Common use of DISCHARGE AND SUSPENSION CASES Clause in Contracts

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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 herein.

DISCHARGE AND SUSPENSION CASES. 11.01 Except for probationary employees9.01 In all cases where an employee who has acquired seniority with the Employer is discharged or suspended, any the Employer shall notify the Union. The Union, or the employee who has acquired seniority with the Employer who believes he has been unjustly 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 Unionmay, the grievance may then be referred to arbitration within five (5) full working days of receipt notice of Management’s final answer discharge or suspension, file a grievance at Step 2 with the Transportation Manager and the grievance shall be considered settled at that pointdealt with in accordance with Step 2 and the balance of the Grievance Procedure. 11.04 Such special grievance may be settled by confirming 9.02 The Employer agrees that where meetings are held with employees who have acquired seniority with the Management’s action in dismissing Employer, which implement discharge or suspending suspension, the employee has the right to have the delegate present if he so desires. An employee who has acquired seniority with the Employer, who is discharged or by re-instating suspended shall also be given a reasonable opportunity to an interview with his delegate before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to his discharge including, but not limited to, circumstances such as safety, drunkenness, fighting, theft or any other similar serious matter, to require the immediate expulsion of the employee with full compensation for time lost from the 9.03 All warnings shall be given in writing. Any warning 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 action shall be removed from an employee’s 's record on after the following basis: Should an employee have a disciplinary notice placed in his personnel file it shall be removed after six expiry of two (62) 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 years from the date of ratification issue if an employee has no disciplinary action or warnings have been disciplined for a violation of issued within the Employer’s Anti-Violence, Anti-Harassment, Anti-Discrimination and Anti-Bullying Directive such cases will automatically remain on file for twelve two (122) 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 infractionyear period. 11.07 Employees will be expected to comply with 9.04 Where a suspension or discharge grievance is not settled and becomes 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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In additionmatter of an arbitration, the Company’s policy will comply with arbitrator may substitute such other penalty for the language of 11.05 hereindischarge or suspension as to the arbitrator seems just and reasonable in all the circumstances.

DISCHARGE AND SUSPENSION CASES. 11.01 Except for 8.01 A claim by an employee who has completed the probationary employees, any employee period that he has been discharged or suspended from employment who feels that an injustice has been done may file without just cause shall be treated as a grievance in writing if a written statement of such grievance is lodged by the employee concerned with the Facility Plant Manager within two (2) full working days following the day at Step No. 2 of discharge or a period Article 7.03 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 procedure within five (5) full working days after the employee ceases working for the Company, or within five (5) working days of receipt of Management’s final answer or the grievance shall be considered settled at that point. 11.04 being suspended. Such special grievance grievances may be settled by by: (a) confirming the Management’s management's action in dismissing or suspending the employee or by re-instating employee; or (b) reinstating the employee with full or partial compensation for time lost or by lost; or (c) any other arrangement which is just and equitable in the opinion of the conferring con- ferring parties, or the Single Arbitrator, as the case may be. 11.05 8.02 The Company agrees and the Union agree that, if necessary, employees are to be disciplined in a progressive manner and the parties further agree that progressive discipline will be carried out unless given circumstances justify immediate disci- xxxxx of a more severe nature, including discharge. 8.03 A copy of written warnings and reprimands shall be given to the employee concerned with a copy going to the Union Plant Chairman. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or un- justly. Written disciplinary warnings shall more than one (1) working year old (240 days worked) will not be removed from an employee’s record on the following basis: Should an employee have a used in any subsequent 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 action provided there has 8.04 When an employee has been disciplined for a violation of the Employer’s Anti-Violencesuspended without notice, 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 he/she shall have the right to an interview meet privately with his/her Shop Xxxxxxx on Company premises for a Union Official before leaving the Plant but in any event away from the source pe- riod not to exceed 30 minutes, provided that there is a Shop Xxxxxxx on duty and readily available without disruption of the infractioncompany operations. 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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 herein.

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 8:01 In the Facility Manager within two (2) full working days following case of the day of discharge or suspension of an employee, the Employer shall direct a period of time mutually agreed upon in writing by letter to the parties. A meeting shall be held within two (2) full working days thereafter between Management and the Chief Xxxxxxx to deal employee, 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 a copy to the Union, confirming such discharge or suspension and the reasons for such action. Any claim of discharge or suspension, that is without just cause, of an employee who has completed the probationary period, may be submitted to the grievance may then be referred to and arbitration procedures within five (5) full working days of receipt the date of Management’s final answer discharge or suspension. Such grievances shall commence at Step 2 of the grievance shall be considered settled at that pointprocedure. 11.04 Such special 8:02 A discharge or suspension grievance may be settled by confirming the Management’s Employers action in dismissing or suspending the employee employee, or by re-instating reinstatement of the employee with full compensation for time lost 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 8:03 Employees shall be removed from an employee’s record on entitled to be accompanied by a Union Committeeperson when interviewed in the following basis: Should an employee have course of a disciplinary notice placed in his personnel file it shall be removed after six investigation. It is understood that probationary employees are entitled to Union representation pursuant to this sub- article. 8:04 Any disciplinary notation wherein a suspension has been i ssued will remain against the record of the employee for eighteen (618) months with from the exception that should an employee have date of notation, at the end of which time, such notation will be cleared. Any disciplinary notation for a second disciplinary notice placed in his file during the six (6) month period such notice which was given last minor infraction will remain on file for twelve months. However, in against the case record of suspension, which is upheld by the Company or by arbitration, such notice and record will remain on file any employee for twelve (12) months. Following months from the date of ratification if an employee has been disciplined for a violation notation, at the end of the Employer’s Anti-Violencewhich time, Anti-Harassment, Anti-Discrimination and Anti-Bullying Directive such cases notation will automatically remain on file for twelve (12) months. CAN DMS: \131632167\1 7be cleared. 11.06 8:05 An employee who is discharged or suspended shall have the right to an interview union representative with a Union Official before leaving the Plant but in any event away from the source of the infraction. 11.07 Employees consent will be expected allowed to comply with see an employee’s record at the Company’s attendance policies as contained in the RDC ATTENDANCE POLICY FOR CANADA, as reasonably amended by the Company from time to time of being disciplined and understand that they will not be subject to discipline for absences due to legitimate illness, injury / or for other reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 hereinonce per year.

DISCHARGE AND SUSPENSION CASES. 11.01 a) 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 b) Management will render its final decision in writing no later than two (2) full working days following the date of such meeting. 11.03 c) 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 d) 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 e) 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. f) 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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 herein.

DISCHARGE AND SUSPENSION CASES. 11.01 Except for 8.01 A claim by an employee who has completed the probationary employees, any employee period that he has been discharged or suspended from employment who feels that an injustice has been done may file without just cause shall be treated as a grievance in writing if a written statement of such grievance is lodged by the employee concerned with the Facility Plant Manager within two (2) full working days following the day at Step No. 2 of discharge or a period Article 7.03 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 procedure within five (5) full working days after the employee ceases working for the Company, or within five (5) working days of receipt of Management’s final answer or the grievance shall be considered settled at that point. 11.04 being suspended. Such special grievance grievances may be settled by by: (a) confirming the Management’s management's action in dismissing or suspending the employee or by re-instating employee; or (b) reinstating the employee with full or partial compensation for time lost or by lost; or (c) any other arrangement which is just and equitable in the opinion of the conferring con- ferring parties, or the Single Arbitrator, as the case may be. 11.05 8.02 The Company agrees and the Union agree that, if necessary, employees are to be disciplined in a progressive manner and the parties further agree that progressive discipline will be carried out unless given circumstances justify immediate disci- xxxxx of a more severe nature, including discharge. 8.03 A copy of written warnings and reprimands shall be given to the employee concerned with a copy going to the Union Plant Chairman. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or un- justly. Written disciplinary warnings shall more than one (1) working year old (240 days worked) will not be removed from an employee’s record on the following basis: Should an employee have a used in any subsequent 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 action provided there has been no repetition of any similar infraction during the six one (61) month period such notice which was given last will remain on file working year period. Refer to Letter of Understanding 'A' 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 clarification regarding minor infractions. 8.04 When an employee has been disciplined for a violation of the Employer’s Anti-Violencesuspended without notice, 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 he/she shall have the right to an interview meet privately with his/her Shop Xxxxxxx on Company premises for a Union Official before leaving the Plant but in any event away from the source pe- riod not to exceed 30 minutes, provided that there is a Shop Xxxxxxx on duty and readily available without disruption of the infractioncompany operations. 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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 herein.

DISCHARGE AND SUSPENSION CASES. 11.01 Except for probationary employees, any A claim by an employee who has completed probation that she has been unjustly discharged or suspended from employment who feels that an injustice has been done may file shall be treated as a grievance in writing if a written statement of such grievance is lodged 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 partiesEmployer at Step No. 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 after the discharge or the grievance shall be considered settled at that point. 11.04 suspension is effected. Such special grievance may be settled by under the Grievance or Arbitration Procedure by: a) confirming the Management’s Employer's action in dismissing or suspending the employee; reinstatingthe employee or by re-instating the employee without loss of seniority and with full compensation for compensationfor time lost lost; or by any other arrangement which is may be deemed just and equitable equitable. An employee subject to disciplinary action which is to be recorded in the opinion employee’s personnel file, shall have the right, if she so requests, to the presence of the conferring parties. 11.05 The Company agrees that disciplinary warnings shall be removed from an Union Xxxxxxx or if the Xxxxxxx is not available, a member representativeof the employee’s record choice who is working 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 monthscurrent shift. 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 When an employee has been disciplined for a violation of dismissed or suspended, the Employer’s Anti-Violence, Anti-Harassment, Anti-Discrimination Xxxxxxx shall be notified and Anti-Bullying Directive such cases will automatically remain on file for twelve (12) months. CAN DMS: \131632167\1 7 11.06 An the employee who is discharged or suspended shall have the right to an interview with her Xxxxxxx if available for a Union Official reasonable period of time before leaving the Plant premises. I Any written warning to be placed in the employee’s files, the employee will be given two (2)copies with the instruction that one (1) copy is to go to the Union (if so desires). Upon receipt of said copies, the employee must sign the original copy on file indicating that she did in fact receive the copies but in any event away not to admit guilt or to agree with the action taken by the Employer. Any unjust action may be the subject of the Grievance Procedure. A written warning to an employee will be removed from the source Employer’s file if no other disciplinary action is taken against the employee for a period of twelve (12)months from the date of the infraction. 11.07 Employees written warning. When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two (2)so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairmanwithin ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2)nominees first appointed shall be at liberty prior to the expiration of ten (I 0) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (1 0) days, to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chai n The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be expected final and binding upon the Employer, the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness. All reasonable arrangements will be made to comply permit the conferring parties or the Boardof Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the Company’s attendance policies as contained in function of 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 reasons protected by this Agreement or relevant employment standards and human rights legislation. In addition, the Company’s policy will comply with the language of 11.05 hereinNursing Home.