DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s decision or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitrator.
(b) The Owner agrees that whenever an interview is held with an employee regarding their work or conduct which becomes part of their record, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by the employee.
(a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven (7) days of the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved.
(c) Disciplinary warnings and/or reprimands which pre-date a disciplinary action by more than one (1) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provision.
DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offence or situation, it is necessary to require the removal of an employee from the premises, then his Committeeperson (or in his/her absence, a member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday, or Statutory Holidays) of such notice of discharge having been mailed to him/her by certified post to his/her last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.2) beginning at Step 2 (Section 4.3). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either:
(1) uphold the discharge or
(2) reinstate the employee, who may be awarded up to his/her full seniority and/or compensation for lost pay. or
(3) substitute some lesser penalty.
5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and Union within one working day. If the employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Office Chairperson or Office Committeeperson, if on shift, in an off...
DISCHARGE AND DISCIPLINE. 8.1 A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations of the City and of the Gainesville Police Department.
8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist.
8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline.
8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D).
8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be in...
DISCHARGE AND DISCIPLINE. The right to discharge or discipline employees shall remain in the sole discretion of the Employer, but no discharge or discipline of seniority employees shall be made without just cause.
DISCHARGE AND DISCIPLINE. Section 1. The purpose of discipline is to correct employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at th...
DISCHARGE AND DISCIPLINE. 9.01 No employee shall be discharged or disciplined except for just cause. Probationary employees may be terminated at the reasonable discretion of the Employer provided that its discretion is not exercised arbitrarily, in a discriminatory manner or in bad faith. This shall constitute a lesser standard than the just cause standard for discharge for such an employee for the purpose of Section 43.1 of the Ontario Labour Relations Act.
9.02 The Employer shall, as soon as possible, inform an employee in writing of the reasons for disciplinary action taken against him/her. An employee shall be entitled to a copy of any criticism, commendation, appraisal or rating of such employee's performance in his/her job that is placed in his/her file, and on an annual basis to read his/her personal file and have corrected any confirmed error of fact therein.
DISCHARGE AND DISCIPLINE. 5.01 No employee shall be discharged or disciplined except for just and sufficient cause. Discharge and discipline grievances may be settled by confirming the Employer’s decision or by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings, if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or a Board of Arbitration if the matter is referred to it. The Employer agrees that whenever an interview is held with an employee regarding his work or conduct which becomes part of his record, the store xxxxxxx shall be present at such interview. The xxxxxxx or Union representative will leave the meeting if requested to leave by the employee.
DISCHARGE AND DISCIPLINE. 5.01 The provisions contained in Article 5 of this Agreement affect all employees covered by this Appendix.
DISCHARGE AND DISCIPLINE. The Employer agrees that, except for probationary Employees and in circumstances as set forth below, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law.
Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline.
1. The Employer agrees to promptly notify the Union in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or discharge.
2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure.
3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure.
4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx.
Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.
DISCHARGE AND DISCIPLINE. Section 1. Disciplinary action shall consist of written reprimand, suspension, and dismissal. A Department Head may suspend, or dismiss an employee for just cause. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the FOP and the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may give a written reprimand to any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt and may attach a written rebuttal. The employee may appeal the reprimand only directly to the Human Resources Director or their designated representative. The employee may present a written rebuttal to the final decision regarding the appeal which shall be attached to and become part of the file pertaining to the appeal. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. An employee may appeal the suspension in accordance with the Grievance Article contained in this contract.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, pursuant to the Grievance and Appeal Procedure Article within ten (10) working days of notice of dismissal.
Section 5. Upon being informed that an employee has been acc...
