Common use of DISCHARGE AND DISCIPLINE Clause in Contracts

DISCHARGE AND DISCIPLINE. The Employer agrees that, except for probationary Employees and in circumstances as set forth below, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify the Union in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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DISCHARGE AND DISCIPLINE. A. The Employer agrees thatAssociation recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, except for probationary Employees the directives of his/her supervisor, and in circumstances as set forth belowaccordance with good judgment, common sense and ever mindful to the concept well being of progressive the students of the School District. The Board recognizes that discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or and/or discharge an Employee from employment for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse 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 grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy assessment of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employer agrees Employee shall also have the right not to promptly notify have the Union in writing Association representative present at a disciplinary conference. The imposition of such suspension or dischargediscipline may not be unreasonably delayed for the presence of an Association representative. Such notice will contain Verbal reprimands may be imposed immediately by management but the reasons underlying Employee may request a follow-up conference at a later time to discuss the suspension or discharge. 2matter with an Association representative present. It is understood and agreed that when an Employee files a grievance with respect to his suspension or dischargediscipline should be imposed in private between the supervisor, the act Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of filing such grievance the presence of other Employees. All discipline shall constitute his authorization remain confidential to the Employer 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 reveal disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to the participants in exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure any commencing with the second step. E. Any Employee given discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense and all information available the action taken with a copy sent to the Employer concerning the alleged offense Association President and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosureVice- President. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. A. The Employer agrees thatAssociation recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, except for probationary Employees the directives of his/her supervisor, and in circumstances as set forth belowaccordance with good judgment, common sense and ever mindful to the concept well being of progressive the students of the School District. The Board recognizes that discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or and/or discharge an Employee from employment for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse 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 grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy assessment of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employer agrees Employee shall also have the right not to promptly notify have the Union in writing Association representative present at a disciplinary conference. The imposition of such suspension or dischargediscipline may not be unreasonably delayed for the presence of an Association representative. Such notice will contain Verbal reprimands may be imposed immediately by management but the reasons underlying Employee may request a follow-up conference at a later time to discuss the suspension or discharge. 2matter with an Association representative present. It is understood and agreed that when an Employee files a grievance with respect to his suspension or dischargediscipline should be imposed in private between the supervisor, the act Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of filing such grievance the presence of other Employees. All discipline shall constitute his authorization remain confidential to the Employer 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 reveal disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to the participants in exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure any commencing with the second step. E. Any Employee given discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense and all information available the action taken with a copy sent to the Employer concerning the alleged offense Association President and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosureVice-President. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. The Employer agrees that, except for probationary Employees and in circumstances as set forth below, the concept Maintenance of progressive discipline is here by adopted to govern disciplinary action. Discipline It is also understood and agreed that the Employer reserves maintenance of discipline is essential to the right to suspend satisfactory operation of the plant. Notice of Suspension, Disciplinary Layoff or The plant management agrees promptly upon the suspen- sion, disciplinary layoff or discharge of an Employee employee including a probationary employee who has worked for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse the plant more than thirty days to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify the Union in writing the employee and the Xxxxxxx or Plant Shop Committeeperson in the district of such suspension the suspension, disciplinary layoff or discharge, and the reason therefor. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files be provided at a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization reasonable time where practicable prior to the Employer end of the shift and will advise the employee that the employee has the right to reveal request union representation. If such an employee is absent from the plant at the time the action is taken, or where it was not practicable to provide written notice prior to leaving the plant, management will send to the participants in employee’s last known address notice ofsuspension, disciplinary layoff or discharge and notice that the grievance procedure any and all information available employee has the right to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3request representation. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. Union Representation The discharged or disciplined Employee will be allowed employee may ask to discuss his the suspension, disciplin- ary layoff or discharge or discipline with either the Xxxxxxx or alternate Xxxxxxx of Plant Shop Committeeperson for the group district and the Employer management will make available des- ignate an area office where he the employee may do so before he the em- ployee is required to leave the property of the Employerplant. Upon request, the Employer employee’s Supervisor or his designee other designated representative of management will discuss the suspension, disciplinary layoff or discharge or discipline with the Employee employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 the Plant Shop Committeeperson. In proper cases, exceptions shall be made. Appeal of Discharge Should a discharged employee or the Union representative and the Plant Shop Committee consider the discharge to be im- proper, acomplaint shall be presented in writing through Committee to the designated Labour Relations Representative within forty-eight hours of the discharge. The Management of the plant will review the discharge and give its answer within seventy-two hours after receiving the complaint. The Man- agement of each plant is to settle such matters. If the Employer believes that an Employee has violated a department rule or rulesdecision is not satisfactory to the Union, the Employer matter shall promptly notify be referred to Step 2 of the Employee grievance procedure within five working days after the Management gives its answer to the Union. Use of such.Past Record In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than three years previously nor impose discipline on an employee for falsification of the employee’s employment appli- cation after a period of eighteen months from the employee’s date of hire. Work Standards

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. The Employer agrees that11.01 Management shall not take disciplinary action without first informing the Employee, except for probationary Employees and in unless the circumstances as set forth below, justify immediate discipline or discharge. Any discipline must occur within the concept of progressive discipline is here by adopted Employee’s next 10 (ten) working days after the event which led to govern the disciplinary action. It is also understood and agreed In the event of a claim that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive disciplinehas been disciplined unjustly, provided however; non-probationary Employees or unreasonably, the grievance shall retain recourse to be filed at STEP ONE of the grievance procedure. It In the event of a claim that an Employee has been discharged unjustly, or unreasonably, the grievance shall be filed at STEP TWO of the grievance procedure. 11.02 The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. Every case of discharge shall be discussed with the Union. When discharge or discipline is also understood to take place, any written warnings shall be given or confirmed in the presence of a union xxxxxxx, if the Employee so requests. 11.03 If it is determined or agreed at any step in the grievance procedure or decided by an arbitrator that any Employee has been disciplined or discharged unreasonably, or unjustly, the management shall put the Employee back on their job with no loss of seniority and agreed that they shall pay the Employer Employee the amount the Employee would have earned had they been working, or by any other arrangements as to compensation which is just and equitable in the opinion of the parties or in the opinion of the arbitrator, if the matter is referred to such an arbitrator. 11.04 Upon request, the reasons for the termination of a probationary Employee will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided be presented to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary 11.05 All verbal and written disciplinary warnings shall be removed from the Employee’s record after two years. Viewing of the Employee’s file will be arranged through the Employee’s Supervisor and such review will occur on the Employee’s own time. Human Resources shall accompany the Employee who while the Employee is suspended or discharged and, who believes such viewing their file. Disciplinary warnings shall not be accumulative in that the discipline shall only escalate if the warning is without just cause, may file for the same repeated infraction. 11.06 When a written grievance related to such discipline provided such grievance is filed within under Article 11, the time limits in STEP ONE are to be reduced from five (5) working days to three (3) working days of issuance of such discipline.and from two (2) working days to one (1) working day. The Employer agrees time limits in STEP TWO are to promptly notify the Union be reduced from five (5) working days to three (3) working days in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or dischargeparagraph one and in paragraph two. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE AND DISCIPLINE. The Employer agrees that, except for probationary Employees 10.01 In the event that any regular employee be discharged or suspended from employment and in circumstances as set forth below, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed believes that the Employer reserves the right to suspend such discharge or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is suspension was without just cause, such discharge or suspension shall constitute a matter to be dealt with under the provisions of this Agreement respecting adjustment of grievances. Any such matter, if it is to be dealt with, shall in the case of a discharge be presented at the Third Stage of the grievance procedure (through the Director, Human Resources, Global Manufacturing & Logistics) within five (5) days, exclusive of Saturdays, Sundays and holidays, from the first day of such discharge, and in the case of a sus pension be presented at the Second Stage of the grievance procedure (through the Director, Human Resources, Global Manufacturing & Logistics) within five (5) days, exclusive of Saturdays, Sundays and holidays, from the last day of such suspension and not otherwise. At the time of giving notice of discharge or suspension to an employee, the Chief Xxxxxxx or another Association officer at the meeting shall accompany the employee unless the employee declines the Association representation in the presence of the Association. The Association will be allowed reasonable time to confer with the employee. The Company will attempt to provide the Association with advance notification and purpose whenever possible. The Company will give written notice, including brief description of the reason for such discharge or suspension to the Secretary - Treasurer of the Association and to the Chief Xxxxxxx and will give a copy of such notice to the regular employee. Any disciplinary action taken by the Company shall take place with reasonable promptness, which shall be understood to not be in excess of thirty (30) calendar days. 10.02 In the event that it should be decided that the discharge or suspension of any employee was without just cause, the Company shall reinstate such employee and pay compensation at the employee’s straight-time rate for time lost during such discharge or suspension, limited to a maximum of the scheduled hours worked during such time lost by the department or section thereof in which the employee was employed. Where the arbitrators determine that an employee has been discharged or suspended for just cause, the arbitrators may file substitute such other penalty for the discharge or suspension as the arbitrators deem just and reasonable in all the circumstances. 10.03 Upon such reinstatement there shall be deemed to have been no break in such employee’s continuous service. 10.04 It is recognized that the Company may, from time to time, have occasion to interview regular employees with respect to their job performance and that the objective of such interviews is corrective in nature, rather than punitive. Regular employees are able to take their own notes during these interviews. Should it become necessary to officially warn a regular employee that failure to improve the employee’s record with the Company may result in disciplinary action being taken, the warning shall be confirmed to the employee by the Company in writing and a copy of such letter will be mailed to the Association’s office. At any meeting where a regular employee is to receive a written grievance related warning that may result in disciplinary action being taken, the employee shall be accompanied by the Chief Xxxxxxx or another Association officer at the meeting unless the employee declines the Association representation in the presence of the Association. The Association will be allowed reasonable time to such discipline provided such grievance is filed within confer with the employee. The Company will attempt to provide the Association with advance notification and purpose whenever possible. After a period of twenty-four (24) months free of any written warning or suspension or a period of three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify the Union years in writing of such suspension any event, previous warnings or discharge. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. No member disciplinary actions shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedureremoved from a regular employee’s record. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. A. The Employer agrees thatAssociation recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, except for probationary Employees the directives of his/her supervisor, and in circumstances as set forth belowaccordance with good judgment, common sense and ever mindful to the concept well being of progressive the students of the School District. The Board recognizes that discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or and/or discharge an Employee from employment for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse 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 grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy assessment of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employer agrees Employee shall also have the right not to promptly notify have the Union in writing Association representative present at a disciplinary conference. The imposition of such suspension or dischargediscipline may not be unreasonably delayed for the presence of an Association representative. Such notice will contain Xxxxxx reprimands may be imposed immediately by management but the reasons underlying Employee may request a follow-up conference at a later time to discuss the suspension or discharge. 2matter with an Association representative present. It is understood and agreed that when an Employee files a grievance with respect to his suspension or dischargediscipline should be imposed in private between the supervisor, the act Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of filing such grievance the presence of other Employees. All discipline shall constitute his authorization remain confidential to the Employer 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 reveal disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to the participants in exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure any commencing with the second step. E. Any Employee given discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense and all information available the action taken with a copy sent to the Employer concerning the alleged offense Association President and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosureVice- President. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. The Employer EMPLOYER agrees thatnot to discharge or discipline any employees without good and sufficient cause; provided, except for probationary Employees and in circumstances as set forth belowhowever, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves EMPLOYER shall have the right to suspend or discharge an Employee any new employee for a serious infraction without instituting progressive disciplineany reason whatsoever during the first ninety (90) days of said employee’s employment period. In the event that EMPLOYER and UNION shall disagree as to the existence of proper cause for the discharge of any employee, provided however; non-probationary Employees excepting new employees discharged by the EMPLOYER within aforesaid ninety (90) days from the date of their employment, the matter shall retain recourse be subject to the grievance procedure. It is also understood and agreed that procedure in Article 21. (a) Where the Employer will review annually determines that a disciplinary situation does not warrant immediate suspension and/or discharge, the Employee shall receive written notification of thediscipline and amend that intended discipline shall be scheduled to occur no sooner than ten (10) working days from the date of the written notice. This period may be used by the Employee to grieve the matter if he/she so desires. If a grievance is filed, the discipline shall be held in abeyance while it is being pursued through and including Step III of the Grievance Procedure. (b) Where the Employer determines that a disciplinary situation warrants immediate suspension and/or discharge or for an offense of a continuing nature for which discharge is the intended action, the Employee shall receive the written notification of the intended discipline as necessary changes soon as it is prepared and available. In situations where the intended discipline is discharge, the Employee shall receive a ten (10) day suspension and notice of intent to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Uniondischarge him/her. The Union maintains all rights to bargain any and all changes to discharge shall be effective at the policies, procedures, rules and regulations as provided by end of the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file period unless a written grievance related to such discipline provided such grievance is filed within three during said ten (310) working days day period, in which case the suspension shall continue in effect and the discharge shall not become effective until Step III in paragraph (1) below of issuance of such disciplinethe Grievance Procedure is completed, unless the parties otherwise resolve the matter before that time. 1. The Employer agrees (c) Notice shall be given, to promptly notify the Union UNION and/or the designated Shop Xxxxxxx of any disciplinary action taken or to be taken. (d) In the event an employee is discharged, the employee shall receive his/her wages, less appropriate deductions, in writing of such suspension or discharge. Such notice will contain the reasons underlying pay period following the suspension or employee’s discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCHARGE AND DISCIPLINE. Section 9.1. The Employer agrees that, except for probationary Employees employees and in circumstances as set forth below, the concept of progressive discipline is here by hereby adopted to govern disciplinary action. It is also understood and agreed that the Employer employer reserves the right to suspend or discharge an Employee employee for a serious infraction without instituting progressive discipline, provided however; , non-probationary Employees employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 9.2. Any non-probationary Employee employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1. A. The Employer agrees to promptly notify the Union in writing of such suspension or discharge. Such , such notice will to contain the reasons underlying the suspension or discharge. 2. B. It is understood and agreed that when an Employee employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. C. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. D. The discharged or disciplined Employee employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, request the Employer or his designee designated representative will discuss the discharge or discipline with the Employee employee and the Xxxxxxx or Alternate alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated E. Use of past record: In imposing any discipline on a department rule or rulescurrent charge, the Employer shall promptly notify the Employee of such.will not take into account any prior infractions which occurred more than eighteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 9.01 No employee shall be discharged or disciplined except for just cause. Probationary employees may be terminated at the reasonable discretion of the Employer provided that its discretion is not exercised arbitrarily, in a discriminatory manner or in bad faith. This shall constitute a lesser standard than the just cause standard for discharge for such an employee for the purpose of Section 43.1 of the Ontario Labour Relations Act. 9.02 The Employer agrees thatshall, except as soon as possible, inform an employee in writing of the reasons for probationary Employees and in circumstances as set forth below, the concept of progressive discipline is here by adopted disciplinary action taken against them. An employee shall be entitled to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended any criticism, commendation, appraisal or otherwise revised changes rating of such employee's performance in their job that is placed in their file, and on an annual basis to said policy read their personal file and have corrected any confirmed error of fact therein. During a grievance concerning an employee, the employee or the Union (with the written consent of the individual concerned) may, upon request, read and be provided copies of material in the employee's personnel files. 9.03 If an employee believes they have been discharged contrary to the Union. The Union maintains all rights to bargain any and all changes to the policiesprovisions of 9.01 above, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, they may file a written grievance related with the Publisher within thirty (30) days after they have received notice of discharge. Step 1 of the grievance procedure shall be omitted in that case. 9.04 The Employer shall advise the employee that they have the right to such discipline provided such grievance is filed within three (3) working days of issuance have a xxxxxxx present at any disciplinary meeting, at the outset of such disciplinemeeting. 19.05 It is agreed that written letters of warning and reprimand or record of suspension shall be removed or deemed to be removed from an employee’s human resources file 18 months from the date of issue. In the application of the above language, the time limit provisions will not apply should further discipline be imposed within the referred time periods. For added clarity, the disciplinary file will remain fully active in this instance for all progressive discipline purposes. The foregoing will have no effect on the Employer’s right to rely on past conduct beyond these time limits to establish that the employee knew or ought to have known the company’s disciplinary rules. The Employer agrees not to promptly notify use such reliance for the Union in writing purpose of such suspension or discharge. Such notice will contain progressing disciplinary sanction(s) beyond what the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release specific conduct would warrant without consideration of the Employer from any and all claimed liability by reason of such disclosureprevious offence. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged or disciplined Employee will be allowed to discuss his discharge or discipline with the Xxxxxxx or alternate Xxxxxxx of the group and the Employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designee will discuss the discharge or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated a department rule or rules, the Employer shall promptly notify the Employee of such.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. The Employer agrees that, except for probationary Employees and in circumstances as set forth below, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the UnionSection 1. The Union maintains all rights to bargain City shall not discharge, suspend, or discipline any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is officer without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify the Union in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance but with respect to his discharge or suspension or discharge, the act shall have given two (2) written reprimands against such officer in writing and a copy of filing such grievance shall constitute his authorization same to the Employer Union and xxxxxxx. However, no such warning notice need be given to reveal an officer before he/she is discharged or suspended, if the cause of such discharge is dishonesty, recklessness that could resul t in serious accident while on duty, refusal to make required reports, insubordination, conviction of any criminal offense, except minor traffic offenses, improper use of City vehicles, equipment, or property, or general conduct tending to bring the Police Department into disrepute. General conduct tending to bring the Police Department into disrepute is intended to mean such personal conduct that, because of the officer, becomes a matter of public knowledge, that directly and adversely reflects upon the ability of the officer to instill confidence and/or respect in himself/herself as a police officer or the Police Department as a whole. Discharge must be by proper written notice to the participants in officer and the grievance procedure any Union, and all information available to the Employer concerning City shall cite specific charges against the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosureofficer. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4Section 2. The discharged or disciplined Employee suspended officer will be allowed to discuss his the discharge or discipline suspension with the Xxxxxxx or alternate Xxxxxxx of the group his/her xxxxxxx, and the Employer City will make available an area where he he/she may do so before he he/she is required to leave the property of the EmployerCity. Upon request, the Employer Chief, or his designee his/her designee, will discuss the discharge or discipline suspension with the Employee officer and the Xxxxxxx or Alternate Xxxxxxxxxxxxxx. Section 8.3 If 3. Should the Employer believes that an Employee has violated discharged, suspended, or disciplined officer and the xxxxxxx consider the discharge, suspension, or discipline to be improper, a department rule request may be presented in writing through the Union to the Chief, or ruleshis/her designee, within three (3) regularly scheduled working days of the Employer shall promptly notify discharge, suspension, or discipline. The Chief, or his/her designee, will meet with the Employee of such.affected officer and the xxxxxxx to review the discharge, suspension, or discipline and give his/her answer within three

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. The Employer agrees that1. No member of the Bargaining Unit shall be disciplined, except reprimanded, demoted, laid off, or discharged without just cause. Termination for probationary Employees and in circumstances as any of the eight (8) causes set forth belowin Section 1122 of the School Code shall be deemed “discharge for just cause.” Other personnel actions that comply with the procedural and substantive requirements of the School Code shall be deemed to be for “just cause.” 2. Notwithstanding the above provision, the concept of progressive discipline a temporary professional employee or non- tenured employee who is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves dismissed shall not have the right to suspend or discharge an Employee for bring a serious infraction without instituting progressive disciplinegrievance based upon the provisions of this article, provided however; non-probationary Employees but shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with a copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related be entitled to such discipline rights as are provided such grievance is filed within three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify under the Union in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or dischargePublic School Code, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosureas amended. 3. No member The time limit for the filing of a grievance over an employee’s discharge shall be required fifteen (15) days after the employee receives written notice of the discharge as provided in Section 1127 of the Public School Code, all provisions of Appendix D of this Agreement to make any statements concerning the alleged offense prior contrary notwithstanding. This fifteen (15) day time provision is intended to instituting permit the grievance procedureemployee an opportunity to effect the rights provided for in Paragraph 4 of this Article. 4. The discharged In the event that an employee or disciplined Employee the Association appeals the discharge through the grievance procedure as provided in Appendix D of this contract, the employee and the Association shall be deemed to waive the right of appeal to a court or administrative agency concerning such discharge. Further, should an employee appeal the discharge under the School Code or Administrative Agency Law, then the employee shall be deemed to have waived the right to proceed in that matter under the grievance procedure in Appendix D of this Agreement, and by the virtue of the exercise of that option the Association will be allowed deemed to discuss his have waived the right to file a grievance under the contract. 5. Nothing contained herein shall be construed to deny or restrict to any employee such right as may exist under Section 1133 of the School Code of 1949 as amended. 6. With respect to any discharge or discipline with case which is decided by an arbitrator, the Xxxxxxx or alternate Xxxxxxx Board and the Association each agree to waive the right to appeal the decision of the group and arbitrator to a court of record or to attack collaterally the Employer will make available an area where he may do so before he is required to leave the property decision of the Employerarbitrator in any other forum. Upon requestSince it is the purpose of this section to insure that arbitral decisions in discharge and discipline cases are final and not subject to modification or reversal by any outside agency, the Employer Board and Association each agree that they will not provide legal counsel to or his designee will discuss otherwise support any litigation undertaken by any individual in any forum for the discharge purpose of reversing or discipline with the Employee and the Xxxxxxx or Alternate Xxxxxxx. Section 8.3 If the Employer believes that an Employee has violated modifying such a department rule or rulesfinal award. By: By: Xxxx XxXxxxx, the Employer shall promptly notify the Employee of such.President Xxxx Xxxxx, President By: By: Xxxxx Xxxxxxxx, Chief Negotiator Xxxxxx X. Xxxxxxxx, Secretary DATE: DATE:

Appears in 1 contract

Samples: Negotiations Agreement

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