made within five (5) days from the date when the employee inspected the file. In The employee's personnel file shall be defined herein as such file containing the event employee's official work record including all references to performance, evaluation, and discipline. If so requested an employee shall be provided with any document contained within.
8.05 Where the Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a claim that copy of such report, file a reply thereto with the Board within ten (10) days from such receipt and such reply shall become a part of the employee's file. Where an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within a clear record for three (3) working days. Warnings shall be given in writing and in years following a threat of discharge, for one (1) year following a suspension or a written or oral warning, the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall employee's prior record will not be imposed unreasonably or unjustlyused against the employee in any subsequent discipline, the corresponding documents will be removed from the file. However, if the incident has a direct impact on the employee's relationship with students, the Board may retain the record for five (5) years.
8.06 In the event that the circumstances justify immediate suspension Board intends to suspend an employee for more than part of a day or to discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premisesemployee’s immediate supervisor, unless it is necessary, because or designate of the nature of the employee's conduct, Board shall inform such employee that a xxxxxxx may be present. Failure to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) so inform the employee of its decision as to disciplinary action within three (3) working days shall not affect the validity of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later datesuspension or discharge.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their record. The record of any disciplinary action shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxx. In the event of a claim that an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's ’s premises, unless it is necessary, because of the nature of the employee's ’s conduct, to require the employee's ’s immediate expulsion from the Company's ’s premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their record. The record of any disciplinary action shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's ’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 19.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxx, if one is available, unless the circumstances justify immediate suspension or discharge. In the event of a claim by an employee, that an employee he/she has been suspended or discharged unreasonablyunreasonably or unjustly, the grievance shall be filed at Step Two (2) Three of the Grievance Procedure within three five (35) working days. Warnings All warnings shall be given confirmed in writing and in the presence of and witnessed by a Shop XxxxxxxXxxxxxx or a designated alternate in the event that a Shop Xxxxxxx is not available. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 19.02 If it is determined or agreed at any step Step of the Grievance Procedure or decided by a Board of in Arbitration that any an employee has been disciplined or discharged unjustly, the Company shall put them him back on their his job with no loss of seniority and shall pay the employee the amount they he would have earned had they he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable reasonable in the opinion of the parties parties, or in the opinion of the a Board of Arbitration or sole Arbitrator if the matter is referred to such BoardArbitration.
7.03 Time periods 19.03 a) In event the disciplinary action being administered is given in Articles 7 and 8 will writing, the Shop Xxxxxxx in attendance may be adjusted if necessary for any persons who are not readily available due requested to having to travel for witness said disciplinary action by signing the Company in the performance of their dutieswritten warning, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal reprimand or written warning affecting the employee. Any reply by the employee shall become part of their recordadverse report being issued. The record of any disciplinary action shall Shop Xxxxxxx'x signature will not be referred to construed as his/her approval, agreement or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules action is justified or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Companycondoned under any circumstances.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxx. In the event of a claim that an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their record. The record of any disciplinary action shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company A claim by an employee that the employee has been unjustly discharged or suspended for more than part of a day will be treated as a grievance if a written statement of such grievance is lodged at Stage Three within five (5) days of the discharge or suspension. Such written statement shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not take any disciplinary action without first warning prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. At the written request of an employee the Board shall, within days, allow employee to inspect the employee's Human Resources file with prior arrangement made with the Superintendent of Education, Resources or designate. Such inspection may be made up to twice a year and shall he in the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a Shop Xxxxxxxpart of such file provided such response is made within five (5) days from the date when the employee inspected the file. In The employee's Human Resources file shall be defined herein as such file containing the event of a claim employee's official work record including all references to evaluation, and discipline. Employees shall be responsible to insure that such official file reflects their up-to-date qualifications and awards. Where an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within three a clear record for (3) working days. Warnings years following a threat of discharge, for one year following a suspension or a written or oral warning, the employee's prior record shall be given destroyed and not be used against the employee in writing and in subsequent discipline. Where the presence Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a Shop Xxxxxxx. The Company copy of such report, file a reply thereto with the Board within ten (10) days from such receipt and such reply shall a part of the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustlyemployee's file. In the event the circumstances justify immediate suspension Board intends to give an employee a written reprimand, suspend the employee for more than part of a day or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion designate of the Board shall inform such employee prior to the occurrence of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee therefor and the Union with that a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their recordxxxxxxx may be present. The record absence of any disciplinary action a xxxxxxx shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to affect the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations validity of the Company's Rules reprimand, suspension or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Companydischarge.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 19.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxx, if one is available, unless the circumstances justify immediate suspension or discharge. In the event of a claim by an emp loyee, that an employee he/she has been suspended or discharged unreasonablyunreasonab ly or unjustly, the grievance shall be filed at Step Two (2) Three of the Grievance Procedure P rocedure within three (3five ( 5) working days. Warnings All warnings shall be given confirmed in writing and in the presence of and witnessed by a Shop XxxxxxxXxxxxxx or a designated alternate in the event that a Shop Xxxxxxx is not available. The Company and the Union agree that disciplinary discip linary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later dateunj ustly.
7.02 19.02 If it is determined or agreed at any step Step of the Grievance Procedure P rocedure or decided by a Board of in Arbitration that any an employee has been disciplined or discharged unjustly, the Company shall put them him back on their his job with no loss of seniority and shall pay the employee the amount they he would have earned had they he been working, or by orby any other arrangement as to compensation, including reinstatement without pay, which is just and equitable reasonable in the opinion of the parties parties, or in the opinion of the a Board of Arbitration or sole A rbitrator if the matter is referred to such BoardA rbitration.
7.03 Time periods 19.03 a) In event the disciplinary action being administered is given in Articles 7 and 8 will writing, the Shop Xxxxxxx in attendance may be adjusted if necessary for any persons who are not readily available due req uested to having to travel for witness said disciplinary action by signing the Company in the performance of their dutieswritten warning, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal reprimand or written warning affecting the employee. Any reply by the employee shall become part of their recordadverse report being issued. The record of any disciplinary action shall Shop Xxxxxxx'x signature will not be referred to construed as his/ her app roval, agreement or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules action is justified or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Companycondoned under any circumstances.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company A claim by an employee that the employee has been unjustly discharged or suspended for more than part of a day will be treated as a grievance if a written statement of such grievance is lodged at Stage Three within five days of the discharge or suspension. Such written statement shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not take any disciplinary action without first warning prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. At the written request of an employee the Board shall, within days, allow the employee to inspect the employee's personnel file with prior arrangement made with the Superintendent of Education, Personnel or designate. Such inspection may be made up to twice a year and shall be in the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a Shop Xxxxxxxpart of such file provided such response is made within five days from the date when the employee inspected the file. In The personnel file shall be defined herein as such file containing the event of a claim that official work record including all references to performance, evaluation, and discipline. Where an employee has been suspended a clear record for three years following a threat of discharge, for one year following a suspension or discharged unreasonablya written or oral warning, the grievance employee's prior record shall be filed at Step Two destroyed and not be used against the employee in any subsequent discipline. Where the Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a copy of such report, file a reply thereto with the Board within ten (210) days from such receipt and such reply shall become a part of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustlyemployee's file. In the event the circumstances justify immediate suspension Board intends to give an employee a written reprimand, suspend the employee for more than part of a day or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 If it is determined supervisor or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion designate of the Board shall inform such employee prior to the occurrence of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee therefor and the Union with that a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their recordxxxxxxx may be present. The record absence of any disciplinary action a xxxxxxx shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to affect the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations validity of the Company's Rules reprimand, suspension or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Companydischarge.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning the employee in the presence of a Shop Xxxxxxxshop xxxxxxx, unless the circum- stances justify immediate suspension or discharge. In the event of a claim that an employee has been discharged or suspended unjustly or discharged unreasonably, the grievance shall be filed at Step Two (2) step two of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a Shop Xxxxxxx. The shop xxxxxxx, the Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. In the event the circumstances justify immediate suspension or discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premises, unless it is necessary, because of the nature of the employee's conduct, to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) inform the employee of its decision as to disciplinary action within three (3) working days of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later date.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined disci- plined or discharged unjustly, the Company shall put them him back on their his job with no loss of seniority and shall pay the employee the amount they he would have earned had they he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board.
7.03 Time periods . In Service and Truck the time limits in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, xxxxxxx or his but in no event to exceed ten (10) working days from day6 the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their his record. The record of any disciplinary action shall not be referred to or used against them him at any time after twelve twenty-four (1224) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's ’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINARY PROCEDURES. 7.01 The Company shall not take any disciplinary action without first warning 8.01 A claim by an employee that the employee has been unjustly discharged or suspended will be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Education, Personnel within five days after the occurrence of the matter which is the subject of the grievance.
8.02 Such grievance may be settled under the grievance procedure, including arbitration, provided by this Agreement, commencing with Stage Two.
8.03 If the Board censures an employee in such a manner as to indicate that a repetition of any offence or failure to perform may lead to the employee’s discharge, it shall prepare a written memorandum thereof and give a copy thereof to the employee and to the Recording Secretary of the Local Union
8.04 At the written request of an employee, the Board shall, within 5 days, allow the employee to inspect the employee’s personnel tile with prior arrangement made with the Superintendent of Education, Personnel or designate. Such inspection may he made up to twice a year and shall be in the presence of such Superintendent or designate. The employee’s response to anything contained in such file shall become a Shop Xxxxxxxpart of such file provided such response is made within five (5) days from the date when the employee inspected the tile. In The employee’s personnel file shall be defined herein as such file containing the event employee’s official work record including all references to performance, evaluation, and discipline.
8.05 Where the Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a claim that copy of such report, file a reply thereto with the Board within ten (10) days from such receipt and such reply shall become a part of the employee’s file. Where an employee has been suspended or discharged unreasonably, the grievance shall be filed at Step Two (2) of the Grievance Procedure within a clear record for three (3) working days. Warnings shall be given in writing and in years following a threat of discharge, for one (1) year following a suspension or a written or oral warning, the presence of a Shop Xxxxxxx. The Company and the Union agree that disciplinary penalties shall employee’s prior record will not be imposed unreasonably or unjustlyused against the employee in any subsequent discipline. the corresponding documents will be removed from the tile. However, if the incident has a direct impact on the employee’s relationship with students, the Board may retain the record for five (5) years.
8.06 In the event that the circumstances justify immediate suspension Board intends to suspend an employee for more than part of a day or to discharge of the employee, they shall be given a reasonable opportunity to consult with their Shop Xxxxxxx before leaving the Company's premisesemployee’s immediate supervisor, unless it is necessary, because or designate of the nature of the employee's conduct, Board shall inform such employee that a xxxxxxx may be present. Failure to require the employee's immediate expulsion from the Company's premises. In all cases of disciplinary action, the Company will either:
1) so inform the employee of its decision as to disciplinary action within three (3) working days shall not affect the validity of the date the Company learns of the cause for disciplinary action; or
2) where a decision as to disciplinary action is not made during such three (3) working day period, offer to meet with the employee and a Union Representative within the three (3) working day period to inform the employee of the potential for disciplinary action which may be imposed at a later datesuspension or discharge.
7.02 If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disciplined or discharged unjustly, the Company shall put them back on their job with no loss of seniority and shall pay the employee the amount they would have earned had they been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter is referred to such Board.
7.03 Time periods in Articles 7 and 8 will be adjusted if necessary for any persons who are not readily available due to having to travel for the Company in the performance of their duties, but in no event to exceed ten (10) working days from the date of the incident.
7.04 The Company shall provide the employee and the Union with a copy of any verbal or written warning affecting the employee. Any reply by the employee shall become part of their record. The record of any disciplinary action shall not be referred to or used against them at any time after twelve (12) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be considered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article 8.
7.05 Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company's Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company.
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Samples: Collective Agreement