DISCHARGE AND SUSPENSION CASES. 12.01 A claim by an employee who has completed the probationary period that he/she has been unjustly discharged or suspended from his/her employment will be treated as a special grievance commencing at Step 3 of the Grievance Procedure, provided such claim is filed with the Employer within six (6) days after the discharge or suspension occurs.
DISCHARGE AND SUSPENSION CASES.
10.01 The discharge of an employee prior to the completion of his/her probationary period shall not be the subject of a grievance.
10.02 Where an employee is suspended or discharged after the completion of his/her probationary period, the employee and the Association shall be informed, at the same time, of his/her suspension or discharge. The employee will be entitled to be accompanied to this meeting by an Association representative. A written confirmation of said discharge or suspension shall be provided to the employee and the Association within five (5) days.
10.03 An employee who has completed his/her probationary period may initiate a problem/complaint at Step Two of the Problem Resolution Procedure alleging that she/he has been unjustly discharged/suspended. Such problem/complaint shall be filed within five (5) days after the discharge/suspension has been affected.
10.04 A grievance filed under the terms of Article 10.03 may be settled under the grievance or arbitration procedure by:
a) confirming the University's action in discharging/suspending the employee,
b) reinstating the employee without loss of seniority and with full compensation for time and credits lost, or,
c) by any other arrangement which may be deemed just and equitable.
10.05 Employees who have completed their probationary period have the right to review their Human Resources file not more than once yearly. In order to do so, employees are to submit their request, in writing, to the Staff Relations section of Human Resources. An appointment to review the Human Resources file will be arranged within three (3) working days in Human Resources of the receipt of the request or within practical limitations.
10.06 It is agreed that disciplinary letters within employees' Human Resources files shall be removed after a two (2) year period provided that no further discipline has been recorded within that two (2) year period.
DISCHARGE AND SUSPENSION CASES. 11.01 Except for probationary employees, any employee discharged or suspended from employment who feels that an injustice has been done may file a grievance in writing with the Facility Manager within two (2) full working days following the day of discharge or a period of time mutually agreed upon in writing by the parties. A meeting shall be held within two (2) full working days thereafter between Management and the Chief Xxxxxxx to deal with the grievance.
11.02 Management will render its final decision in writing no later than two (2) full working days following the date of such meeting.
11.03 If such decision is not satisfactory to the Union, the grievance may then be referred to arbitration within five (5) full working days of receipt of Management’s final answer or the grievance shall be considered settled at that point.
11.04 Such special grievance may be settled by confirming the Management’s action in dismissing or suspending the employee or by re-instating the employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties.
11.05 The Company agrees that disciplinary warnings shall be removed from an employee’s record on the following basis: Should an employee have a disciplinary notice placed in his personnel file it shall be removed after six (6) months with the exception that should an employee have a second disciplinary notice placed in his file during the six (6) month period such notice which was given last will remain on file for twelve months. However, in the case of suspension, which is upheld by the Company or by arbitration, such notice and record will remain on file for twelve (12) months. Following the date of ratification if an employee has been disciplined for a violation of the Employer’s Anti-Violence, Anti-Harassment, Anti-Discrimination and Anti-Bullying Directive such cases will automatically remain on file for twelve (12) months. CAN DMS: \131632167\1 7
11.06 An employee who is discharged or suspended shall have the right to an interview with a Union Official before leaving the Plant but in any event away from the source of the infraction.
11.07 Employees will be expected to comply with the Company’s attendance policies as contained in the RDC ATTENDANCE POLICY FOR CANADA, as reasonably amended by the Company from time to time and understand that they will not be subject to discipline for absences due to legitimate illness, injury or for other reaso...
DISCHARGE AND SUSPENSION CASES. 9.01 An employee who is suspended for three (3) days or less shall be given the reason(s) for such suspension verbally, at that time, and promptly thereafter in writing with a copy to the Union. A grievance of a suspension will commence at Step I.
9.02 An employee who is discharged or suspended for more than three (3) working days will be given the reason(s) in writing promptly, with a copy to the Union and can confer with the area xxxxxxx on the employer's premises. A grievance may be filed at Step II of the Grievance Procedure within three (3) working days after such discharge or suspension.
9.03 No employee shall be discharged without just cause.
9.04 Where a grievance which is filed under Article 9 is not settled and duly comes before an Arbitration Board, the Board may make a ruling:
9.04.01 confirming the employer's action;
9.04.02 reinstating the employee with compensation for regular time lost; or
9.04.03 disposing of the grievance in any other manner which they consider to be just and equitable.
9.05 An employee shall be notified in writing, with a copy to the Union, of any expression of dissatisfaction concerning the employee's work within fifteen (15) working days of the event of the complaint. This notice shall include particulars of the work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of the employee's record for use against the employee at any time.
9.06 The record of an employee shall not be used against the employee at any time in the following instance:
9.06.01 When twelve
DISCHARGE AND SUSPENSION CASES. 13.01 In the event of an employee who has attained seniority being discharged or suspended from employment, and the employee feeling that an injustice has been done, the case may be taken up as a grievance.
13.02 A claim by a nurse who has attained seniority and is covered by this Agreement, that he/she has been discharged or suspended, without just cause, shall be treated as a grievance, if a written statement of such grievance is lodged at Step No. 2 of the Grievance Procedure within ten (10) days after the occurrence of such discharge or suspension. The Employer shall notify the nurse of his/her right to have an Association representative present at any meeting to be held with the Employer where a discussion of his/her discharge, suspension, or discipline takes place. If the nurse is to be discharged, suspended, or disciplined, a copy of the letter of discharge, suspension, or discipline shall be forwarded to the Association. The Employer agrees to provide written reasons within a reasonable period of time to the affected nurse in the case of a discharge, suspension, or discipline.
13.03 Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties.
DISCHARGE AND SUSPENSION CASES. 24.01 The purpose of a formalized disciplinary policy is to have a system which identifies non-compliance with company rules, procedures and job performance standards, and to implement consistently and impartially procedures that will ultimately lead to either correction or termination; the choice will be made by the employee whose behaviour is in question. It is the Employer’s desire to institute a Responsible and Progressive Discipline Approach which by definition is the development in people of a willingness to obey and abide by company rules, regulations and job performance standards. The aim is to help, not to harm the individual.
24.02 If an employee knowingly violates a company rule, or their job performance does not meet reasonable expectations, then disciplinary action is called for. After identifying the problem, the supervisor will counsel the employee on the need to improve, and in addition, make sure that:
a. there are no work conditions and job related issues preventing the employee from performing the job.
b. proper on-the-job training has taken place.
c. the employee has received regular performance feedback and reviews.
24.03 If sub-standard performance or rule violations persist, then formal disciplinary action is called for and in most cases will take the following progressive steps: Counselling interviews which would be attended by the supervisor and the employee.
a. Verbal warning.
b. Written warning with a copy sent to the Union.
c. Suspension without pay.
DISCHARGE AND SUSPENSION CASES. 11.01 A claim by an employee who has successfully completed the probationary period that he/she has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Director at Step No. 2 of the grievance procedure within ten (10) working days after the former employee ceases working for the Employer and, for the purposes of this Article, Step No. 1 shall be waived. Such special grievance may be settled by mutual agreement at any time, including after the release of the arbitration award, by:
a) confirming the management's action in dismissing or suspending the employee; or
b) reinstating the employee with full compensation for time lost; or
c) any other arrangement which is just and equitable in the opinion of the parties.
DISCHARGE AND SUSPENSION CASES. 17.01 A claim by an employee or the Union that he/she has been unjustly discharged or suspended from his her employment shall be treated as a grievance if a written statement of such grievance is lodged with the Company within five (5) working days after the employee is informed of the discharge or suspension.
17.02 All limits specified herein may be extended by the mutual consent of both parties.
DISCHARGE AND SUSPENSION CASES. 9.01 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. The Employer agrees that where a nurse is required to attend a meeting with the Employer that will likely lead to disciplinary action, as a good labour relations practice, it will inform the nurse of the purpose of the meeting.
9.02 A nurse who is discharged or suspended may file a grievance at Step #2 of the grievance procedure within ten (10) calendar 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 Arbitration Board, the Board may make a ruling, subject to this Article and to Article 10;
(a) Confirming the Employer's action
(b) Reinstating the nurse with compensation for regular time lost subject to the nurse's duty to mitigate; or
(c) Disposing of the grievance in any other manner which may be just and equitable.
DISCHARGE AND SUSPENSION CASES. An employee who is discharged or suspended shall be given a reasonable opportunity to interview his/her xxxxxxx. An employee suspended for more than three working days may file a grievance at Step 2 of the Grievance Procedure within three working days of the suspension. An employee suspended for three working days or less may file a grievance at Step 1 of the Grievance Procedure within three working days of the suspension.
