DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises. 10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration. 10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant. 10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days. 10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas. 10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been A. A suspended or dismissed on discharged seniority employee will be allowed to discuss his/her suspension or discharge with the Company premisesPresident or Vice President. The Board will allow the discussion before the employee is required to leave the property of the Board. If the President or Vice President is not available during the discharged employee’s shift, he shall be advised that he the employee may meet with his Committeeperson the President or Vice President on Board property up to twenty-four hours after the end of his/her shift. Nothing contained herein, however, shall prevent the Board from requiring the summary removal of the offending employee if it appears that the safety of any person, property, or the maintenance of order requires such summary removal. The President or Vice President will not allow other employees to become involved in private for a reasonable period the discussion. Upon request of timethe Association, not exceeding sixty (60) minutes, before leaving the plant premisesBoard’s designated representative will discuss the suspension with the Association representative and the employee.
10.02 A claim B. Grievances protesting the discharge or suspension will commence at Step Two and must be filed within three (3) working days after the action was taken. Failure to abide by this time limit shall be construed as a waiver, by both the Association and the employee involved, of any protest of the action. If a seniority employee is notified that he he/she will be suspended, the suspension will not take effect, if a timely grievance has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working daysfiled, until after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 third (3) step of the grievance procedure, and failing satisfactory settlement at this meetingunless the Board deems it is necessary to immediately suspend for maintenance of order, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationsafety of person(s) or property.
10.03 A Union representative C. Any award of back wages shall be present at all meetings between limited to the Company and one amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source during the period of back pay.
D. The Board has the right to discharge for just cause. No seniority bargaining unit member shall be disciplined without just cause.
E. The Board agrees, when suspending or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the discharging an employee, the Company willto notify, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company propertyin writing, the employee will be restricted to and the office meeting room areasAssociation, including the UniServ Director.
10.06 The termination of F. In imposing discipline on a probationary current charge, the Board will not take into account prior infractions which occurred more than two (2) years previously, nor impose discipline on an employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions inadvertent errors or mistakes on his/her employment application, after a period of the Ontario Human Rights Codeone year from his/her date of seniority, or if the termination is arbitrary, discriminatory, or except in bad faith. This shall constitute a lesser standard for the purposes cases of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employeefelony convictions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When A. The Employer shall not discipline any employee without just cause and shall, pursuant to established policy and procedure, apply for the most part the standard tenets of progressive correction (e.g., reprimand, suspension, discharge) in its attempts to secure improved work performance as preference to outright dismissal (except that under no circumstance need prior warning of possible discharge be given if the cause of discharge is dishonesty, being under the influence of alcohol, and/or an unprescribed controlled substance, reckless driving, a serious accident for which the driver is at fault, moral turpitude while on duty or carrying unauthorized passengers while on the job). It is understood that excessive absenteeism is cause for disciplinary action up to and including discharge, provided however that, in such circumstances, the Employer has an affirmative obligation to provide progressive discipline. Absent subsequent similar violation as cause for reactivation, reprimands, by themselves in isolation from other imposed or additional corrective sanction, shall after one (1) year be considered dormant and no longer cause for imposition of second level disciplinary action; however any or each of the provisions of this Agreement, or of policy and procedure established not inconsistent with it, shall constitute first warning of disciplinable offense. The Employer agrees upon the discharge or suspension of an employee has been to notify in writing the department xxxxxxx of the discharge or suspension.
B. The discharged or suspended employee will be allowed to discuss his/her discharge with the xxxxxxx of the department and the Employer will make available an area where he/she may do so before he/she is required to leave the property of the Employer. Upon request, the Employer or dismissed on his/her designated representative will discuss the Company premisesdischarge or suspension with the employee and the xxxxxxx.
C. Should the Union consider the discharge or suspension to be improper, he the Union's complaint shall be advised that he may meet with his Committeeperson presented in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving writing to the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended superintendent or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his his/her designated representative within three (3) regularly scheduled working days after the discharge or suspension is received by the Union representative. The superintendent or his/her designated representative shall give the answer to the Union within five (5) regularly scheduled working daysdays after receiving the complaint. If said answer is not satisfactory to the Union, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and matter shall be dealt with at Step 4 submitted to the final step of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Master Agreement
DISCHARGE AND SUSPENSION. 10.01 When an A. The Employer shall not discipline nor suspend any employee has been suspended nor discharge any deputy during his term without just cause. The Employer must notify the employee in writing of his discharge or dismissed on suspension and the Company premises, he reason therefore. Such written notice shall also be advised that he may meet with his Committeeperson in private for given to the Shop Xxxxxxx and a reasonable period copy mailed to the Local Union office within one (1) working day from the effective date of time, not exceeding sixty (60) minutes, before leaving the plant premisesdischarge or suspension.
10.02 B. A claim by a seniority discharged or suspended employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or must advise his designated representative Local Union in writing, within five (5) working days, days after receiving notification of such action against him of his desire to appeal the action. Notice of appeal from discharge or suspension must be made to the Sheriff in writing in the form provided in Appendix A. within ten (10) days from the date of discharge or suspension. Within three (3) days of receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meetingappeal, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative Sheriff shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate appellant and/or his representative to inform him of discuss the nature of the disciplinary proceedingsappeal. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within Within five (5) working daysdays of such meeting, the Sheriff shall render his decision. The appeal shall then be further processed as provided in Article 4, D.E, F, X. and H.
C. A discharged employee must be paid for all hours actually worked, any hours that employee would have worked but for the employee's suspension with pay, and any compensation payable under Article 14 the employee earned when an employee in good standing.
10.05 In D. Should it be proven that the case discharge or suspension was without just cause, he shall be entitled to any remedy awarded by the arbitrator that is available by law and is consistent with the term of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areasthis agreement.
10.06 The termination of a E. An employee on probationary employee for unsuitability status shall not be considered as just cause unless the termination is contrary entitled to the provisions of the Ontario Human Rights Codethis Agreement.
F. Disciplinary action against an employee for minor infractions, or if the termination is arbitrary, discriminatory, or in bad faith. This those less than suspendable shall constitute a lesser standard become inactive for the sake of progressive discipline purposes after eighteen (18) months if there is no reoccurrence of an infraction within that time period. Disciplinary action against an employee for major infractions, those of a suspendable nature, shall become inactive for the Ontario Labour Relations Act. The Company will give the reason sake of the unsuitability to the Union in writing at the progressive discipline purposes after four (4) years if there is no reoccurrence of an infraction within that time of the termination of the probationary employeeperiod.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When 13.1 The Employee and Union shall receive written notification of intent to conduct an investigatory interview. The written notice shall include the nature of the allegation of misconduct and the date and time the District wants to meet to interview the Employee. The Employee has the right to have a Business Agent or Shop Xxxxxxx present at the interview. Arranging the participation of the Business Agent or Shop Xxxxxxx will not unreasonably delay the investigation. Any delay to the investigation created by the securing of a Business Agent or a Shop Xxxxxxx shall be added to the timelines contained in section 13.3.
13.2 The District shall not discipline an employee has been suspended or dismissed on the Company premises, he without just cause. The issue of just cause shall be advised that he may meet resolved in accordance with his Committeeperson the grievance procedure hereinafter provided. If the District has reason to discipline an employee, it shall be done in private for a reasonable period manner which will not embarrass the employee. The District shall give to the employee at least one (1) written warning notice prior to suspension or discharge, except as limited in Article 13.4. All copies of time, not exceeding sixty discipline shall be forwarded to the Union. Disciplinary actions or measures by the District shall be limited to verbal warning; (60documented in writing) minutes, before leaving the plant premiseswritten reprimand; suspension without pay; and discharge.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged 13.3 The District shall administer verbal warnings and written reprimands within ten (10) District Business days of knowledge of the occurrence leading to the discipline. Discipline for infractions covered under Section 13.4 shall be treated as administered within fifteen (15) District business days of knowledge of the occurrence leading to the discipline. Upon receipt of a special grievancewritten or emailed request, the Union agrees to extend the timelines for administering discipline under Section 13.4 in order for the District to complete an investigation. A written statement Upon completion of such special grievance the investigation the District shall be lodged with notify the General Manager Union in writing or his designated representative via email the investigation is completed and will administer the disciplinary action within five (5) working District business days, after the receipt of the reasons given by the Company as provided .
13.4 Just cause for herein, of such immediate suspension or discharge and shall include but not be limited to infractions identified in WAC 181-88, gross insubordination, under the influence of alcohol or drugs on the job, positive drug result, proven dishonesty, theft or destruction of District property, workplace violence, or issues of parallel magnitude.
13.5 Except for infractions defined in WAC 181-88, employees have the right to request in writing to Human Resources the removal of discipline from their personnel files. The status of their request shall be dealt with communicated in writing by Human Resources.
13.6 The Employer shall be the sole judge of the competency of substitute employees. Substitute employees shall be employed at Step 4 the sole discretion of the Employer. Failure of the Employer to schedule work or retain the services of a substitute employee shall not be subject to the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.14.1 14.2 14.2.1 14.2.2 14.2.3 14.2.4 14.2.5
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on SECTION 1: In any case where disciplinary action is necessary the Company premises, he following procedure shall be advised followed, except that he nothing in this Section shall prevent the Employer from taking immediate and appropriate disciplinary action up to and including discharge should it be required by the circumstances and for just cause. The Union shall be notified subsequent to when a written reprimand, suspension or discharge is administered.
1. Oral Reprimand Notice to Xxxxxxx
2. Written Reprimand Notice to Xxxxxxx & Union
3. Suspension Notice to Xxxxxxx & Union
4. Removal & Discharge Notice to Xxxxxxx & Union
SECTION 2: The employee shall have the right to request a xxxxxxx at any time disciplinary action may be imposed. A matter that may lead to discipline shall not be discussed until a xxxxxxx is present unless the parties agree to discuss it further. All disciplinary actions shall be subject to the Grievance Procedure or the employee may seek other legal remedies as may be available upon the employee’s election through state or federal law.
SECTION 3: The Employer agrees that upon imposing any discipline excepting the oral reprimand, the Union Xxxxxxx or appropriate Union representative will be notified in writing by the appropriate supervisor within three (3) working days of the action taken. The employees shall be given a copy of all disciplinary action and a copy shall be placed in the employee’s personnel file. A notation of oral reprimand by date and subject only and signed by the employee may be placed in the employee’s personnel file provided the employee may write a version of the incident for the file.
SECTION 4: Should it be necessary to reprimand an employee, the Employer shall attempt to give the reprimand in a way that will not cause embarrassment for the employee before other employees, the public or juvenile residents of the facility.
SECTION 5: Employees may review their personnel file during administrative office hours in accordance with state law.
SECTION 6: The Employer shall meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority Union and the disciplined employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt days of the reasons given by disciplinary action if the Company as provided for herein, of such suspension employee or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meetingUnion so requests.
SECTION 7: In imposing any discipline on a current charge, the special grievance may then be appealed to Employer will not take into account any prior infractions that occurred more than two (2) years previously unless such prior infraction involved an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination intentional falsification of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who ’s employment application that has not been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted formerly disclosed in writing to the office meeting room areasEmployer.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When In the event that an employee in the bargaining unit shall be suspended from work for disciplinary reasons or is discharged from his or her employment after the date hereof and he or she believes that he or she has been unjustly suspended or discharged, such suspension or discharge shall constitute a case arising under the grievance procedure. Any grievance contending that an employee has been suspended disciplined without just cause will be presented to the Director of Human Resources or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after ten regularly scheduled workdays from the receipt date of the reasons given by discipline.
(a) The Employer agrees to promptly notify in writing the Company as provided for hereinemployee's grievance committee person (or, in his or her absence, the Chair of the Association's grievance committee) of such suspension or discharge.
(b) A suspended or discharged employee, if he or she so desires, will be allowed to discuss his or her suspension or discharge with his or her grievance committee person (or, if he or she is not readily available, with the chair of the grievance committee) before being required to leave the property of the Employer.
(c) It is understood and agreed that when an employee files a grievance with respect to his or her disciplinary action, suspension or discharge, the act of filing such grievance shall be dealt with constitute his or her authorization of the Employer to reveal to the participants in the grievance procedure relevant 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.
(d) If an employee has properly requested a hearing under the Michigan Veterans' Preference Act (thirty (30) days from the day of suspension or discharge) and at Step 4 of the same time has submitted the dispute for resolution under the grievance procedure, it is the desire of the Employer and failing satisfactory settlement at this meetingthe Association that the grievance procedure be exhausted prior to the date of the hearing under the Act. Accordingly, in order for the grievance to be processed under the grievance procedure, the special employee must agree to postpone the date of hearing under the Act until the grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationprocedure is exhausted.
10.03 A Union representative shall be present at all meetings between (e) Any employee covered by this Agreement may view the Company and one contents of his or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, her personnel file(s) which may result are located in a suspension or termination of the employee’s Division, the Company will, before commencing any action against Chief’s Office and the employee, first meet with Human Resources office in the Plant Chairperson or designate to inform him presence of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for Human Resources staff or a command officer designated by the suspension or discharge within five (5) working daysChief at any reasonable time, upon request.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When The Employer shall not discharge nor suspend any employee without just cause. The Employer shall not discharge any employee without notice except if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverages, use of narcotics, barbi- turates or amphetamines, drug intoxication as provided in Article 35, Section 3(a) of the Master Agreement, the possession of controlled substances and/or drugs either while on duty or on Company proper- ty, proven major preventable accident that involves serious damage, injury, or fatality while on duty, the carrying of unauthorized xxxxxx- xxxx (Where the Company has established program to permit such pas- sengers this provision shall not apply to passengers required by the Company, Shipper or Receiver), failure to report a serious accident or one which the employee would normally be aware of, possession of firearms on Company property or equipment (except a legitimate xxxx- ing rifle or shotgun cased and secured out of sight in the employee’s personal vehicle in accordance with applicable law). Chronic or habit- ual absenteeism shall subject the employee to disciplinary action. While this Article clearly indicates offenses for which an employee has been suspended may be discharged without prior warning, there may be certain instances where an employee’s gross misconduct or dismissed on actions may justify suspension or discharge without a prior warning. Gross mis- conduct is defined to mean proven conduct that exposes the Company premisesEmployer to monetary liability from third parties, he governmental entities or other employees. Disputes arising from such instances shall be advised that he resolved by the Grievance Committee. In all other cases, including chronic or habitual absenteeism, the Employer must notify the employee, the Xxxxxxx and the Local Union in writing of the reason for disciplinary action and the disci- plinary action to be taken; and the Xxxxxxx or the Business Agent of the Local Union may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievanceEmployer to discuss the pro- posed disciplinary action. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at Should no agreement result from this meeting, the special employee may file a grievance may then be appealed to an arbitrator in accordance accord with the procedures herein provided for arbitration.
10.03 A Union representative Contract. If the Joint Area Committee determines, on the basis of the facts presented, that the disciplinary action was excessive or unwarranted, it shall be present at all meetings between reduced or rescinded. The Committee may assess the Company and one for time lost as it determines to be warranted. A warning letter or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake previous disciplinary action, which over nine (9) months old, may result in a suspension not be used for any purpose under this Agreement except for those required by law or termination administrative regulation. Alcohol and Drug Use The provisions of Article 35, Section 3 of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plantNational Master Freight Agreement shall apply in its entirety.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 11.01 A claim by a seniority an employee that he has they have been wrongfully discharged or suspended or discharged without just cause shall be treated as a special grievance. A grievance if a written statement of such special grievance shall be is lodged with the General Manager Director, Library Services or his designated representative non-union designate at Step #2 of the grievance procedure within five (5) working days, after the receipt of the reasons given by the Company as provided WORKING days for herein, of such suspension full-time employees or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) CALENDAR days for part-time employees, after the employee ceases working daysfor the Employer and, for the purposes of this article, Step #1 shall be waived. Such special grievance may be settled by mutual agreement of the parties, in writing, at any time 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 conferring parties.
10.05 In 11.02 Where the case of Employer or their authorized agent deems it necessary to take formal disciplinary action against an employee being suspended or discharged from their employment(including disciplinary warnings), such disciplinary actions shall be confirmed in writing and a copy to the following process will Unit Chair. Employees shall be followed: given prior notice of formal disciplinary meetings and shall have the right to request union representation at such meetings.
11.03 The parties agree that an employee will be notified that during promptly in writing of any serious concern regarding their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products propertywork performance, following the normal progressive discipline procedure. This notice shall include particulars of the work performance which led to such dissatisfaction with a copy to the personnel file. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of their personnel file.
11.04 Disciplinary documentation contained in an employee's personnel file in the form of verbal and/or written warning will extend not be relied upon by the Employer for further disciplinary action, if more than 24 months have passed since the date of such warning and the employee received no further disciplinary notification in that twenty-four (24) month period. The exception to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge this article will be considered any discipline imposed due to harassment or incidents of violence in the workplace.
11.05 Nothing shall be trespassingplaced in an employee's personnel file concerning poor performance without the employee's knowledge. Any request An employee shall have the option of adding their own comments to their personnel file should there be a matter to which they choose to respond.
11.06 The Employer agrees that for purposes of filling job vacancies, information pertaining to the individual's performance during the period of time covered by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee employee's last three (3) regular annual performance appraisals will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be only information considered as just cause unless from the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.'s personnel file
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When 13.01 The discharge of any employee who has not completed his probationary period, hereinafter referred to as “a probationary employee”, shall be at the sole discretion of the Company and may be for cause or for no cause and shall not be subject to the arbitration provisions contained herein.
13.02 A claim by a Seniority employee that he has been discharged and suspended for more than five (5) days, without just cause shall be treated as a grievance and shall commence at Step 2 of the grievance procedure, provided that a written grievance signed by the employee and his xxxxxxx is presented to the Department Manager within three (3) working days after the discharge or suspension.
(a) The parties agree that progressive discipline is the preferred manner by which to correct employee’s behaviour. In normal circumstances, the procedure to be followed is as follows:
(i) verbal warning – recorded
(ii) written warning (iii) suspension (iv) dismissal However, the parties agree that where circumstances warrant more severe discipline, up to and including immediate dismissal, may be implemented.
(b) Warning letters will be removed from an employee’s file after a one (1) year period providing there has been no re-occurrence within a twelve (12) month period; and suspensions of less than five (5) days will be removed after a period of two (2) years of non-reoccurrence.
13.04 If an employee who has been suspended or dismissed on discharged wishes to discuss the Company matter with a Xxxxxxx or Bargaining Committee member prior to leaving the Company’s premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of timeentitled to do so, not exceeding sixty (60) minutes, before leaving provided such person or persons are available on the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing premises at the time of the termination suspension or discharge. A copy of the probationary employeediscipline will be given to the Union.
13.05 As a condition of continued employment, employees shall not engage in any form of competition or solicitation of work of a nature similar to that made available to them by the Company, outside of their working hours, and that in the event of so doing will be subject to immediate dismissal. Nothing in this clause shall be deemed to preclude any employee from doing work on a vehicle registered in his/her own name or one owned by, or registered to, a member of his immediate family, outside of working hours.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When The Employer shall not discharge nor suspend any employee with- out just cause. The Employer shall not discharge any employee without notice except if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverages, use of narcotics, barbiturates or amphetamines, drug intoxication as pro- vided in Article 35, Section 3(a) of the Master Agreement, the pos- session of controlled substances and/or drugs either while on duty or on Company property, proven major preventable accident that in- volves serious damage, injury, or fatality while on duty, the carrying of unauthorized passengers (Where the Company has established program to permit such passengers this provision shall not apply to passengers required by the Company, Shipper or Receiver), failure to report a serious accident or one which the employee would nor- mally be aware of, possession of firearms on Company property or equipment (except a legitimate hunting rifle or shotgun cased and secured out of sight in the employee’s personal vehicle in accor- dance with applicable law). Chronic or habitual absenteeism shall subject the employee to disciplinary action. While this Article clearly indicates offenses for which an employee has been suspended may be discharged without prior warning, there may be certain in- stances where an employee’s gross misconduct or dismissed on actions may justi- fy suspension or discharge without a prior warning. Gross miscon- duct is defined to mean proven conduct that exposes the Company premisesEmployer to monetary liability from third parties, he governmental entities or other employees. Disputes arising from such instances shall be advised that he re- solved by the Grievance Committee. In all other cases, including chronic or habitual absenteeism, the Employer must notify the employee, the Xxxxxxx and the Local Union in writing of the reason for disciplinary action and the disci- plinary action to be taken; and the Xxxxxxx or the Business Agent of the Local Union may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievanceEmployer to discuss the pro- posed disciplinary action. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at Should no agreement result from this meeting, the special employee may file a grievance may then be appealed to an arbitrator in accordance accord with the procedures herein provided for arbitration.
10.03 A Union representative Con- tract. If the Joint Area Committee determines, on the basis of the facts presented, that the disciplinary action was excessive or unwar- ranted, it shall be present at all meetings between reduced or rescinded. The Committee may assess the Company and one for time lost as it determines to be warranted. A warn- ing letter or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake previous disciplinary action, which over nine (9) months old, may result in a suspension not be used for any purpose under this Agreement except for those required by law or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plantadministrative regulation.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on SECTION 1: In any case where disciplinary action is necessary the Company premises, he following procedure shall be advised followed, except that he nothing in this Section shall prevent the Employer from taking immediate and appropriate disciplinary action up to and including discharge should it be required by the circumstances and for just cause. The Association shall be notified subsequent to when a written reprimand, suspension or discharge is administered. Notice shall include a copy of all written reprimands and written notices.
SECTION 2: The employee shall have the right to request an Association Officer at any time disciplinary action may be imposed. A matter that may lead to discipline shall not be discussed until an Association Officer is present unless the parties agree to discuss it further. All disciplinary actions shall be subject to the Grievance Procedure.
SECTION 3: The Employer agrees that upon imposing any discipline excepting the oral reprimand, the Association Xxxxxxx or appropriate Association representative will be notified in writing by the appropriate supervisor within three (3) working days of the action taken. The employee shall be given a copy of all disciplinary action and a copy shall be placed in the employee’s personnel file. A notation of oral reprimand by date and subject only and signed by the employee may be placed in the employee’s personnel file provided the employee may write a version of the incident for the file.
SECTION 4: Should it be necessary to reprimand an employee, the Employer shall attempt to give the reprimand in a way that will not cause embarrassment for the employee before other employees, the public or juvenile residents of the facility.
SECTION 5: Employees may review their personnel file during administrative office hours in accordance with state law.
SECTION 6: The Employer shall meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority Association and the disciplined employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt days of the reasons given by disciplinary action if the Company as provided for herein, of such suspension employee or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meetingAssociation so requests.
SECTION 7: In imposing any discipline on a current charge, the special grievance may then be appealed to Employer will not take into account any prior infractions that occurred more than two (2) years previously unless such prior infraction involved an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination intentional falsification of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who ’s employment application that has not been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted formerly disclosed in writing to the office meeting room areasEmployer.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When In the event an employee in the bargaining unit shall be suspended from work for disciplinary reasons or is discharged from his or her employment after the date hereof and he or she believes that he or she has been unjustly suspended or dismissed on discharged, such suspension or discharge shall constitute a case arising under the Company premisesgrievance procedure, he shall be advised that he may meet provided a written grievance with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving respect thereto is presented to the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended Chief or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five three (53) regularly scheduled working days, days after such discharge or after the receipt start of such suspension:
(a) The Employer agrees to promptly notify in writing the employee's grievance committee person (or, in his or her absence, the Chair of the reasons given by the Company as provided for herein, Association's grievance committee) of such suspension or discharge.
(b) A suspended or discharged employee, if he or she so desires, will be allowed to discuss his or her suspension or discharge with his or her grievance committee person (or, if he or she is not readily available, with the chair of the grievance committee) before being required to leave the property of the Employer.
(c) It is understood and agreed that when an employee files a grievance with respect to his or her disciplinary action, suspension or discharge, the act of filing such grievance shall be dealt with constitute his or her authorization of the Employer to reveal to the participants in the grievance procedure relevant 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.
(d) If an employee has properly requested a hearing under the Michigan Veterans' Preference Act (thirty (30) days from the day of suspension or discharge) and at Step 4 of the same time has submitted the dispute for resolution under the grievance procedure, it is the desire of the Employer and failing satisfactory settlement at this meetingthe Association that the grievance procedure be exhausted prior to the date of the hearing under the Act. Accordingly, in order for the grievance to be processed under the grievance procedure, the special employee must agree to postpone the date of hearing under the Act until the grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationprocedure is exhausted.
10.03 A Union representative shall be present at all meetings between (e) Any employee covered by this Agreement may view the Company and one contents of his or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, her personnel file(s) which may result are located in a suspension or termination of the employee’s Division, the Company will, before commencing any action against Chief’s Office and the employee, first meet with Human Resources office in the Plant Chairperson or designate to inform him presence of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for Human Resources staff or a command officer designated by the suspension or discharge within five (5) working daysChief at any reasonable time, upon request.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on the Company premises, is discharged he shall be advised that he may meet given a reasonable opportunity to interview with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, or Stew- ard before leaving the plant premises.
10.02 A claim by a plant, except, if in the opinion of the Employer, the discharged em- ployee is threatening, belligerent, abusive or disorderly. Regular attendance is expected from every employee. Employees unable to work, for any cause, shall so advise their supervi- sor before the regular starting time of their shift, if possible. Plant-wide seniority shall mean an employee’s length of continuous service with the Employer. Seniority will apply only to the extent that it is expressly provided for in this Collec- tive Agreement. Seniority lists will be supplied to the Union and posted on the bulletin boards on January and July of each year of the Agreement. Seniority once established for an employee that he has been wrongfully suspended or discharged shall be treated as forfeited under the follow- ing conditions:
(a) if he voluntarily quits; if he is discharged for any cause and not reinstated through the Grievance Proce- dure; if he fails to report for duty after a special grievance. A written statement layoff or leave of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator absence in accordance with the procedures herein provided provision of this Agreement; if twelve months have elapsed from the day of layoff or a time equal to his senior- ity, whichever is greater; or if he is absent from work for arbitration.
10.03 A Union representative more than three scheduled working days without no- tifying the Employer, unless in the circum- stances it was impossible for the employee to give notice to the Employer. If an employee is suspended as a disciplinary measure, he shall retain all sen- iority rights if and when the penalty termi- nates. Those promoted to positions not cov- ered by this Agreement, will retain their sen- iority after promotion and if transferred back into the bargaining unit, the time served in the non-bargaining position shall not be present at all meetings between in- cluded in the Company and one or more of its employees where seniority standing. The Employer shall have the right to select any employee for the purpose of such meeting may in- ventory-taking without regard to department, seniority or classification. An employee se- If the Employer reduces the work force or eliminates classifications, the Employer will consider job requirements and the ability, train- ing and skill of each individual to perform the normal required work in determining which employee is to be disciplinarylaid off or recalled from layoff. In circumstances where If, in the Company has decided to undertake disciplinary action, which may result in a suspension or termination opinion of the employeeEmployer, the Company willthese factors are equal, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee seniority will be allowed a reasonable amount of time to meet with applied as outlined in paragraphs through layoff provisions contained in paragraphs 1 and This Article will be used in an employee who has been disciplined or discharged before he leaves the plantemergency only.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee 1 Indefinite layoff shall be given written reasons for the suspension or discharge within deemed to be a layoff in excess of five (5) consecutive working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company propertyEmployer announces an indefinite layoff, the employee Employer will determine the classification(s) to be reduced and will remove the employees with the least wide seniority in the classification(s) affected. The Employer will give five days of notice of indefinite layoff. In the event the five days of notice is not given, the Employer will pay the balance up to five days regular pay in lieu thereof. No notice or pay in lieu thereof will be restricted required where the indefinite layoff is caused by events beyond the control of the Employer such as equipment break- down, fire, loss of customers, cancellation or delay of orders, Acts of God, etc. his refusal by signing a form provided for this purpose prior to the office meeting room areas.
10.06 The termination effective date of lay- off. A laid off employee may refuse a recall to work without his recall rights in where the work assignment offer is of a probationary duration of two weeks or less. For the purpose of Article department is de- fined as Plastics, CM., Wireline, Finishing, Warehouse, Facilities, Receiving, When recalling an employee for unsuitability after layoff he shall be considered notified by registered mail or telegram and allowed five working days to report for work, and in the meantime, if an employee is recalled and is not immediately available for work other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee reports within the five day period as just cause unless outlined. It shall be the termination is contrary employee’s responsibility to keep the provisions Employer notified as to change of the Ontario Human Rights Codeaddresses, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Actand their telephone num- bers so that they will be current at all times. The Company will five working day reporting period may be extended to ten working days where the employee is required to give the reason notice of the unsuitability termina- tion to the Union in writing at the time of the termination of the probationary employeeanother employer.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When The Employer shall not discharge nor suspend any Employee without just cause, but in respect to discharge or suspension, shall give at least one warning notice of a complaint against such Employee to the Employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee has been suspended or dismissed on the Company premises, Employee before he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully is suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with if the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, cause of such suspension or discharge and is dishonesty, drinking of, or under the influence of alcoholic beverages or narcotics during the workday, personal possession or use of drugs, while on duty or the carrying of unauthorized passengers while on the job. It is understood that there are other offenses of extreme seriousness that an Employee will be discharged for without a warning notice. The warning notice, as herein provided, shall not remain in effect for a period of more than nine (9) months from the date of said warning notice. No employee shall be dealt disciplined for exceeding personal time based on data received from the DIAD or XXXX or other information technology. No employee shall be discharged if such discharge is based solely upon information received from GPS or any successor system unless he/she engages in dishonesty (defined for the purpose of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the Company). The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge. The degree of discipline dealing with at Step 4 off-area offenses shall not be changed because of the use of GPS. Except in cases involving cardinal infractions, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure, and failing satisfactory settlement at this meeting, . The Union agrees it will not unreasonably delay the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose processing of such meeting may be disciplinarycases. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a The seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability Employee shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard broken for the purposes of following reasons and the Ontario Labour Relations ActEmployee shall be considered terminated when: a. The Employee resigns voluntarily. b. The Company will give Employee is discharged and such discharge is not yet set aside through the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employeegrievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When The City shall have the right, for just cause, to demote, discharge, or suspend or otherwise discipline, any permanent employee. Notice of such action must be in writing and served personally on such employee, with a copy given to the Xxxxxxx, except where an emergency situation exists, in which case the employee shall be immediately suspended and the notice shall be served within three (3) workin~ days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor. The authority of the City Manager under the Administrative Ordinance to discharge, suspend, or otherwise discipline employees, may be delegated by him to the Chief of Police following consultation with the City Manager. An employee may be dismissed if he is not discharging his duties properly or when it is substantiated in accordance with the proceedings as specified below that such employee has been violated the orders, rules, or regulations of the department.
1. Whenever it is deemed necessary, by reason of any violation of any order, rule, or regulation of the department, the commanding officer may provisionally suspend from duty any insubordinate member or employee pending investigation of the charges. The officer making the suspension shall as soon as practicable communicate the fact in writing to the Chief of Police with all the facts in the case. No member above the rank of Sergeant shall be suspended from duty except by the Chief of
2. In every case of suspension the officer so ordering the same shall as soon as practicable notify the Chief of Police in writing, stating the name of the accused, the particular rule or dismissed on order violated, and the Company premisesspecific charges against him together with the names and addresses of all witnesses.
3. Any member or employee of the department under suspension shall immediately surrender his badge of office and all other departmental property in his possession, to the suspending officer, and such property shall be kept in the possession of the Chief of Police of the suspended member,
4. A suspended member or employee of the department will not be restored to duty pending investigation or hearing of the charges for which he was suspended, except by direction of the Chief of Police.
5. Whenever charges are preferred 'against any member or employee which warrant trial or appeal, the City Appeal Board defined in Article VI Step Four shall hear the appeal and shall report in writing to the City Manager its findings and recommendations, which shall be binding upon the City Manager.
6. No member or employee of the department shall withdraw or resign from the service unless he shall have given the Chief of Police not less than fourteen (14) days notice in writing of such intention, or has obtained special permission from the Chief of Police to do otherwise. Permission shall not be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premisesunreasonably withheld.
10.02 A claim by 7. An unexplained absence without leave of any member or employee of the department for three (3) days shall be deemed and held a seniority employee that he has been wrongfully suspended or discharged resignation without proper permission and shall be treated as a special grievancesuch.
8. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension In imposing any discipline or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meetingon a current charge, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationEmployer will not take into account any prior infractions which occurred more than four (4) years previously.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When Section 1: With the exception of misconduct, a non-probationary employee whose employment is. terminated will normally have been through the following steps. The employee, at his/her option, may be accompanied by an employee Association Representative at each of the steps. Step One A discussion will be held in a private setting by the Director of Institutional Facilities, or his/her designee, when the situation warrants it. The fact that the discussion has been held will be noted in the employee's personnel file. Step Two If there is little or no improvement after the discussion, the next step is a written reprimand. A reprimand will be completed by the Director of Institution~1 Facilities in the employee's presence. The employee may read and discuss the repriman.d and comment in writing. Step Three After Step Two, if there is no marked improvement, the employee may be suspended or dismissed on for up to five (5) consecutive work days. The written record of the Company premises, he suspension shall be advised that he may meet completed by the Director of Institutional Facilities and the Personnel Administrator. Step Four If problems persist, the employee will'be eligible for termination. The reasons for termination 'will be given in writing as soon as practicable, and the employee will have a right to a hearing with his Committeeperson in private the Vice President for Administration and Finance or his/her designee. Steps One, Two, Three, and Four will be followed consecutively if the incidents requiring these steps fall within a reasonable period span of timeone (1) year. If, not exceeding sixty however, there is a lapse of one (601) minutesyear or more between any of the steps, before leaving the plant premiseslast step taken will be repeated. If two (2) years have passed after any step, the procedure will begin again with Step One.
10.02 A claim by Section 2: Should the discharged, suspended, or disciplined employee consider the discharge, suspension or discipline to be improper, a seniority employee that he has been wrongfully suspended or discharged shall grievance may be treated as a special grievance. A written statement of such special grievance shall be lodged with presented in writing through the General Manager or his designated representative Association Representative within five (5) working days, after the receipt regularly scheduled work days of the reasons given by the Company as provided for hereindischarge, of such suspension suspension, or discharge and shall be dealt with at discipline pursuant to Step 4 Three of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When an An employee who has been suspended completed his probationary period may be discharged or dismissed on suspended, but only for just cause and only upon the Company premises, he authority of the Employer or his designate. Such employee and the Union shall be advised that he may meet with his Committeeperson promptly in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.writing by the
10.02 A claim by a seniority an employee who has completed the probationary period that he she has been wrongfully discharged or suspended or discharged without just cause shall be treated as a special grievance. A grievance if a written statement of such special grievance shall be is lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with Department Head at Step 4 2 of the grievance procedure, and failing satisfactory settlement at this meeting, procedure within three (3) working days after the special grievance may then be appealed to an arbitrator in accordance with employee is suspended or ceases working for the procedures herein provided for arbitrationEmployer.
10.03 A Union representative Discharge or suspension grievances may be settled by confirming the Employer's action in dismissing or suspending the employee, by reinstating the employee and making her whole in all respects, or in any other manner which is just and equitable in the opinion of the parties or the Board of Arbitration as the case may be.
(a) An employee shall be present at all meetings between notified in writing of any expression of dissatisfaction concerning her work which the Company and one or more Employer intends placing on her record, within thirty (30) working days of its employees where the purpose event of such meeting may the complaint.
(b) Any response by the employee will also be disciplinary. In circumstances where placed in the Company has decided to undertake employee's record.
(a) No offence shall be used against an employee, in support of further disciplinary action, which after eighteen (18) months, provided that the employee has had a clear record of discipline for that eighteen (18) month period.
(b) Employees may result review their personnel files two (2) times per year provided the request is put in a suspension or termination of writing. Such review shall be done on the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings's own time. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will may be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request accompanied by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance Union Xxxxxxx providing this is also on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employeeXxxxxxx'x own time.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When 11.01 Employees who have successfully completed their probationary period shall not be discharged or suspended except for just cause, subject to Article 11.02 below.
11.02 The parties hereto agree that the employees may, in the Company’s discretion, be discharged for the following acts:
(a) theft of Company property or the property of other employees;
(b) consuming alcohol while on Company premises;
(c) using, selling or being in possession of drugs or other unlawful substances while on Company premises;
(d) intentional damage to Company property or the property of other employees.
11.03 A grievance by an employee who has been suspended or dismissed on the Company premises, he shall be advised that he may meet with completed his Committeeperson in private for a reasonable probationary period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully unjustly discharged or suspended or discharged shall be treated as a special grievancecommenced at Step No. A written statement 2 of such special the Grievance Procedure. Such grievance shall must be lodged with the General Manager or his designated representative commenced within five (5) working days, days after the receipt date of discharge or suspension.
11.04 The Company agrees to notify the reasons given Shop Committee in writing of any discharge or discipline within two (2) working days after such discharge or discipline. Failure to provide notification will not invalidate the discharge or discipline. Time period restrictions under this Agreement shall be extended by a time equal to the Company’s delay in submitting the above notices.
(a) When the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet meets with an employee who has been disciplined with the expectation that the meeting will result in action that will be recorded as discipline in the employee’s record, including discharge, the employee may request Union representation at the meeting. If representation is requested, a Shop Committee member or discharged before he leaves shift representative will be called to attend the meeting if one is present in the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the . If no Shop Committee shall be given written reasons for the suspension member or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employmentshift representative is present, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants a meeting with a Shop Committee member and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areasscheduled as soon as practicable. This is a procedural requirement.
10.06 The termination (b) As soon as is practicable following advice of a probationary discharge or suspension, an employee for unsuitability shall be considered as just cause unless the termination who is contrary to the provisions of the Ontario Human Rights Code, discharged or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing suspended while at the time plant shall have an opportunity, if he requests, of the termination of the probationary employeeconferring with a Shop Committee member, if available, in plant offices.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 8.01 When discipline is required, the type and severity administered by the Company will depend upon the nature of the infraction or performance issue being addressed and may include counseling, written warning, suspension or discharge. (See R & CW Rules of Conduct)
8.02 Discipline will be based on an assessment of the total circumstances of each case. However, repeated instances of excessive unexcused absenteeism or tardiness, safety violations, poor performance, work rule violations, and related infractions may result in discharge.
8.03 In the case of the discharge or suspension of an employee who has acquired seniority, the Company will first advise the employee of his right to Union Representation. The Company will issue to the employee a discharge slip stating the reasons for discharge or suspension. An employee who has been suspended discharged or dismissed on the Company premises, he given a suspension shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premisesbe permitted to meet with his xxxxxxx for the area in which he worked at a location designated by the Company, if he so requests.
10.02 A 8.04 In the event of a claim by a that an employee who has attained seniority employee that he has been wrongfully discharged or suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative without proper cause, then within five three (53) working days, days after the receipt of the reasons given by employee ceases to work for the Company as provided for herein, of such suspension or discharge and shall a grievance may be dealt with filed at Step 4 No. 3 of the grievance procedure.
8.05 Such a claim may be settled by confirming the Company's action or by reinstating the employee with full compensation for time lost, or by any other arrangement as to compensation or reinstatement which is just and failing satisfactory settlement at this meetingequitable in the opinion of the conferring parties, or in the special grievance may then be appealed opinion of the Arbitrator if the matter is referred to an arbitrator in accordance with the procedures herein provided for arbitrationArbitrator.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an 8.06 An employee who has been disciplined or discharged before he leaves the plant.
10.04 Where receives a seniority employee has been suspended or discharged, he and a member of the Shop Committee written warning shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case a copy of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing such warning at the time of the termination disciplinary action and the Chief Xxxxxxx (in his absence the employee's xxxxxxx) will receive a copy within two (2) hours of the probationary employeeoccurrence. Written warnings more than six months old and disciplinary suspensions that are more than two years old will not be considered in the disciplinary process.
8.07 The Chief Xxxxxxx shall be notified whenever an employee is discharged or suspended.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When 9.01 It is recognized that a period of probation is a period during which the employee is considered to be employed on a trial basis. During this period, the Company has the right to assess an employee has been suspended or dismissed on to determine whether such employee is, in the sole judgment of the Company, acceptable for employment. It is therefore recognized that probationary employees may be released in the sole judgment of the Company premises, he shall be advised during or at the end of the probationary period subject only to the requirement that he may meet with his Committeeperson the Company has not acted in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premisesbad faith.
10.02 9.02 A claim by a seniority an employee that he has been wrongfully unjustly discharged or suspended or discharged from employment shall be treated as a special grievance. A grievance if a written statement of such special grievance shall be lodged is filed with the General Manager Vice President or his designated representative designate within five (5) working days, days after the receipt employee ceases to work for the Company or is suspended. All preliminary steps of the reasons given by the Company as provided for herein, of Grievance Procedure prior to Step 2 will be omitted in such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationcase.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting 9.03 Such special grievances may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result settled by confirming management’s action in a suspension discharging or termination of suspending the employee, or by reinstating the Company willemployee with full compensation for time lost, before commencing or by any action against other arrangement, except loss of seniority, which is just and equitable in the employee, first meet with the Plant Chairperson or designate to inform him opinion of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with conferring parties or an arbitrator.
9.04 An employee who has been disciplined dismissed without notice shall have the right to meet with his Union Xxxxxxx or discharged designate for a period of time not to exceed fifteen (15) minutes before he leaves leaving Company premises with a Union Xxxxxxx or designate, except in situations where the plantCompany determines that such meeting could create an unsafe work environment for any employee.
10.04 Where a seniority 9.05 An employee who has been suspended without notice shall have the right to meet with their Union Xxxxxxx or dischargeddesignate for a period of time not to exceed ten (10) minutes before leaving Company premises with a Union Xxxxxxx or designate, he and except in situations where the Company determines that such meeting could create an unsafe work environment for any employee.
9.06 An employee who has been given a member of coaching, written or verbal discipline shall have the Shop Committee shall be given written reasons right to meet with their Union Xxxxxxx or designate for the suspension or discharge within a period not to exceed five (5) working daysminutes before returning to their workstation.
10.05 In the case 9.07 Any notice of disciplinary action which is intended to form part of an employee being suspended or discharged from their employment, employee’s employment record shall be given in the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination presence of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatoryUnion Xxxxxxx and no more than two (2) Company representatives, or in bad faithwriting with a copy to the Union. Any such notice shall be given within ten (10) working days of the alleged violation becoming known or should have become known to the Company. This shall constitute a lesser standard for the purposes time limit may be extended by consent of the Ontario Labour Relations ActUnion, which consent shall not be unreasonably withheld. The Company will give All such notices shall be withdrawn from the reason employee’s file after a period of eighteen (18) calendar months of active employment from the unsuitability to date of issue, provided that there has been no further disciplinary action of a similar nature taken against the Union in writing at the time of the termination of the probationary employeeemployee during that period.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products Flex-N-Gate property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx Flex-N- Gate facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When In the event that an employee in the bargaining unit shall be suspended from work for disciplinary reasons or is discharged from their employment after the date hereof and they believe that they have been unjustly suspended or discharged, such suspension or discharge shall constitute a case arising under the grievance procedure. Any grievance contending that an employee has been suspended disciplined without just cause will be presented to the Director of Human Resources or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after ten regularly scheduled workdays from the receipt date of the reasons given by discipline.
(a) The Employer agrees to promptly notify in writing the Company as provided for hereinemployee’s grievance committee person (or, in their absence, the Chair of the Association’s grievance committee) of such suspension or discharge.
(b) A suspended or discharged employee, if they so desire, will be allowed to discuss their suspension or discharge with a grievance committee person (or, if they are not readily available, with the chair of the grievance committee) before being required to leave the property of the Employer.
(c) It is understood and agreed that when an employee files a grievance with respect to their disciplinary action, suspension or discharge, the act of filing such grievance shall be dealt with constitute their authorization of the Employer to reveal to the participants in the grievance procedure relevant 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.
(d) If an employee has properly requested a hearing under the Michigan Veterans’ Preference Act (thirty (30) days from the day of suspension or discharge) and at Step 4 of the same time has submitted the dispute for resolution under the grievance procedure, it is the desire of the Employer and failing satisfactory settlement at this meetingthe Association that the grievance procedure be exhausted prior to the date of the hearing under the Act. Accordingly, in order for the grievance to be processed under the grievance procedure, the special employee must agree to postpone the date of hearing under the Act until the grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationprocedure is exhausted.
10.03 A Union representative shall be present at all meetings between (e) Any employee covered by this Agreement may view the Company and one or more contents of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, their personnel file(s) which may result are located in a suspension or termination of the employee’s Division, the Company will, before commencing any action against Chiefs Office and the employee, first meet with Human Resources office in the Plant Chairperson or designate to inform him presence of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for Human Resources staff or a command officer designated by the suspension or discharge within five (5) working daysChief at any reasonable time, upon request.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Labor Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee I I
9.1 No bargaining unit member shall be displaced without just cause. The term "discipline'" as used in this Agreement includes warnings; reprimands; suspensions with or without pay;' reductions in rank, compensation, or occupational advantage; and discharges. Any such discipline, including adverse evaluation of bargaining unit member performance which results in disciplinary action, shall be subject to the grievance procedure, hereinafter set forth, including arbitration. The specific grounds for disciplinary action will be presented in writing to the bargaining unit member and the Union no later than at the time discipline is .imposed. I
9.2 Written warnings or reprimands or suspensions will be given in the form of a I .formal letter with the full signature of the administrator taking the action. The letter will be delivered only after a meeting has been suspended held at which time the bargaining unit member had an opportunity to be heard. A copy of a written warning or dismissed on the Company premises, he reprimand or suspension shall be advised that he given to the bargaining unit member and the Union. Any complaint not called to the attention of the MA YVI LLE ESP 2000-2002 Contract I I bargaining unit member, within ten (10) work days, may meet with his Committeeperson not be used in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving any disciplinary action against the plant premisesbargaining unit member.
10.02 A claim by 9.3 Any bargaining unit member who wishes to take exception to, a seniority employee that he has been wrongfully suspended or discharged written disciplinary action must respond in writing within twenty (20) days and shall present a copy of the letter to his/her appropriate administrator. Such response shall be treated as placed in the bargaining unit member's personnel file, together with a special grievancecopy of the written disciplinary action issued by the administration and/or Board. A bargaining unit member who files an exception shall not be precluded from also seeking relief through the grievance procedure or other remedy. I
9.4 Upon request of the bargaining unit member, a bargaining unit member shall be entitled to have present a representative of the Union during any meeting which will or may lead to disciplinary action by the Employer. When a request for such representation is made, no action shall be taken with respect to the bargaining unit member until such representative of the Union is present.
9.5 It is agreed and understood that the following progressive system of discipline shall be followed in disciplining bargaining unit members except in the case of gross misconduct. A written statement may be placed in the personnel file of the employee indicating a verbal warning was issued.
a. Verbal warning by appropriate administrator.
b. Written warning/memo by appropriate administrator. I
c. Written reprimand by appropriate administrator.
d. Suspension with pay pending a "Just Cause" hearing.
e. Suspension without pay.
f. Dismissal for just cause only.
9.6 A bargaining unit member will have the right to review the contents of all I records of the Employer pertaining to said bargaining unit member originating I after initial employment, and to have a representative of the Union accompany him/her in such special grievance review. Other examinations of a bargaining unit member's files shall be lodged limited to qualified supervisory personnel, except that a non-bargaining unit member Union representative may review such files when necessary for contract administration purposes or to provide the bargaining unit member representative in other administrative or legal proceedings. Each file shall contain a record indicating who has reviewed it, the date reviewed, and the reason for such review. I No material including, but not limited to, student, parental, or school personnel complaints originating after initial employment will be placed in a bargaining unit member's personnel file unless the bargaining unit member has had an opportunity to review the material and the complaint has been investigated and confirmed by the Employer. Complaints against the bargaining unit member shall be put in writing with names of the complainants, administrative action taken and remedy clearly stated. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. When material is to be placed in a bargaining unit member's files, the affected bargaining unit member shall review and sign said material, such signature I I MAYVILLE ESP 2000-2002 Contract shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the General Manager or his designated representative within five (5) working days, after the receipt content of the reasons given by I ,material. If material in the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinarybargaining unit. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who member's file is found to be inappropriate or in error, -the material will be corrected and/or expunged from the file, whichever is appropriate. All recommendations, written or oral, shall be based solely on Company property during a suspension the contents of the bargaining unit member's personnel tile.
9.7 In imposing any discipline or discharge on a current charge, the Board may take into account any prior infractions that occurred within two (2) immediately I proceeding years.
9.8 Any case of assault upon a bargaining unit member and/or a bargaining unit member's property shall be promptly reported to the Employer. The Employer shall promptly render all.necessary assistance to the bargaining unit member, when possible, to prevent injury and loss at property. The Employer will advise the bargaining -unit member of his/her rights and obligations with respect to such assault as well as in connection with the handling of the incident by law enforcement and judicial authorities.
9.9 No bargaining unit. member will be considered to be trespassing. Any request threatened, disciplined, reprimanded, punished, discharged or denied any occupational advantage, directly or indirectly by a suspended the Employer, its administrators or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company propertyrepresentatives, the employee will be restricted due, in any way, to the office meeting room areasbargaining unit member having filed a complaint as allowed by law.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When The Employer shall not discharge nor suspend any employee with- out just cause. The Employer shall not discharge any employee without notice except if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverages, use of narcotics, barbiturates or amphetamines, drug intoxication as pro- vided in Article 35, Section 3(a) of the Master Agreement, the pos- session of controlled substances and/or drugs either while on duty or on Company property, proven major preventable accident that involves serious damage, injury, or fatality while on duty, the car- rying of unauthorized passengers (Where the Company has estab- lished program to permit such passengers this provision shall not apply to passengers required by the Company, Shipper or Receiv- er), failure to report a serious accident or one which the employee would normally be aware of, possession of firearms on Company property or equipment (except a legitimate hunting rifle or shotgun cased and secured out of sight in the employee’s personal vehicle in accordance with applicable law). Chronic or habitual absenteeism shall subject the employee to disciplinary action. While this Article clearly indicates offenses for which an employee has been suspended may be discharged without prior warning, there may be certain in- stances where an employee’s gross misconduct or dismissed on actions may jus- tify suspension or discharge without a prior warning. Gross mis- conduct is defined to mean proven conduct that exposes the Company premisesEmployer to monetary liability from third parties, he governmental entities or other employees. Disputes arising from such instances shall be advised that he resolved by the Grievance Committee. In all other cases, including chronic or habitual absenteeism, the Employer must notify the employee, the Xxxxxxx and the Local Union in writing of the reason for disciplinary action and the disci- plinary action to be taken; and the Xxxxxxx or the Business Agent of the Local Union may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged shall be treated as a special grievanceEmployer to discuss the pro- posed disciplinary action. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at Should no agreement result from this meeting, the special employee may file a grievance may then be appealed to an arbitrator in accordance accord with the procedures herein provided for arbitration.
10.03 A Union representative Con- tract. If the Joint Area Committee determines, on the basis of the facts presented, that the disciplinary action was excessive or un- warranted, it shall be present at all meetings between reduced or rescinded. The Committee may assess the Company and one for time lost as it determines to be warranted. A warning letter or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake previous disciplinary action, which over nine (9) months old, may result in a suspension not be used for any purpose under this Agreement except for those required by law or termination administrative regulation. Alcohol and Drug Use The provisions of Article 35, Section 3 of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plantNational Master Freight Agreement shall apply in its entirety.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: National Master Freight Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on the Company premises, he shall be advised that he may meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 11.01 A claim by a seniority an employee that he he/she has been wrongfully discharged or suspended or discharged without just cause shall be treated as a special grievance. A grievance if a written statement of such special grievance shall be is lodged with the General Manager Director, Library Services or his designated representative non-union designate at Step #2 of the grievance procedure within five (5) working days, after the receipt of the reasons given by the Company as provided WORKING days for herein, of such suspension full time employees or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) CALENDAR days for part time employees, after the employee ceases working daysfor the Employer and, for the purposes of this article, Step #1 shall be waived. Such special grievance may be settled by mutual agreement of the parties, in writing, at any time 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 conferring parties.
10.05 In 11.02 Where the case of Employer or their authorized agent deems it necessary to take formal disciplinary action against an employee being suspended or discharged from their employment(including disciplinary warnings), the following process will such disciplinary actions shall be followed: confirmed in writing.
11.03 The parties agree that an employee will be notified that during their suspension or discharge they are not allowed to be on promptly in writing of any Xxxxxx Metal Products propertyserious concern regarding his/her work performance, following the normal progressive discipline procedure. This notice shall include particulars of the work performance which led to such dissatisfaction with a copy to the personnel file. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of his/her personnel file.
11.04 Effective January 1, 2009, disciplinary documentation contain in an employee’s personnel file in the form of verbal and/or written warning will extend not be relied upon by the Board for further disciplinary action, if more than 24 months have passed since the date of such warning and the employee received no further disciplinary notification in that 24 month period. The exception to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge this article will be considered any discipline imposed due to be trespassing. Any request by a suspended harassment or discharged employee to attend to a Xxxxxx facility must be done through prior approval incidents of violence in the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areasworkplace.
10.06 The termination of a probationary employee for unsuitability 11.05 Nothing shall be considered as just cause unless placed in an employee’s personnel file concerning poor performance without the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard employee’s knowledge.
11.06 The Library agrees that for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability filling job vacancies, information pertaining to the Union in writing at the time of the termination of the probationary employee.the
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When 9.01 It is recognized that a period of probation is a period during which the employee is considered to be employed on a trial basis. During this period, the Company has the right to assess an employee has been suspended or dismissed on to determine whether such employee is, in the sole judgment of the Company, acceptable for employment. It is therefore recognized that probationary employees may be released in the sole judgment of the Company premises, he shall be advised during or at the end of the probationary period subject only to the requirement that he may meet with his Committeeperson the Company has not acted in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premisesbad faith.
10.02 9.02 A claim by a seniority an employee that he has been wrongfully unjustly discharged or suspended or discharged from employment shall be treated as a special grievance. A grievance if a written statement of such special grievance shall be lodged is filed with the General Manager Vice President or his designated representative designate within five (5) working days, days after the receipt employee ceases to work for the Company or is suspended. All preliminary steps of the reasons given by the Company as provided for herein, of Grievance Procedure prior to Step 2 will be omitted in such suspension or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationcase.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting 9.03 Such special grievances may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result settled by confirming management’s action in a suspension discharging or termination of suspending the employee, or by reinstating the Company willemployee with full compensation for time lost, before commencing or by any action against other arrangement, except loss of seniority, which is just and equitable in the employee, first meet with the Plant Chairperson or designate to inform him opinion of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with conferring parties or an arbitrator.
9.04 An employee who has been disciplined or discharged dismissed without notice shall have the right to meet with his Union Xxxxxxx for a period of time not to exceed fifteen (15) minutes before he leaves leaving Company premises, except in situations where the plantCompany determines that such meeting could create an unsafe work environment for any employee.
10.04 Where a seniority employee has been suspended or discharged, he and a member 9.05 Any notice of the Shop Committee disciplinary action which is intended to form part of an employee’s employment record shall be given written reasons for in the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination presence of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatoryUnion Xxxxxxx and no more than two (2) Company representatives, or in bad faithwriting with a copy to the Union. Any such notice shall be given within ten (10) working days of the alleged violation becoming known or should have become known to the Company. This shall constitute a lesser standard for the purposes time limit may be extended by consent of the Ontario Labour Relations ActUnion, which consent shall not be unreasonably withheld. The Company will give All such notices shall be withdrawn from the reason employee’s file after a period of eighteen (18) calendar months of active employment from the unsuitability to date of issue, provided that there has been no further disciplinary action of a similar nature taken against the Union in writing at the time of the termination of the probationary employeeemployee during that period.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND SUSPENSION. 10.01 When 4.1 The Company shall not discharge, nor suspend, nor take disciplinary action as respects any seniority employee without just cause.
4.2 In respect to discharge, suspension, or other disciplinary action, the employee shall be given at least one (1) written warning notice of the complaint(s) against such employee, with a copy to the Union affected, except that no warning notice need be given to an employee before he is discharged for cause such as dishonesty, drinking or being under the influence of alcoholic beverages on Company property, failure to perform work as assigned, or recklessness resulting in serious accident while on duty. The employee so notified may be required to sign a receipt of the notice which will in no way be construed to be an admission of any misconduct or agreement with the contents of such notice. If any employee refuses to date and sign such notice, the employee shall be given an opportunity to contact the Local Union and to comply, and if they still fail to date and sign such notice, they may be suspended until such time as they do date and sign the notice.
(a) Discharge, suspension or other disciplinary action must be by written notice to the employee and the Union involved.
(b) Warning notices shall have no force and effect after six (6) months from date of issue.
(c) Employees suspended pending an investigation will be paid their regularly scheduled hours and appropriate benefits if the Company or an arbitrator determines the suspension was unwarranted and the employee returns to work.
4.3 Any employee may request an investigation as to his discharge, suspension, or other disciplinary action. Should such an investigation prove that an injustice has been suspended or dismissed on the Company premisesdone an employee, he shall be advised that reinstated, and subject to the facts, he may meet with be compensated at his Committeeperson in private for a reasonable period usual rate of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority employee that pay while he has been wrongfully suspended out of work, or discharged shall be treated otherwise made whole for loss or injury suffered as a special grievanceresult of an unjust discharge, suspension, or other disciplinary action. A written statement Appeal from discharge, suspension, or other disciplinary action must be filed under the provisions of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working daysSection 15, after the receipt of the reasons given by the Company as provided for herein, of such suspension or discharge Grievance and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitrationArbitration.
10.03 A Union representative shall be present at all meetings between 4.4 Notwithstanding the Company and one above, with regard to chronic tardiness or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employmentabsenteeism, the following process disciplinary action shall be taken:
(a) First unexcused absence or tardiness verbal warning;
(b) Second unexcused absence or tardiness first written warning notice;
(c) Third unexcused absence or tardiness a second written warning and three day suspension;
(d) Fourth unexcused absence or tardiness subject to discharge.
4.5 All warning notices will be followed: The employee will be notified that during their suspension or discharge they are not allowed personally delivered to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to and the office meeting room areascontents thereof explained at that time.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Meat Agreement
DISCHARGE AND SUSPENSION. 10.01 When 13.1 The Employee and Union shall receive written notification of intent to conduct an investigatory interview. The written notice shall include the nature of the allegation of misconduct and the date and time the District wants to meet to interview the Employee. The Employee has the right to have a Business Agent or Shop Xxxxxxx present at the interview. Arranging the participation of the Business Agent or Shop Xxxxxxx will not unreasonably delay the investigation. Any delay to the investigation created by the securing of a Business Agent or a Shop Xxxxxxx shall be added to the timelines contained in section 13.3.
13.2 The District shall not discipline an employee has been suspended or dismissed on the Company premises, he without just cause. The issue of just cause shall be advised that he may meet resolved in accordance with his Committeeperson the grievance procedure hereinafter provided. If the District has reason to discipline an employee, it shall be done in private for a reasonable period manner which will not embarrass the employee. The District shall give to the employee at least one (1) written warning notice prior to suspension or discharge, except as limited in Article 13.4. All copies of time, not exceeding sixty discipline shall be forwarded to the Union. Disciplinary actions or measures by the District shall be limited to verbal warning; (60documented in writing) minutes, before leaving the plant premiseswritten reprimand; suspension without pay; and discharge.
10.02 A claim by a seniority employee that he has been wrongfully suspended or discharged 13.3 The District shall administer verbal warnings and written reprimands within ten (10) District Business days of knowledge of the occurrence leading to the discipline. Discipline for infractions covered under Section 13.4 shall be treated as administered within fifteen (15) District business days of knowledge of the occurrence leading to the discipline. Upon receipt of a special grievancewritten or emailed request, the Union agrees to extend the timelines for administering discipline under Section 13.4 in order for the District to complete an investigation. A written statement Upon completion of such special grievance the investigation the District shall be lodged with notify the General Manager Union in writing or his designated representative via email the investigation is completed and will administer the disciplinary action within five (5) working District business days, after the receipt of the reasons given by the Company as provided .
13.4 Just cause for herein, of such immediate suspension or discharge and shall include but not be limited to infractions identified in WAC 181-88, gross insubordination, under the influence of alcohol or drugs on the job, positive drug result, proven dishonesty, theft or destruction of District property, workplace violence, or issues of parallel magnitude.
13.5 Except for infractions defined in WAC 181-88, employees have the right to request in writing to Human Resources the removal of discipline from their personnel files. The status of their request shall be dealt with communicated in writing by Human Resources.
13.6 The Employer shall be the sole judge of the competency of substitute employees. Substitute employees shall be employed at Step 4 the sole discretion of the Employer. Failure of the Employer to schedule work or retain the services of a substitute employee shall not be subject to the grievance procedure, and failing satisfactory settlement at this meeting, the special grievance may then be appealed to an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who has been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted to the office meeting room areas.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND SUSPENSION. 10.01 When an employee has been suspended or dismissed on SECTION 1: In any case where disciplinary action is necessary the Company premises, he following procedure shall be advised followed, except that he nothing in this Section shall prevent the Employer from taking immediate and appropriate disciplinary action up to and including discharge should it be required by the circumstances and for just cause. The Union shall be notified subsequent to when a written reprimand, suspension or discharge is administered.
1. Oral Reprimand Notice to Xxxxxxx
2. Written Reprimand Notice to Xxxxxxx & Union
3. Suspension Notice to Xxxxxxx & Union
4. Removal & Discharge Notice to Xxxxxxx & Union
SECTION 2: The employee shall have the right to request a xxxxxxx at any time disciplinary action may be imposed. A matter that may lead to discipline shall not be discussed until a xxxxxxx is present unless the parties agree to discuss it further. All disciplinary actions shall be subject to the Grievance Procedure or the employee may seek other legal remedies as may be available upon the employee’s election through state or federal law.
SECTION 3: The Employer agrees that upon imposing any discipline excepting the oral reprimand, the Union Xxxxxxx or appropriate Union representative will be notified in writing by the appropriate supervisor within three (3) working days of the action taken. The employee shall be given a copy of all disciplinary action and a copy shall be placed in the employee’s personnel file. A notation of oral reprimand by date and subject only and signed by the employee may be placed in the employee’s personnel file provided the employee may write a version of the incident for the file.
SECTION 4: Should it be necessary to reprimand an employee, the Employer shall attempt to give the reprimand in a way that will not cause embarrassment for the employee before other employees, the public or juvenile residents of the facility.
SECTION 5: Employees may review their personnel file during administrative office hours in accordance with state law.
SECTION 6: The Employer shall meet with his Committeeperson in private for a reasonable period of time, not exceeding sixty (60) minutes, before leaving the plant premises.
10.02 A claim by a seniority Union and the disciplined employee that he has been wrongfully suspended or discharged shall be treated as a special grievance. A written statement of such special grievance shall be lodged with the General Manager or his designated representative within five (5) working days, after the receipt days of the reasons given by disciplinary action if the Company as provided for herein, of such suspension employee or discharge and shall be dealt with at Step 4 of the grievance procedure, and failing satisfactory settlement at this meetingUnion so requests.
SECTION 7: In imposing any discipline on a current charge, the special grievance may then be appealed to Employer will not take into account any prior infractions that occurred more than two (2) years previously unless such prior infraction involved an arbitrator in accordance with the procedures herein provided for arbitration.
10.03 A Union representative shall be present at all meetings between the Company and one or more of its employees where the purpose of such meeting may be disciplinary. In circumstances where the Company has decided to undertake disciplinary action, which may result in a suspension or termination intentional falsification of the employee, the Company will, before commencing any action against the employee, first meet with the Plant Chairperson or designate to inform him of the nature of the disciplinary proceedings. At the conclusion of such meeting the Committee will be allowed a reasonable amount of time to meet with an employee who ’s employment application that has not been disciplined or discharged before he leaves the plant.
10.04 Where a seniority employee has been suspended or discharged, he and a member of the Shop Committee shall be given written reasons for the suspension or discharge within five (5) working days.
10.05 In the case of an employee being suspended or discharged from their employment, the following process will be followed: The employee will be notified that during their suspension or discharge they are not allowed to be on any Xxxxxx Metal Products property. This notice will extend to all plants and not just the plant they are employed at. Any employee who is found to be on Company property during a suspension or discharge will be considered to be trespassing. Any request by a suspended or discharged employee to attend to a Xxxxxx facility must be done through prior approval of the General Manager. If the General Manager approves their attendance on Company property, the employee will be restricted formerly disclosed in writing to the office meeting room areasEmployer.
10.06 The termination of a probationary employee for unsuitability shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. This shall constitute a lesser standard for the purposes of the Ontario Labour Relations Act. The Company will give the reason of the unsuitability to the Union in writing at the time of the termination of the probationary employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement