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.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No Section 1. In cases of discharge or discipline, a representative of Management shall give prompt notice thereof to the employee and the employee, who has acquired seniority, 's Xxxxxxx or other Union representative. Such notice shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate confirmed in an endeavour to correct inefficiencies writing within three (3) working days following the day 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 suspensionimposition of discipline, shall be in writing excluding Saturdays, Sundays, holidays, and shall contain the reason for the day of occurrence. In cases of letters of warning, reprimand, suspension or discharge. One copy such letters shall be given to the employee affected and a copy thereof to such employee's Xxxxxxx or other Union representative.
Section 2. The affected employee will be allowed to discuss their discharge or discipline with their Xxxxxxx, or other Union representative, and Management will make available an area where the employee may do so if the employee is required to leave the premises.
a. In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than two (2) years previously, provided the employee is not subjected to disciplinary action (excluding letters of warning), during the two (2) year period, nor impose discipline on an employee for falsification of their employment application after a period of two (2) years from their date of hire. In the event an employee completes two (2) years of service without a disciplinary action, letters of warning and/or suspensions over two (2) years old shall be permanently removed from their personnel file upon request to the Human Resources Director.
b. Every employee shall be entitled to and shall receive a copy of any and all notices, reports, complaints, or other information filed by any employee, citizen, supervisor or any other City officer or Department or Division Head in the employee's personnel record which relates to, is, or may be made the basis for disciplinary action up to and including discharge of such employee by the City. The provisions of the Employee Right to Know Act (Act #397 of P.A. 1978) shall apply to City personnel records.
c. Any employee appearing in a hearing before the City Manager pursuant to the City Charter shall be entitled to Union representation upon request. A Union representative acting pursuant to such a request shall be allowed reasonable time therefore during working hours without loss of time or pay. The City Manager or designee will endeavor to render a decision within twenty-one (21) days of the hearing. The City Manager may extend the time to render a decision by providing the Union with written notification of the extension.
a. The following procedure shall be followed when an employee is given written notice from Management that the employee is discharged, demoted, or reduced in rank or compensation, or suspended without pay:
(1) If the employee elects to file a grievance, the employee shall file the grievance in accordance with the provisions of the grievance procedure at Step 2.
Section 5. If Management has the reason to warn or reprimand an employee, it shall be done in a manner that is consistent with good employee relationship principles. Upon request, a copy shall of disciplinary action will 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 theretoGrievance Committee Chairperson.
(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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No A. The Employers agree that they shall not discipline or discharge an employee except for just cause.
B. An employee, who has acquired seniorityupon request, shall be discharged entitled to representation by an FOPLC/Association representative at any hearing 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 involvedin attendance and which is conducted by the Employers where such hearing or meeting may reasonably lead to the disciplinary suspension or discharge of such employee.
(c) Disciplinary warnings and/or reprimands C. An employee who has been discharged may consult with his FOPLC/Association representative before he is required to leave the premises, provided that such consultation is conducted in a manner which pre-date will not interfere with the general public or the Employer's operations.
D. An employee who is given a disciplinary action by warning notice, disciplinary suspension or discharge shall receive such notification in writing. For informational purposes only, the FOPLC/Association shall be given a copy of such suspension or discharge notices.
E. An employee shall be entitled to personnel information in accordance with the Employee Right to Information Statute.
F. If an employee's work record is free of discipline for a period of two (2) years, the Employer will not take into account any prior infractions more than one two (12) year years old when imposing discipline.
G. The FOPLC acknowledges that counseling memoranda may be utilized by the Employer to communicate job deficiencies to employees. Counseling Memoranda shall not be adduced in evidence against an employee in any subsequent construed as disciplinary proceedings in which the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace action and shall not be subject to this provisionthe grievance arbitration procedure set forth in the Collective Bargaining Agreement. Counseling memoranda shall not remain in effect for more than six (6) months from the date it is issued.
H. In the event that an employee is going to be suspended, the employer may offer to have the employee forfeit accrued time off in lieu of serving the unpaid suspension.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No 10.01 The Company agrees to notify the Union Committee promptly in writing of the reason for the suspension or discharge of any employee, . It is agreed that where practicable a person who has acquired seniority, shall been discharged may consult with his area xxxxxxx before leaving the Location. Arrangements for such consultation will be discharged made by the Company. Any suspension 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 discharge may be settled by confirming discussed as a grievance and any grievance concerning discharge may be initiated at Step 3 of clause 11.01 of the Company’s decision or by reinstating grievance procedure.
10.02 In the event that an employee is discharged or suspended and after subsequent investigation is exonerated and reinstated, he shall be reimbursed for time lost by reason of such discharge or suspension on the basis of his regularly scheduled normal number of hours of work per day less earnings received from other employers in respect of the period for which he is to be reimbursed.
10.03 In the event that an employee with full compensation for lost timeis discharged or suspended and is not exonerated by subsequent investigation, less interim earnings if applicable, or by any other arrangement which is just and equitable a lesser penalty may be substituted where in the opinion of an arbitration board, or of a single arbitrator, as the parties case may be, the discharge or an Arbitratorduration of the suspension is considered to be inappropriate except where such penalty is the result of a violation of a Company safety regulation concerning matches, lighters or smoking.
(b) 10.04 The Owner Company 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 to forward to the Union will leave the meeting if requested to leave by the employee.
(a) All disciplinary warnings or reprimands which are Committee a copy of any written reprimand placed in an employee's record and all notices file on or after the effective date of demotion for causethis Agreement, discharge or suspension, except when the employee concerned requests the Company not to do so at the time the reprimand is discussed with him. The Company agrees to remove any written reprimand placed in an employee's file twelve (12) months after the date of reprimand. Suspension(s) shall be in writing and shall contain removed from the reason for employee’s file twelve (12) months after the warning, reprimand, suspension or dischargedate of suspension. 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 See attached Letter 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) Understanding Re: Removal of 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 Letters from Harassment or Violence in the Workplace shall not be subject to this provision.Employees Files
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No Each employee must be provided in writing with all notations of derogatory or disciplinary action, which are to be placed on the employee records. Unless such notation is made in writing to the employee, who has acquired seniority, shall be discharged or disciplined except for just and sufficient cause. The Union agrees the Board will not use such incident as part of the employee’s past record to co-operate in an endeavour to correct inefficiencies of employees which might necessitate justify a later disciplinary action. Discharge Such notice must be given to the employee within ten (10) working days of the discovery of the occurrence-giving rise to the action. In such cases, the President of the Union shall be notified by mail that the employee has been disciplined or discipline grievances may received a derogatory notation. Any written reply made by an employee to a derogatory notation, disciplinary action or performance appraisal shall 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 included in the opinion employee’s personnel file provided such reply is received by the Board within ten (10) working days of the parties or occurrence. The time limits in 12.01 shall be observed hereto, except where an Arbitratorextension of such time limits is mutually agreed upon.
(b) The Owner agrees Notwithstanding 12.01 (a) above, in the event that whenever an interview investigation is held with deemed necessary by the Board, and/or the Police, the CAS or any other outside agency, the Board shall notify the employee in writing that an investigation is being conducted. Such notice shall include the general nature of the investigation and a copy of the letter shall be sent to the President of the Union.
12.02 If an employee regarding their work who has attained seniority is discharged, demoted or conduct which becomes part suspended and the employee feels that the employee has been unjustly discharged, demoted or suspended, then the case may be taken up as a grievance. If such a grievance is undertaken, it shall begin at Step No. 2, provided that such grievance is submitted in writing to the Manager, Employee Relations within five (5) working days of their recordthe discharge, demotion or suspension.
12.03 When an employee is to be disciplined in writing or discharged, 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.shall:
(a) All disciplinary warnings be so advised by the supervisor or reprimands which are placed in an employee's record and all notices a senior member 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.management;
(b) A disciplinary warning be advised of the time and place of the discipline 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.termination meeting;
(c) Disciplinary warnings and/or reprimands which pre-date be accompanied by the President of the Union or designate;
(d) be given the reasons for the discipline or discharge at such meeting.
12.04 An employee may request in writing to the Manager, Employee Relations to have a written warning removed from the employee's personnel record after two years, providing no subsequent written warning or disciplinary action by more than one has been placed on the employee's personnel record in the intervening two (12) year period. The decision of the Manager, Employee Relations shall not be adduced final and binding and communicated in evidence against an employee in any subsequent disciplinary proceedings in which writing to the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provisionemployee.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, Section 1. It is mutually agreed that no employee who has acquired seniority, shall been employed beyond six (6) months will be discharged or disciplined except for without just and sufficient adequate cause, and that such cause shall be subject to the provisions of the grievance procedures of this Agreement.
Section 2. It is also understood that any charge levied by the employer against any employee will be substantiated with a reasonable amount of proof.
Section 3. Except in emergency situations, the employer will notify the Union Business Representative and the Divisional Chairperson in writing, normally within three regular working days, when it discharges an employee. The employer will give the employee the reasons for such discharge. Except when an employee requests confidentiality, the University will also notify the Union agrees to co-operate in an endeavour to correct inefficiencies when it takes other disciplinary action unless such action is taken verbally.
Section 4. Unless such case of employees which might necessitate disciplinary action. Discharge discharge or discipline grievances may be settled by confirming is processed through 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 normal grievance procedure within seven (7) calendar days (excluding holidays) of the incident giving rise theretodate of such discharge or discipline, such action shall be deemed as taken for just cause.
(b) A disciplinary Section 5. It is agreed by and between the Employer and the Union that warning and suspension letters shall be removed from the employee's personnel file twelve months after issuance of the letter, providing there are no additional suspensions or reprimand warnings in that year, in which event the year starts over again.
Section 6. Health insurance coverage will continue for a suspended employee throughout the period of suspension.
Section 7. Whenever an employee is called to an investigatory interview which he/she reasonably believes could lead to discipline, he/she has the right to have a union representative present, if desired. If a union representative is desired but is not in writing shall not immediately available, the University may delay the interview until the first available representative can be adduced in evidence against present, or may proceed without interviewing the employee, or may offer the employee the choice of having the interview proceed without a representative present.
Section 8. The University agrees to discipline or discharge an employee in any subsequent disciplinary proceedings in within a reasonable period of time following the event which gave rise to the employee is involveddiscipline or discharge or when the University reasonably should have known of the event which gave rise to the discipline or discharge.
(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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, employee who has acquired seniority, 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 his work or conduct which becomes part of their his record, the store a Union Representative or a shop 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 given to the Union Office as soon as possible, but no more than within 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 dealing with violence/harassment shall not be subject to this provisionclause.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE. No employee covered by this agreement shall be disciplined in any manner, demoted, suspended or discharged, except for just cause. When an employee is notified of an interview that may result in formal disciplinary action being taken by the Company, the employee will be notified of the right to representation. Additionally, where circumstances permit, the Union will be given advance notice. An employee may only be disciplined in the presence of the employee’s Union representative, except when the representative is not on the Company premises.
(a) No The Company shall notify the Union and the employee promptly in writing upon the suspension, disciplinary lay-off or discharge of an employee, who has acquired seniority, . Such notice shall be discharged or disciplined except for just and sufficient causeprovided at a reasonable time prior to the end of the shift including rights to representation prior to leaving the premises unless the circumstances are of such a nature as to make the provision of such notice impracticable and/or disruptive to harmonious labour-management relations. The Union agrees to co-operate in an endeavour to correct inefficiencies question of employees which might necessitate disciplinary action. Discharge whether or discipline grievances not the circumstances were of such a nature as described above may be settled by confirming made the Company’s decision or by reinstating the discharged or suspended employee with full compensation subject of a grievance and appealed to arbitration as provided for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable elsewhere in the opinion of the parties or an ArbitratorAgreement.
(b) The Owner agrees that whenever an interview If such employee is held with an employee regarding their work absent at the time the action is taken or conduct which becomes part of their recordwhere it was not practicable to provide notice prior to leaving the premises, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen Company shall send, by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by registered mail, a written notice of 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 ’s suspension, shall be in writing and shall contain disciplinary lay-off or discharge including the reason for the warning, reprimand, suspension or dischargeright to request representation to such employee’s last home address. One A copy of such written notice 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 involvedUnion.
(c) Disciplinary Should the discharged employee or the Union consider the discharge to be improper, a grievance may, within five (5) working days be presented directly to the second step of the grievance procedure.
(d) When applying discipline, verbal and written warnings and/or reprimands which pre-date a will be purged from the employee’s personnel file after twelve (12) months if the employee receives no additional disciplinary action by more than one during that period.
(1e) year shall not When applying disciplinary suspensions or the like, they will be adduced in evidence against an employee in any subsequent disciplinary proceedings in which purged from the employee’s personnel file after twenty four (24) months if the employee is involved. Notwithstanding, receives no additional disciplinary warnings and/or reprimands arising from Harassment actions during that period.
(f) The discharged or Violence suspended employee shall have the right to meet with their Union Representative for a reasonable amount of time during work hours in the Workplace shall not be subject to this provisionUnion Office.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Discipline and/or counseling will normally be carried out in a manner, which does not embarrass an employee. Neither formal nor informal counseling are considered to be a disciplinary action, but are considered efforts to identify and correct deficiencies or improve performance. An employee who receives a formal record of counseling will be permitted a period of ten (a10) No calendar days within which to prepare a written rebuttal; and the supervisor who prepared the counseling will review the documents prior to placing them in the affected employee’s personnel file. The parties agree to the principle that employee discipline should be conducted in accordance with a progressive discipline approach in which progressive disciplinary action will be taken for repeated similar or related offenses, who has acquired seniority, except where the course of conduct or the severity of the offense justifies otherwise. Any disciplinary action instituted under this section shall be discharged implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. No non-probationary employee shall be removed, discharged, reduced in rank or pay, suspended, or otherwise 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 Employees being disciplined must be settled by confirming the Company’s decision or by reinstating the discharged or suspended employee furnished with full compensation for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion a written statement of the parties charges 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, reason for the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by the employee shall be presentdiscipline. The party representing the Union will leave the meeting if If requested to leave by the employee.
(a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices , a copy of demotion for cause, discharge or suspension, the written statement must be provided to a Union representative. Any written reprimand shall be in writing furnished to the employee and shall contain state the reason for the warningreprimand. The employee will be requested to sign the reprimand in order to acknowledge awareness of it, and if he or she refuses to sign it, the refusal shall be noted and placed in the employee’s personnel file. An employee’s signature on a written reprimand shall constitute an acknowledgement of an awareness of the reprimand, suspension or dischargeand not an agreement with the basis for the reprimand. One copy Employees shall be given able to file a grievance through step II of the employee grievance procedure. Employees have the right to review their own personnel file at reasonable times under supervision of the designated custodian. Employees shall have the right to grieve the disciplinary actions of suspension, demotion, reduction in rank for cause stated, or dismissal by utilizing the grievance and one copy arbitration rights provided herein.
A. City of Pensacola shall be given have the right to the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven (7) bring discipline within 30 days of the incident event giving rise theretoto the discipline or 30 days upon the closure of an investigation should an investigation be deemed necessary..
B. Counseling included as progressive discipline shall be valid for 1-year.
(b) A disciplinary warning or reprimand which is not in writing C. All other forms of discipline shall not only be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involvedvalid for 3-years.
(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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeSECTION 1 In cases of discharge or discipline, who has acquired seniority, a representative of Management shall be discharged or disciplined except for just give prompt notice to the employee 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 President 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 Command Unit. Letters 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 warning shall be given to the employee affected and one copy placed in the employee's personnel file.
SECTION 2 The affected employee shall be given allowed to discuss his/her discharge or discipline with his/her xxxxxxx or any other Command Unit representative. Management will make available an area where he/she may do so if he/she is required to leave the premises.
A. In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than two (2) years previously nor impose discipline on an employee for falsification of his/her employment application after a period of two (2) years from his/her date of hire. If an employee completes two (2) years without a disciplinary action, letters of warning and/or suspension over two (2) years old shall be permanently removed from his/her personnel file upon request to the Employer and one copy Director of Human Resources.
B. Every employee shall be emailed entitled to and shall receive a copy of any and all notices, reports, complaints, or other information filed by an employee, supervisor, or any other City officer or department or division head in the Union Office as soon as possibleemployee's personnel file which relates to, but no more than seven (7) days is, or may be made the basis for disciplinary action up to and including the discharge of such employee by the incident giving rise theretoCity.
(b) A disciplinary warning SECTION 4 If Management has the reason to warn or reprimand which an employee, it shall be done in a manner that is not in writing consistent with good employee relationship principles.
SECTION 5 Management shall not be adduced in evidence against an discipline or discharge any employee in any subsequent except for just cause.
SECTION 6 Written notice of disciplinary proceedings in action or discharge shall cite the specific sections of rules and regulations and/or appropriate law(s) or ordinance(s) which the employee is involvedalleged to have violated.
(c) Disciplinary warnings and/or reprimands which pre-date a disciplinary action SECTION 7 An employee against whom charges have been made by more than one (1) year shall not Management may be adduced in evidence against an employee in any subsequent disciplinary proceedings in which represented by Command Unit representatives designated by the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in Command Unit upon request of the Workplace shall not be subject to this provisionemployee.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 a Union Representative or a shop 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 given to the Union Office as soon as possible, but no more than within 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 dealing with violence/harassment shall not be subject to this provisionclause.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE. 4.1 Employees hired on or after the effective date of this Agreement shall undergo a ninety (a90) No day trial period, except those hired as a result of a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the trial period. Upon successful conclusion of the trial period, the Employee’s seniority date shall be the first date worked.
4.2 Absent just cause, the Employer may not discharge or discipline, an employee who has completed his trial period. The Employer shall conduct its own investigation of the circumstances surrounding the alleged misconduct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed.
4.3 Upon the request of an Employee, the Union, through union staff or stewards, shall have the opportunity to be present for all investigative meetings involving employees.
4.4 Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for discipline for workplace violence, sexual harassment, and suspensions or final warnings the period shall be 24 consecutive months from the date of the suspension or final warning.
4.5 If the customer demands the removal of an employee from its account, the Employer may remove the employee from further employment at the account. The Employer will advise the Union of the information it has relating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A management official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union may challenge the bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer instigation, provided, however, that in any arbitration on the Union’s challenge, in order to establish the bona fides of its contention that the customer requested removal of the employee, the Employer need not call customer employees or representatives as witnesses and can rely upon hearsay evidence. With respect to an employee removed pursuant to a customer request, unless the Employer has cause to discharge the employee, the Employer will place the employee in a job at another account for which the employee is qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job offered by the Employer is not at comparable pay and benefits, the employee may choose to place their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits.
4.6 The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be limited to, the following:
A. Theft.
B. Possession of unlawful, prohibited or dangerous weapons.
4.7 Any temporary employee or employee who has acquired seniority, shall not completed his/her trial period may 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 Employer in its discretion. No question concerning the discipline or discharge of any such employee shall be presentthe subject of arbitration.
4.8 No employee shall leave her or his assigned post or take any break without the prior approval of the employee’s supervisor or the Employer’s manager and without proper relief in attendance. The party representing the Union will leave the meeting if requested Employer shall provide reasonable relief to leave by the employeeemployees.
(a) All disciplinary warnings or reprimands which are placed in an employee's record and 4.9 Employees shall conduct themselves professionally at 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 theretotimes while on airport property.
(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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. 10.1 The Employer shall not discipline or discharge a regular employee without just cause, but this shall not prevent the Employer from removing an employee from work while it conducts an investigation. Discipline includes a written warning, unpaid suspension, and termination. The employee shall be notified in writing of any discipline. Designated Union officers shall have the right to discuss any disciplinary action imposed or threatened with management, with or without the presence of the affected employee, as long as the Union provides advance notice to the employee.
10.2 In addition to other provisions of this Agreement authorizing termination for a first offense, examples of conduct or behavior providing just cause to discharge a regular employee without prior warning include, but are not limited to:
(a) No employeeDishonesty connected with timekeeping, who has acquired seniorityabsenteeism, shall be discharged or disciplined except for just reports, 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.investigations;
(b) The Owner agrees that whenever Stealing/theft;
(c) Any violation of Employer’s alcohol and drug policy, including but not limited to consumption, possession or being under the influence of alcohol or illegal drugs during working hours or on Employer property;
(d) Loss or suspension of commercial driver’s license (CDL);
(e) Possession of a firearm, weapon or ammunition on Employer property;
(f) Unauthorized use of or removal of customer or Employer equipment or property;
(g) Gross insubordination;
(h) Serious incident of unlawful discrimination or harassment;
(i) Serious safety violation;
(j) Threatening, intimidating, coercing or hateful language or behavior targeting an interview is held with an employee regarding their work or conduct which becomes part individual because of their recordprotected characteristics in any job- related circumstance;
(k) Immoral, indecent or criminal conduct, including but not limited to such conduct that occurs off the store xxxxxxx job or during non-working hours as long as it relates to the employee’s job, leads to coworkers’ refusal or reluctance to work with the employee, would reasonably be expected to negatively impact the Employer’s business or reputation, or makes the employee unsuitable for continued employment in light of the conduct; and;
(l) Physical attacks or violence, fighting, threats of physical violence, and stalking;
(m) Failure to immediately report an accident;
(n) Willful or grossly negligent damage to Employer property of the property of others; and
(o) Failure to report to work on duty the first workday following the end of an approved leave of absence unless the employee has earlier received the Human Resources Director’s (or another bargaining unit employee who designee’s) written approval for an adjusted return date or unless the failure is at work chosen by due to emergency circumstances beyond the control of the employee, in which case the employee shall be present. The party representing obtain 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 required approval as soon as possible.
10.3 The Employer will respond to other behavior or conduct problems, but no more than seven (7) days including work performance issues, as it determines appropriate considering the seriousness of the incident giving rise theretoproblem, and the employee’s past disciplinary and performance records and length of service with Employer.
(b) A disciplinary warning 10.4 Nothing in this Article 10 or reprimand which is not in writing any other provision of this Agreement shall not be adduced in evidence against an employee interpreted to require the Employer to engage in any subsequent negotiation process as a condition to imposing disciplinary proceedings in which action, and any disputes concerning the employee is involved.
(c) Disciplinary warnings and/or reprimands which pre-date a Employer’s right to take disciplinary action by more than one (1) year against regular employees under this Agreement 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 provisionArticle 5.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an Arbitrator.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area Representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeEmployees hired on or after the effective date of this Agreement shall un- dergo a 60 day trial period, except those hired as a result of a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the trial period. Upon successful conclusion of the trial period, the Employee’s seniority date shall be the first date worked. Absent just cause, the Employer may not discharge or discipline, an em- ployee who has acquired senioritycompleted his trial period. The Employer shall conduct its own investigation of the circumstances surrounding the alleged miscon- duct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed.
4.7 Upon the request of an Employee, the Union, through union staff or stew- ards, shall have the opportunity to be discharged present for all investigative meetings involving employees. Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or disciplined except for just final warn- ings the period shall be 24 consecutive months from the date of the sus- pension or final warning. If the customer demands the removal of an employee from its account, the Employer may remove the employee from further employment at the ac- count. The Employer will advise the Union of the information it has relating to the customer’s complaint and sufficient causemake reasonable efforts to secure from the customer a written confirmation of the customer’s request. A man- agement official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. 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 challenge 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 bona fides of the parties Employer’s claim that the customer has demanded removal and has done so without Employer insti- gation, provided, however, that in any arbitration on the Union’s challenge, in order to establish the bona fides of its contention that the customer requested removal of the employee, the Employer need not call custom- er employees or an Arbitrator.
(b) The Owner agrees that whenever an interview is held with representatives as witnesses and can rely upon hearsay evidence. With respect to an employee regarding their work or conduct which becomes part of their recordremoved pursuant to a customer request, unless the Employer has cause to discharge the employee, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by Em- ployer will place 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 a job at another account 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 involvedqualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job of- fered by the Employer is not at comparable pay and benefits, the employee may choose to place their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be lim- ited to, the following:
A. Theft.
(c) Disciplinary warnings and/or reprimands which pre-date a disciplinary action by more than one (1) year B. Possession of unlawful, prohibited or dangerous weapons. 4.8
5.2 No employee shall not be adduced leave her or his assigned post or take any break without the prior approval of the employee’s supervisor or the Employer’s manager and without proper relief in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involvedattendance. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace The Employer shall not be subject provide rea- sonable relief to this provisionemployees. Employees shall conduct themselves professionally at all times while on airport property.
Appears in 2 contracts
Samples: Security Officers Agreement, Security Officers Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an ArbitratorArbitrator if the matter is referred to arbitration.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than office within 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 for workplace violence and/ or harassment which pre-date a disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace action by more than eighteen (18) months shall not be subject to this provisionadduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorof a single Arbitrator if the matter is referred to him/her.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 save and except that discipline related to harassment and/or reprimands arising from Harassment or Violence violence in the Workplace workplace shall not remain on an employee’s file for forty-eight (48) months. Where an employee is absent from work on a leave of absence(s) that is longer than one (1) month, the above periods shall be subject extended by a period equal to this provisionthe length of the leave of absence(s), except in cases of parental leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, Section 1. Discipline is primarily the responsibility of the Chief of Police. Discipline shall be discharged positive, developmental, and progressive in nature. When the Chief of Police feels that the positive and developmental and progressive discipline has not succeeded in solving the problem, further punishment, up to and including discharge may be necessary for alleged violations of department rules and regulations. Such punishment or disciplined except for just discipline or discharge shall be imposed by the Chief of Police or his designee.
Section 2. Whenever disciplinary action is taken against an officer, the charges and sufficient causespecifications resulting in such discharge or discipline shall be reduced to writing and copies shall be furnished to the Union representative and to the employee against whom the charges are brought.
Section 3. The Employee shall have the opportunity to meet with his/her Union agrees to co-operate in an endeavour to correct inefficiencies representative at the time he/she received notice of employees which might necessitate disciplinary action. Discharge or discipline grievances may action and the Union representative shall 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 present 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 so requested by the employee at the time of the disciplinary action.
Section 4. In the event an employee is disciplined or discharged, such shall constitute a case arising under the grievance procedure. An employee who receives disciplinary action such as discharge may file a written grievance which shall begin at Step 3 of the grievance procedure.
Section 5. In imposing any discipline, the Chief of Police will not base his decision upon any infraction of department rules or regulations which occurred more than two (2) years previously.
Section 6. In the event it should be decided under the grievance procedure that the employee was unjustly disciplined, the Employer shall reinstate such employee and pay full compensation, partial or no compensation as may be decided under the arbitrator's powers.
Section 7. All disciplinary actions shall be presentfor just cause.
Section 8. The party representing the Union will leave the meeting if requested to leave Whenever a criminal charge or charges are preferred by a warrant against 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, it shall be in writing and shall contain the reason for prerogative of the warning, reprimand, suspension or discharge. One copy shall be given Employer to suspend the employee without prejudice and one copy shall be given to with or without pay until the Employer and one copy shall be emailed to charges within the Union Office as soon as possible, but no more than seven (7) days of the incident giving rise theretocriminal justice system are concluded.
(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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. No employee covered by this agreement shall be disciplined in any manner, demoted, suspended or discharged, except for just cause. When an employee is notified of an interview that may result in formal disciplinary action being taken by the Company, the employee will be notified of the right to representation. Additionally, where circumstances permit, the Union will be given advance notice. An employee may only be disciplined in the presence of the employee’s Union representative, except when the representative is not on the Company premises.
(a) No The Company shall notify the Union and the employee promptly in writing upon the suspension, disciplinary lay-off or discharge of an employee, who has acquired seniority, . Such notice shall be discharged or disciplined except for just and sufficient causeprovided at a reasonable time prior to the end of the shift including rights to representation prior to leaving the premises unless the circumstances are of such a nature as to make the provision of such notice impracticable and/or disruptive to harmonious labour-management relations. The Union agrees to co-operate in an endeavour to correct inefficiencies question of employees which might necessitate disciplinary action. Discharge whether or discipline grievances not the circumstances were of such a nature as described above may be settled by confirming made the Company’s decision or by reinstating the discharged or suspended employee with full compensation subject of a grievance and appealed to arbitration as provided for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable elsewhere in the opinion of the parties or an ArbitratorAgreement.
(b) The Owner agrees that whenever an interview If such employee is held with an employee regarding their work absent at the time the action is taken or conduct which becomes part of their recordwhere it was not practicable to provide notice prior to leaving the premises, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen Company shall send, by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by registered mail, a written notice of 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 ’s suspension, shall be in writing and shall contain disciplinary lay-off or discharge including the reason for the warning, reprimand, suspension or dischargeright to request representation to such employee’s last home address. One A copy of such written notice 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 involvedUnion.
(c) Disciplinary Should the discharged employee or the Union consider the discharge to be improper, a grievance may, within five (5) working days be presented directly to the second step of the grievance procedure.
(d) When applying discipline, verbal and written warnings and/or reprimands which pre-date a will be purged from the employee’s personnel file after twelve (12) months if the employee receives no additional disciplinary action by more than one during that period.
(1e) year shall not When applying disciplinary suspensions or the like, they will be adduced in evidence against an employee in any subsequent disciplinary proceedings in which purged from the employee’s personnel file after twenty four (24) months if the employee is involved. Notwithstanding, receives no additional disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provisionactions during that period.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE.
(a) No employee, who has acquired seniority, 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 a Union Representative or a shop 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 given to the Union Office as soon as possible, but no more than within 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 dealing with violence/harassment shall not be subject to this provisionclause.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee 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 timetime lost, 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) of a Board of Arbitration if the matter is referred to it. The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area Representative shall be presentpresent at such interview. 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 ’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 given to the Union Office as soon as possible, but no more than within 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, employee who has acquired seniority, 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 Employer's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorarbitrator if the matter is referred to arbitration.
(b) The Owner agrees When an employee, who is covered by this Collective Agreement, is called into a meeting with Management to investigate the employee's alleged misconduct or to impose discipline upon him, a Union Xxxxxxx of the employee’s choice shall be present during the meeting, so long as that whenever an interview Union Xxxxxxx is held with an available at the time of the meeting. If the Union Xxxxxxx chosen by the employee regarding their work is not available or conduct which becomes part of their recordthe employee does not choose a Union Xxxxxxx, the store xxxxxxx on duty or Employer shall assign an available Union Xxxxxxx to attend this meeting. In the absence of an available xxxxxxx, another bargaining unit employee who is of the employee’s choice shall be present at work chosen by the meeting. Should the employee shall not choose another employee to be present. The party representing , the Union will leave the meeting if requested to leave by the Employer shall select such 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 given to the Union Office as soon as possible, but no more than within 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 Other 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 discipline arising from Harassment harassment or Violence violence in the Workplace shall not workplace, all other discipline will be subject to this provisionremoved from an employee’s file twelve (12) months after the discipline was issued.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeEmployees hired on or after the effective date of this Agreement shall un- dergo a 60 day trial period, except those hired as a result of a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the trial period. Upon successful conclusion of the trial period, the Employee’s seniority date shall be the first date worked. Absent just cause, the Employer may not discharge or discipline, an em- ployee who has acquired senioritycompleted his trial period. The Employer shall conduct its own investigation of the circumstances surrounding the alleged miscon- duct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed.
4.7 Upon the request of an Employee, the Union, through union staff or stew- ards, shall have the opportunity to be discharged present for all investigative meetings involving employees. Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or disciplined except for just final warn- ings the period shall be 24 consecutive months from the date of the sus- pension or final warning. If the customer demands the removal of an employee from its account, the Employer may remove the employee from further employment at the ac- count. The Employer will advise the Union of the information it has relating to the customer’s complaint and sufficient causemake reasonable efforts to secure from the customer a written confirmation of the customer’s request. A man- agement official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. 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 challenge 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 bona fides of the parties Employer’s claim that the customer has demanded removal and has done so without Employer insti- gation, provided, however, that in any arbitration on the Union’s challenge, in order to establish the bona fides of its contention that the customer requested removal of the employee, the Employer need not call custom- er employees or an Arbitrator.
(b) The Owner agrees that whenever an interview is held with representatives as witnesses and can rely upon hearsay evidence. With respect to an employee regarding their work or conduct which becomes part of their recordremoved pursuant to a customer request, unless the Employer has cause to discharge the employee, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by Em- ployer will place 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 a job at another account 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 involvedqualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job of- fered by the Employer is not at comparable pay and benefits, the employee may choose to place their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be lim- ited to, the following:
A. Theft.
(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 involvedB. Possession of unlawful, prohibited or dangerous weapons. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provision.4.8
Appears in 1 contract
Samples: Service Workers Agreement
DISCHARGE AND DISCIPLINE. 9.01 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his xxxxxxx before leaving the Employer's premises unless in the circumstances it is necessary to require the employee to leave the premises immediately.
9.02 An employee who is discharged or suspended may file a grievance at Step Two of the grievance procedure within the five (5) working days after such discharge or suspension.
9.03 Where a grievance which is filed under Article 9.02 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling subject to this Article and to Article 8;
(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 CompanyEmployer’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.action;
(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 reinstating the employee shall be present. The party representing the Union will leave the meeting if requested to leave by the employee.
with compensation for regular time lost (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 except for the warningamount of any remuneration, reprimand, suspension monies or discharge. One copy shall be given to compensation the employee and one copy shall be given to has received from any other source pending the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven (7) days disposition 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.his case); or
(c) Disciplinary warnings and/or reprimands re-instating the employee without compensation;
(d) disposing of the grievance in any other manner which pre-date may be just and equitable.
9.04 The maintenance of discipline is essential to the satisfactory operation of the plant and the Company reserves the right to discipline for just cause, up to and including discharge. The Company agrees to notify an employee of his right to have a Xxxxxxx present at any meeting where discipline is issued and to notify a Xxxxxxx of any discipline issued.
9.05 The Company will supply a copy of the disciplinary letter to the employee concerned and to the Union. It shall be used by the Union for no other purpose than the processing of a grievance related to the discipline imposed.
9.06 No disciplinary action by more than one (1) year shall not be adduced in evidence remain 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 provisionemployee’s record for a period longer than thirty six (36) months.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniorityexcept employees during their probationary period, shall be discharged or disciplined except for just cause.
(b) Discharge 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 de- cision or by reinstating re-instating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, applicable or by any other arrangement which is just and equitable in the opinion of the parties or an ArbitratorCompany and the Union.
(b) 5.02 The Owner Company agrees that whenever an interview is held with an employee regarding their his work or conduct con- duct that might lead to discipline or which becomes part of their his record, the store xxxxxxx on duty Xxxxxxx or another bargaining unit employee who is at work chosen by the employee a Union repre- sentative shall be presentpresent at such interview. The party representing Fur- ther, the Union representative or Xxxxxxx will leave the meeting if requested to leave by the employee.
(a) 5.03 All disciplinary warnings or reprimands which are placed in an employee's ’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 One
(1) copy shall be given to the employee and one (1) copy shall be given to the Employer and one copy shall be emailed forwarded to the Union Office as soon as possible, but no more than within seven (7) consecutive days of the incident giving rise thereto, provided that this period may be extended by mutual agreement. Failure to pro- vide any of the copies referred to herein shall ren- der the discipline null and void.
5.04 The Company may discharge any employee for just cause. Without limiting the generality of the foregoing, the Company shall have the right to discipline up to and including discharge upon any of the following, or similar grounds, without notice of pay in lieu thereof:
(bi) A disciplinary warning Stealing, dishonesty, willful destruction of Company property, graffiti or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which physical vio- lence directed at other employees;
(ii) Drinking while on duty or being under the employee is involvedinfluence of liquor or non-prescription drugs while on duty;
(iii) Direct refusal to obey orders given by management unless such orders jeopardize life, health, or safety or the employee.
5.05 All discipline shall be cancelled after twelve (c12) Disciplinary warnings and/or reprimands months from date of issue. At date of ratification, discipline for Harassment/Workplace Violence which pre-will remain on file for twenty four (24) months from date a disciplinary action by more than one (1) year of issue. Attendance and gen- eral work rules shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which treated as separate for the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provisionpurpose of progressive discipline.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an ArbitratorArbitrator if the matter is referred to one.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 year, five (5) years in the case of discipline for workplace violence and/or harassment, 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.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate cooperate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorof a Board of Arbitration if the matter is referred to it.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 save and except that discipline related to harassment and violence in the Workplace shall not be subject to this provisionworkplace will remain on an employee’s file for twenty-four (24) months.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, employee who has acquired seniority, 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 Employer's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorarbitrator if the matter is referred to arbitration.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area Representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 Other 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 discipline arising from Harassment harassment or Violence violence in the Workplace shall not workplace, all other discipline will be subject to this provisionremoved from an employee’s file twelve (12) months after the discipline was issued.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeA. The Employer agrees to promptly notify any employee and the union representative in writing of the discharge or the formal discipline of an employee in the district. The employee involved will be allowed to discuss his discharge or discipline with the union representative of the district 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, who has acquired seniority, shall be the Employer or his designated representative will discuss the discharge or discipline with the employee and the union representative.
B. Should the discharged or disciplined except for just and sufficient cause. The Union agrees employee or the union representative consider the discharge to co-operate be improper, a complaint shall be presented in an endeavour writing through the union representative 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 employer beginning at Step 3 of the parties grievance procedure within two (2) regularly scheduled working days of the discharge or an Arbitratordiscipline. Step 3 of the grievance procedure will then be followed and if the decision is not satisfactory to the Employees, the matter shall be referred to the rest of the grievance procedure. In opposing any discipline on a current charge, the Employer will not take into account any prior infractions, which occurred more than three (3) years previously.
(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 C. Formal 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 with specific recommendations for improvement. A signed copy of the reason for the warning, reprimand, suspension or discharge. One copy formal reprimand shall be given to the employee, prior to inclusion in the personnel file.
D. No employee and one copy shall be given suspended or discharged without just cause. No employee shall be disciplined (including reprimands, suspensions, reductions in rank or occupational advantage, or discharge) without just cause. The specific grounds forming the basis for disciplinary action will be made available to the Employer and one copy employee in writing. An employee shall be emailed entitled to have present a representative of the Union Office as soon as possibleduring any meeting which leads to disciplinary action. When such a request for representation is made, but no more than seven (7) days of action shall be taken until the incident giving rise thereto.
(b) A disciplinary warning representative is present. However, the District retains the right to immediately discipline by paid suspension, any employee for an offense that presents a danger to students or reprimand which staff. An employee has the right not to discuss this matter with the District until Union representation is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which available. The District, Association representative, and the employee will meet within five (5) working days to discuss the change(s) and the pending measures the District is involvedconsidering to take on the offense.
(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.
Appears in 1 contract
Samples: Master Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, employee who has acquired seniority, 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 his work or conduct which becomes part of their his record, the store a Union Representative or a shop 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 given to the Union Office as soon as possible, but no more than within 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 dealing with violence/harassment shall not be subject to this provisionhis clause.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-co- operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an ArbitratorArbitrator if the matter is referred to it.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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-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 involved save and except that discipline related to harassment and/or reprimands arising from Harassment or Violence violence in the Workplace workplace shall not be subject to this provisionremain on an employee’s file for twenty-four (24) months.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. In the event of an employee being discharged from employment or disciplined, without just cause, the case may be taken up as a grievance. Such grievance shall commence at Step by the aggrieved employee and Xxxxxxx shall present to the General in writing a statement of the grievance signed by the employee and the grievance will then be dealt with by the usual Grievance and Arbitration Procedure. Such must be commenced within five (a5) No employee, who has acquired seniority, shall be discharged working days of discharge 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 The aggrieved employee may have the assistance of Xxxxxxx in the preparation of the grievance. Such special grievances may be settled by confirming the CompanyManagement’s decision action in dismissing the employee, or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicabletime lost, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties conferring parties, or an Arbitrator.
(b) The Owner agrees that whenever an interview in the opinion of the Arbitration Board if the matter is held with referred to such a Board. When an employee regarding their work or conduct which becomes part of their recordhas been dismissed without notice, shall have the store xxxxxxx on duty or another bargaining unit employee who is right to interview Xxxxxxx at work chosen a place designated by the employee shall be presentManagement for a reasonable period of time before leaving the Plant premises. The party representing Management will issue a verbal warning before further disciplinary action is taken, unless 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 circumstances justify immediate discipline or discharge. One If a warning is to be given, it shall be given in the presence of a Union Committee Member or Xxxxxxx. A copy shall of all warnings will be given to the employee Department Xxxxxxx not later than the day after the incident. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. Verbal warnings and all other records of disciplinary action will be removed from an employee’s file after one copy year provided that during this period no further disciplinary action has been taken against that employee. Notwithstanding anything in the Agreement, no dispute as to the discharge or layoff of any probationary employee, with the Company, shall be given to considered under the Employer and one copy Grievance Procedure. Seniority shall be emailed to defined as the Union Office as soon as possible, but no more than seven length of the last unbroken service with the Company in accordance with this Article. An employee shall be considered on probation not beplacedon has worked for forty-five (745) days of work, including overtime days worked, but not necessarily consecutive. During such probationary period, the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is not in writing employee shall not be adduced entitled to seniority rights. Upon completion of the probationary period, seniority shall be credited from the date of first employment. Seniority lists, based upon the date on which employees commenced to work for the Company, shall be established plant-wide as agreed upon between the Company and the Union. Such lists shall be posted and shall be revised every six (6) months and a copy sent to the Union. The seniority list in evidence against an employee effect at the signing of this Agreement shall be binding upon the parties hereto, unless a protest in any subsequent disciplinary proceedings in which writing is registered with the Company within ten 0) working days of the signing of this Agreement. Seniority shall be maintained and accumulated during: absence due to lay-off for a period of up to eighteen (18) consecutive months provided the employee is involved.
has six months seniority at the time of lay-off. sickness or accident for a period of up to thirty-six (c36) Disciplinary warnings and/or reprimands which pre-date a disciplinary action by consecutive months provided the employee has more than one (1) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which six months seniority at the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment time the sickness or Violence in the Workplace shall not be subject to this provisionaccident commences.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. In the event of an employee being discharged from employment or disciplined, without just cause, the case may be taken up as a grievance. Such grievance shall commence at Step by the aggrieved employee and Xxxxxxx shall present to the Production Manager in writing a statement of the grievance signed by the employee and the grievance will then be dealt with by the usual Grievance and Arbitration Procedure. Such commenced within five (a5) No employee, who has acquired seniority, shall be discharged working days of discharge 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 The aggrieved employee have the assistance of Xxxxxxx the preparation of the grievance. Such special grievances may be settled by confirming the CompanyManagement’s decision action in dismissing the employee, or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicabletime lost, or by any other arrangement as to compensation which is just and equitable in theopinion conferring parties, or in the opinion of the parties or an Arbitrator.
(b) The Owner agrees that whenever an interview Arbitration Board if the matter is held with referred to such a Board. When an employee regarding their work or conduct which becomes part of their recordhas been dismissed without notice, shall have the store xxxxxxx on duty or another bargaining unit employee who is right to interview Xxxxxxx at work chosen a place designated by the employee shall be presentManagement for a reasonable period of time before leaving the Plant premises. The party representing Management will issue a verbal warning before further disciplinary action is taken, unless 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 circumstances justify immediate discipline or discharge. One If a warning is to be given, it shall be given in the presence of a Union Member or Xxxxxxx. A copy shall of all warnings will be given to the employee Department Xxxxxxx not later than the day after the incident. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. Verbal warnings and all other records of disciplinary action will be removed from an employee’s file after one copy year provided that during this period no further disciplinary action has been taken against that employee. Notwithstanding anything in the Agreement, no dispute as to the discharge or layoff of any probationary employee, with the Company, shall be given considered under the Grievance Procedure. Seniority shall be defined as the length of the last unbroken service with the Company in accordance with this Article. An employee shall be considered on probation and shall not be placed on theseniority lists until has worked for forty-five days of work, including overtime days worked, but not necessarily consecutive. During such probationary period, the employee shall not be entitled to seniority rights. Upon completion of the probationary period, seniority shall be credited from the date of first employment. Seniority lists, based upon the date on which employees commenced to work for the Company, shall be established plant-wide as agreed upon between the Company and the Union. Such lists shall be posted and shall be revised every six (6) months and a copy sent to the Employer and one copy Union. The seniority list in effect at the signing of this Agreement shall be emailed to binding upon the Union Office as soon as possibleparties hereto, but no more than seven (7) unless a protest in writing is registered with the Company within ten days of the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is not in writing signing of this Agreement. Seniority shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which maintained and accumulated during: absence due to lay-off for a period of up to eighteen 8) consecutive months provided the employee is involved.
has six (c6) Disciplinary warnings and/or reprimands which premonths seniority at the time of lay-date off. sickness or accident for a disciplinary action by period of up to thirty-six (36) consecutive months provided the employee has more than one six (16) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which months seniority at the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment time the sickness or Violence in the Workplace shall not be subject to this provisionaccident commences.
Appears in 1 contract
Samples: Collective Agreement
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 a Union Representative or a shop 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, 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.be
(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 dealing with Violence/Harassment or Violence in the Workplace shall not be subject to this provisionclause.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, Section 1. The Employer shall be discharged not discharge or disciplined suspend for disciplinary reasons any regular full-time or regular part-time employee except for just and sufficient cause. The Union agrees Just cause may include, but is not limited to, violation of reasonable rules and regulations, failure to co-operate obey a supervisor's reasonable orders or instructions, or failure to reasonably perform the duties of the position in an endeavour a competent and efficient manner. It is mutually agreed that progressive discipline for minor matters should be typically employed to correct inefficiencies of employees which might necessitate disciplinary actionminor problems; the employee shall first receive an oral and/or written notice before more severe discipline is issued. It is acknowledged, however, that a warning notice, whether verbal or written, need not be issued first for major rule regulation infractions or for any other major cause. Discharge or discipline grievances may suspension of regular full-time or regular part-time employees must 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 written notice 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 possibleBusiness Agent citing specific reasons for such discharge or suspension.
Section 2. Regular employees will be permitted to review their discharge or suspension with their xxxxxxx. Upon request the Employer, but no more or its designated representative, will discuss the discharge or suspension with such employee and the xxxxxxx.
Section 3. Such an employee considering the suspension or discharge to be improper may submit a written grievance, in accordance with Grievance Procedure requirements. To be considered timely, however, such grievance must be submitted directly to Step Three (3), rather than Step Two (2), within seven (7) calendar days of from 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 date the employee is involvednotified of such discipline.
(c) Disciplinary warnings and/or reprimands which pre-date a Section 4. All appeals from disciplinary action taken by more than one (1) year the Employer involving discharge or suspension of an employee shall be processed in accordance with this Article and the grievance procedures of this Agreement.
Section 5. At all stages of the disciplinary procedure an employee against whom charges have been made may be represented by the Union xxxxxxx, Union representative, and/or attorney.
Section 6. For purposes of this Agreement "discipline" shall not be adduced include oral reprimands (whether or not confirmed 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 provisionwriting).
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, shall be discharged dis- charged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct cor- rect inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Employer(s) decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an Arbitrator.
(b) The Owner Employer(s) agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area Representative shall be presentpresent at such interview. 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 ’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 sus- pension or discharge. One copy shall be given to the employee em- ployee and one copy shall be given to the Employer and one copy shall be emailed given to the Union Office as soon as possible, but no more than within seven (7) days of the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is not in writing writ- ing 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 sub- sequent 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.
Appears in 1 contract
Samples: Franchise Agreement
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 endeavor 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.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, 6.01 A claim by a non-probationary employee that they have been unjustly discharged from their employment shall be discharged or disciplined except treated as a grievance, if a written statement of such grievance is lodged with the employee’s immediate supervisor within five (5) working days after the employee ceases to work for just and sufficient causethe Company. The Union agrees All preliminary steps of the Grievance Procedure, prior to co-operate Step No. 2, will be omitted in an endeavour to correct inefficiencies of employees which might necessitate disciplinary actionsuch cases. Discharge or discipline Such special grievances may be settled by confirming the CompanyManagement’s decision action in dismissing the permanent employee or by reinstating the discharged or suspended employee with full compensation for time 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 Arbitratorconferring parties.
(b) The Owner agrees that whenever an interview is held with 6.02 When an employee regarding has been dismissed without notice, they shall have the right to interview with their work or conduct which becomes part Xxxxxxx for a reasonable period of their record, time before leaving 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 employeepremises.
(a) All 6.03 A copy of any written disciplinary warnings or reprimands which are placed in action issued to 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 employee shall be given to the employee and one copy employee. The Company shall be given to the Employer and one copy shall be emailed to contact the Union Office as soon as possible, but no more than seven (7) days area Staff Representative advising them of the incident giving rise theretoprior to the issuing of discipline.
(b) A 6.04 At any disciplinary warning or reprimand interview held by the Company, the employee to be interviewed shall have their xxxxxxx present. The xxxxxxx shall leave if requested by the employee(s). The Company will contact the area Union Representative to advise them of the incident allowing the Union the ability to participate in the interview. It is understood that the availability of a union xxxxxxx will not cause any undue delay.
6.05 Disciplinary warnings and/or reprimands which is not in writing predate disciplinary action by more than 12 months, shall not be adduced brought forward 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 6.06 No individual employee or group of employees shall undertake to represent the Union at meetings with the Company without proper authorization of the Union. In order that this may be carried out, the Union will supply the Company with the name of its Union Representative.
6.07 Any employee, who so desires it, shall have the right to review their personnel record in the presence of the Union Xxxxxxx and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management.
6.08 The Company agrees that whenever a disciplinary action by more than one (1) year shall meeting is held with an employee, the Xxxxxxx or Union Representative will be present. The employee may request that the Xxxxxxx leave the meeting. In the event the Xxxxxxx is not present, the condition will be adduced in evidence against an employee in brought to the attention of the employee. The disciplinary meeting will be postponed until the Xxxxxxx/Union Representative is available. If the disciplinary meeting is held without the Xxxxxxx/Union Representative, any subsequent disciplinary proceedings in which discipline, verbal or written, will be null and void except when the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in requests the Workplace shall not be subject xxxxxxx to this provisionleave.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorof a Board of Arbitration if the matter is referred to it.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than office within 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.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) 1. No employee, who has acquired seniority, bargaining unit member shall be discharged reduced in pay or position, suspended, removed or otherwise disciplined except for just and sufficient cause. Disciplinary action shall be carried out in a private and business-like manner. Discipline will take into account the nature of the violation, the Employee’s past record of performance and conduct, past disciplinary actions, and other appropriate considerations.
2. The Union agrees principles of progressive disciplinary action will normally be followed with respect to cominor offenses. However, the Employer may implement, where appropriate, more severe discipline such as suspensions without pay, demotion or termination.
3. Except for probationary employees, in the event of a written reprimand, suspension, reduction, or discharge for disciplinary reasons, the grievance and arbitration procedure of this Agreement shall be applicable.
4. Prior to the discharge, reduction, or suspension of any Employee who has completed his or her probationary period, the Employer shall provide the Employee with written notice of the charges against him or her at least forty eight (48) hours prior to any pre-operate disciplinary hearing and an opportunity to present a response to the charges. The Director or his designee shall conduct this pre-disciplinary hearing. If, in an endeavour the Employer’s judgment, the presence of the Employee pending the pre-disciplinary hearing might create disturbance, disruption or danger to correct inefficiencies of employees which might necessitate disciplinary actionothers in the workplace, the Employer may place the Employee on suspension with pay, pending the hearing. Discharge or discipline grievances The pre-hearing suspension may be settled without pay if the Employee is not available for a pre-disciplinary hearing within seventy-two (72) hours of written notice.
5. If an Employee is notified of a pre-disciplinary hearing or called in for a meeting that may lead to disciplinary action against the Employee, the Employee may, at his or her option, be accompanied by confirming a Union representative. If the Company’s decision Employee who is the target of a disciplinary investigation requests Union representation, the Employer shall suspend further discussions with that Employee until the presence of a Union representative or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicableofficial can be secured.
6. Verbal and written reprimands, or by suspension of three (3) days or less, shall not be admissible in any other arrangement which is just and equitable in the opinion of the parties pre-disciplinary hearing, grievance or an Arbitratorarbitration four (4) years after their issuance provided that no intervening discipline was issued.
(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 present7. The party representing Employer will notify the Employee and the Union, in writing, within 24 hours or the next work day, of any discharge, reduction, suspension, or written reprimand. If the Union will leave the meeting if requested desires 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 causecontest a written reprimand, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension reduction or discharge. One copy , it shall be given to the employee and one copy shall be given give written notice thereof to the Employer within the time limits set forth in the articles governing the grievance and one copy arbitration procedure. In such event, the dispute shall be emailed submitted and determined under the grievance and arbitration procedures hereinafter set forth, commencing at Step 2 of the grievance procedure for suspensions, reductions, and discharges, and at Step 1 of the grievance procedure for written reprimands. Written reprimands may be advance through the grievance procedure to Step 2, but are not appealable to arbitration. An Employee may submit for inclusion in his or her personnel file a written rebuttal regarding any written reprimand.
8. Following the discharge, termination or resignation of an Employee, the Employer shall request the Auditor to issue a warrant, in the next subsequent pay period, to the Union Office as soon as possibleEmployee for all wages earned and due to the Employee, but no more than seven (7) days of provided that all keys, other Employer property, including identification badges, and tuition advances and/or other debts owed 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 Employer pursuant to this provisionAgreement are satisfied or returned to the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an Arbitrator.Arbitrator if the matter is referred to Arbitration
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 save and except that discipline related to harassment and/or reprimands arising from Harassment or Violence violence in the Workplace workplace shall not be subject to this provision.remain on an employee’s file for twenty-four
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s Owner's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of an ArbitratorArbitrator if the matter is referred to it.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 involved save and except that discipline related to harassment and/or reprimands arising from Harassment or Violence violence in the Workplace workplace shall not be subject to this provision.remain on an employee’s file for twenty-four
Appears in 1 contract
Samples: Scholarship Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeA. The Association recognizes that it is the duty of the Employee to perform their work in a satisfactory manner in accordance with the laws, who has acquired senioritythe directives of their supervisor, shall be discharged or disciplined except for just and sufficient causein accordance with good judgment, common sense and ever mindful to the well being of the students of the School District. The Union agrees to coBoard recognizes that discipline and/or discharge from employment for non-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 probationary Employees shall be given only for just cause.
B. Major infractions such as, but not necessarily limited to, theft, assaults, reporting to work under the influence of alcohol, narcotics or drugs, failure to pass a random drug/alcohol test, loss of necessary licenses, poor driving record, will subject the Employee to discharge provided that the Employee has received written notification of the charges against that Employee and has been afforded an opportunity to be heard prior to the employee assessment of discipline.
C. If an Employee is to be disciplined by the Board, they shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employee shall also have the right not to have the Association representative present at a disciplinary conference. The imposition of discipline may not be unreasonably delayed for the presence of an Association representative. Xxxxxx reprimands may be imposed immediately by management but the Employee may request a follow-up conference at a later time to discuss the matter with an Association representative present. It is understood that discipline should be imposed in private between the supervisor, the Employee and one copy Association representative if requested. Directives may occur as needed; however, discipline shall be given occur in the supervisor's office or out of the presence of other Employees. All discipline shall remain confidential to the Employer and one copy shall be emailed extent permitted by law. The parties recognize that the Michigan Supreme Court has held that school Employee disciplinary records contained in an Employee's personnel file are subject to disclosure under the Union Office as soon as possible, but no more than seven (7) days Freedom 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 Information Act unless one (1) year or more of the exemptions in Section 13 of that Act apply to exempt disclosure of such information.
D. Discharge and discipline may be processed through the grievance procedure commencing with the second step.
E. Any Employee given discharge or disciplinary action shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in receive a written notice thereof which shall state the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in nature of the Workplace shall not be subject offense and the action taken with a copy sent to this provisionthe Association President and Vice- President.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee 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 and discipline grievances may be settled by confirming the Company’s decision or by reinstating the discharged or suspended employee with full compensation for lost timeany arrangement, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an ArbitratorArbitrator if the matter is referred to Arbitration.
(b) The Owner Employer agrees that whenever an any disciplinary interview is held with an employee regarding their work or conduct employee, which becomes part of their the employee’s record, the store xxxxxxx on duty shop xxxxxxx, or in the stewards absence another bargaining unit employee who is at work chosen by the employee member shall be presentpresent at such interview. If there is no xxxxxxx in the plant and the interview will lead to a suspension or discharge then the Company shall notify the Union Area Representative who may be present at such interview. The party representing the Union xxxxxxx will leave the meeting if requested to leave by the employee.
(ac) All written disciplinary warnings or reprimands which are placed in issued to 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 employee shall be given to the employee and one copy shall be given sent to the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven union office within fourteen (714) days of the incident giving rise thereto. Failure to provide such a copy to the union shall not invalidate the disciplinary action.
(bd) 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.
(ce) Disciplinary warnings and/or and or reprimands which pre-date a disciplinary action by more than one one
(1) year years shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings proceeding in which the employee is involved. Notwithstanding.
(f) Notwithstanding the foregoing, disciplinary warnings the Employer shall have the right to immediately terminate the employment of an employee on any of the following grounds:
(i) An act of theft or fraud on Company property;
(ii) The use, possession or dispensing of alcohol and/or reprimands arising from Harassment or Violence in the Workplace shall not be narcotics on Company property, subject to this provisionaccommodation under the human rights code.
Appears in 1 contract
Samples: Scholarship Agreement
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 a Union Representative or a shop 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, 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 given to the Union Office as soon as possible, but no more than within 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 dealing with Violence/Harassment or Violence in the Workplace shall not be subject to this provisionclause.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. Section 12.1. The Employer shall have the right to discharge, reduce, suspend, or discipline any Employee for just cause.
Section 12.2. In the event of a suspension, reduction, or discharge for disciplinary reasons, the grievance and the arbitration procedures of this Agreement shall be applicable. In the event of a written reprimand, the Employee may request a meeting with the Administrator of the Employee’s unit or section within ten (10) calendar days of its issuance to discuss the reprimand;
Section 12.3. With respect to all written disciplinary matters, the Employer will notify the Employee, in writing, within a reasonable period of time of any discharge, reduction, suspension, or written reprimand. The Union may contest any disciplinary action proposed or taken on the grounds that it was not imposed within a reasonable period of time as provided in this Section in the predisciplinary, grievance, or arbitration hearing. Progressive discipline will normally be followed, but may vary depending on the severity of the offense. If the Employee or the Union desires to contest a suspension, reduction, or discharge, either the Employee or the Union shall file a grievance within ten (10) calendar days from the date of the above notice. In such event, the dispute shall be submitted and determined under the grievance and arbitration procedures hereinafter set forth, commencing at step 3 of the grievance procedure. An Employee may submit for inclusion in his or her personnel file a written rebuttal regarding any written reprimand.
(a) No employee, who has acquired seniority, shall be discharged For the purposes of this Article only and any grievance or disciplined except for just and sufficient cause. The Union agrees arbitration proceeding relating to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge , records of prior disciplinary action against the Employee in question shall not be admissible in any predisciplinary hearing or discipline grievances may be settled by confirming grievance or arbitration proceeding after the Companytime periods stated below, unless (1) the Employee or Union argue the Employee’s decision or by reinstating good work record for the discharged or suspended employee with full compensation for lost time, less interim earnings if applicabletime period preceding these limits, or by any other arrangement which is just and equitable in (2) the opinion of Employer has imposed further discipline during the parties or an Arbitratorspecified period.
(b) The Owner agrees that whenever an interview is held with an employee regarding their work or conduct which becomes part periods 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 employeeadmissibility are:
(1) Xxxxxx and written reprimands – one (1) year.
(a2) All disciplinary warnings or reprimands which are placed in an employee's record and all notices Suspensions 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 two (72) days of the incident giving rise theretoor less – two (2) years.
(b3) A Suspensions of more than two (2) days, disciplinary warning demotions or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent reductions, or other disciplinary proceedings in which the employee is involvedaction – three (3) years.
(c) Disciplinary warnings and/or reprimands which All records of inadmissible discipline, pursuant to Section 12.4(b), shall be removed from the Employee’s personnel file upon the expiration of the discipline and placed in a file for outdated discipline. The admissibility restrictions of this Section shall not apply to any record of discipline for theft; falsification of records; destruction of Employer equipment, property, or records; or mistreatment or neglect of clients or family members, members of the public, or other employees (where such abuse or neglect has resulted in more than a verbal or written reprimand).
Section 12.5. Prior to the discharge, reduction, or suspension of any Employee who has completed his or her probationary period, the Employer shall provide the Employee with written notice of the charges against him or her, an explanation of the Employer’s evidence, and an opportunity to present a response to the charges. The Executive Director or his or her designee shall conduct this pre-date disciplinary hearing. The Executive Director’s designee may not be someone who witnessed the offense in question or was involved with the disciplinary investigation, or an administrator or manager in the Employee’s direct chain-of-command. Before the hearing, in order to minimize any perception of prejudgment or bias, the agency will provide the hearing officer only with the notice of the hearing and only such other information as the hearing officer has a reasonable need to know. If the Union or Employee believe that these requirements have not been complied with, the Employee or Union must submit a written objection to the appointment of the hearing officer to the Human Resources Director, together with evidence of the claimed violation. At that point, the Executive Director may conduct the hearing personally or may, in his or her sole discretion, appoint a hearing officer from outside the agency. Following the hearing, the designated hearing officer shall not discuss the case further with counsel for the agency until he or she has submitted a written recommendation to the Executive Director, with the understanding that the Executive Director remains free to consult with counsel or other managers before issuing a final decision. The notice of the date, time, and location of the hearing, together with the charges to be considered, shall be served upon the Employee no later than seventy-two (72) hours before the hearing. If, in the Employer’s judgment, the presence of the Employee pending the outcome of the pre-disciplinary hearing might create disturbance or disruption in the workplace, the Employer may place the Employee on suspension pending the outcome of the hearing. Any such pre-hearing suspension shall be with pay unless there has been an independent finding of probable cause, such as an indictment or arrest followed by a court determination of probable cause. Upon request of the Employee or the Union representative, the Employer shall provide a copy of all written materials to be used as evidence in the hearing to the Employee or representative no less than forty-eight (48) hours prior to the beginning of the hearing.
Section 12.6. If an Employee is notified of a pre-disciplinary hearing or called in for a meeting that may lead to disciplinary action against the Employee, the Employee may, at his or her option, be accompanied by a Union representative. At the point at which the supervisor or other management representative determines that an Employee is the target of probable disciplinary action, the Employer shall notify the Employee of the possibility of disciplinary action before commencing or continuing with an interview of the Employee who is the target of the investigation. The parties expressly agree that the obligation to provide this notification is not triggered until the Employer determines that disciplinary action against the Employee is probable, and that the Employer may conduct initial fact-finding discussions with the Employee regarding complaints or charges without providing such notification. If the Employee who is the target of a disciplinary action investigation requests Union representation, the Employer shall suspend further discussions with that Employee until the presence of a Union xxxxxxx or official can be secured. If an Employee elects not to be accompanied by more a Union representative, he or she must sign a written waiver of representation, with a copy of the waiver provided to the Union. An Employee electing to proceed without Union representation is not entitled to other representation, by counsel or otherwise.
Section 12.7. Upon request of the Employer, an Employee who has been absent from work for a scheduled shift (other than one (1vacation or an approved leave of absence, which are covered by other Articles herein) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which must furnish proof satisfactory to the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment Employer justifying the reason for the absence or Violence in the Workplace shall not be subject to disciplinary action.
Section 12.8. Following the discharge of an Employee, the Employer shall request the Auditor to issue a warrant, in the next subsequent pay period, to the Employee for all wages and other compensation earned and due to the Employee, less any deduction for County property withheld or debts owed pursuant to law or this provisionAgreement.
Section 12.9. The Executive Director shall submit his or her recommendation for a suspension or discharge of an Employee for approval by the Board of County Commissioners in accordance with Ohio law.
Section 12.10. Managers who are responsible for quality assurance, family support services, or who serve as an agency ombudsman shall have no authority to issue disciplinary action to any Employee except for one under his or her direct supervision. Further, while managers who perform these functions may share with the Executive Director or the Human Resources Department any information or concerns regarding Employee performance that may have arisen in the course of performing his or her duties, he or she shall have no authority to recommend disciplinary action or specific amounts of such discipline under the provisions of this section.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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-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 's decision or by reinstating the discharged or suspended employee with full compensation for lost timetime lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitratorof a Board of Arbitration if the matter is referred to it.
(b) The Owner agrees that whenever an interview is held with an employee regarding their his work or conduct which becomes part of their his record, the store xxxxxxx on duty or another bargaining unit employee who if there is at work chosen by no xxxxxxx in the employee store then the Union Area Representative shall be presentpresent at such interview. 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 given to the Union Office as soon as possible, but no more than within 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 Other 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 discipline arising from Harassment or Violence in the Workplace shall not Workplace, all discipline will be subject to this provision.removed from an employee’s file twelve (12) months after the discipline was issued
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. (a) No employee10:01 The Company reserves the right to discipline, who has acquired senioritydemote, shall be discharged or disciplined except suspend and/or discharge an employee for just and sufficient reasonable cause.
10:02 Without limiting the generality of subparagraph 10:01, the Company and the Union agree that failure on the part of the Dependent Contractors (that is, employees referred to in subparagraph 3:01 (i) and (ii) to pay the Company dispatch fees (referred to in Schedule 1) and any other outstanding sums within 30 days after due date may result in dismissal and reassigning of the Dependent Contractor’s position. Such action shall be subject to grievance at step 3 of the grievance procedure.
10:03 An employee shall have the right to have a Shop Xxxxxxx present during any discussion with the Company, the purpose of which is to administer disciplinary action or penalty. The Union agrees to co-operate Company will, where practicable, notify the employee 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 advance of the parties or an Arbitrator.
(b) The Owner agrees meeting of the purpose of the meeting so 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 will have a reasonable opportunity to have a Shop Xxxxxxx present. The party representing This provision shall not apply to discussions which involve 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 operational requirements of the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is Company and do 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 involve disciplinary action by more than one (1) year the Company.
10:04 An employee disciplined/discharged for any cause will be notified in writing of the reasons for the discipline/discharge at the time of the discipline or, at the earliest possible date thereafter. A copy of the reasons for discipline will be sent to the Union.
10:05 The Company shall not be adduced in evidence against arrange for an employee to view his personnel file in any subsequent the presence of both a Company representative and the Union representative.
10:06 An employee covered by this Agreement shall have the right to refuse to cross a legal picket line without having such act deemed grounds for disciplinary proceedings in which action by the Company or otherwise to be a violation of this Agreement.
10:07 Whenever an employee is required by the Company to sign a document that reflects receipt of notification of discipline, the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in does so only to acknowledge receipt of the Workplace notice.
10:08 The Company shall not be subject make every reasonable effort to this provisionprovide a Dependent Contractor with written notice prior to imposing discipline on any driver employed by the Dependent Contractor.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. In the event of an employee being discharged from em- ployment or disciplined, without just cause, the case may be taken up as a grievance. Such grievance shall commence at Step ‘2 by the grieved employee and Xxxxxxx shall present to the Director of Manufacturing in writing a statement of the grievance signed by the employee and the grievance will then be dealt with by the usual Grievance and Arbitration Procedure. Such grievance must be commenced within five (a5) No employee, who has acquired seniority, shall be discharged working days of discharge 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 The aggrieved employee may have the assistance of his her Xxxxxxx in the preparation of the grievance. Such grievances may be settled by confirming the CompanyMan- agement’s decision action in dismissing the employee, or by reinstating rein stating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicable, time or by any other arrangement as to compensation which is just and equitable in the opinion of the parties conferring parties, or an Arbitrator.
(b) The Owner agrees that whenever an interview in the opinion of the Arbitration Board if the matter is held with an employee regarding their work or conduct which becomes part of their recordreferred to such a Board. Management will issue a verbal warning before further disciplinary action is taken, unless 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 circumstances jus- tify immediate discipline or discharge. One If a warning is to be given, it shall be given in the presence of Union Commit- tee Member or Xxxxxxx. A copy shall of all warnings will be given to the employee Department Xxxxxxx not later than two days after the incident. The Company 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 agree that disciplinary warning or reprimand which is not in writing penalties shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved.
(c) Disciplinary imposed reasonably or unjustly. Verbal warnings and/or reprimands which pre-date a and all other records of disciplinary action by more than will be removed from an employee’s file after one (1) year shall not be adduced in evidence provided that during this period no further disciplinary has been taken against an employee in any subsequent disciplinary proceedings in which the employee is involvedthat employee. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence Notwithstandinganything in the Workplace Agreement, no dispute as to the discharge or layoff of any probationary employee, with the Company, shall not be subject to this provisionconsidered under the Griev- ance Procedure.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employeeQuest shall not discharge, who has acquired seniority, shall be discharged discipline or disciplined except for suspend any employee without just and sufficient cause. The Union, the Union agrees to co-operate Representative, and the employee involved shall be advised in an endeavour to correct inefficiencies writing of employees which might necessitate any discharge, suspension or 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 A copy 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 notice given to 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 mailed to the Union Office as soon as possiblewithin forty-eight (48) hours. A grievance by an employee claiming that s/he has been unjustly or improperly discharged, but no more than seven disciplined or suspended must be submitted to Quest, in writing, within ten (710) days of the incident giving rise thereto.
(b) A written notification of discharge, disciplinary warning action or reprimand which suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not in writing submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. The time limits specified herein shall exclude Saturdays, Sundays and holidays. Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, a Quest representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued, an employee shall have the right to have a Union Representative at either of these conferences. In the event a Union Representative is requested, but not available, Quest may temporarily remove the employee from the performance of his/her work but may not proceed with the discipline until such time as a representative is available. A discipline shall not be adduced issued more than twenty-five (25) days after the event/incident that led to the issuance of the discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under Quest's Attendance/Lateness Policy and Procedure will be excluded from this limit. For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. The discipline shall be removed from the employee's personnel record after twelve (12) months, if there are no further disciplines for "no-call, no-show" during the twelve (12) month period. Absences and lateness are factors considered in evidence against an employee determining overall job performance. Therefore, excessive absenteeism and/or lateness can result 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 up to and including termination of employment. Employees should adhere to departmental expectations and guidelines with respect to call-out protocols. Employees are responsible for remaining informed of these practices and/or any changes 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 provisionpractices as they occur.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 endeavor to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the CompanyEmployer’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 Employer 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.
Appears in 1 contract
Samples: Collective Agreement
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 a Union Representative or a shop 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 given to the Union Office as soon as possible, but no more than within 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 dealing with Violence/Harassment or Violence in the Workplace shall not be subject to this provisionclause.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour endeavor 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 his work or conduct which becomes part of their his record, the Union Area Representative or 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 given to the Union Office as soon as possible, but no more than within 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.
Appears in 1 contract
Samples: Collective Agreement