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Common use of DISCHARGE CASES Clause in Contracts

DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCHARGE CASES. 9.01 New employees shall be considered probationary until they have worked four hundred and sixty (a460) Once hours, after which time their seniority shall date back to the day of original hiring. If the employee receives any discipline during their four hundred and sixty (460) hour probationary period, their probationary period may be extended to six hundred and eighty (680) hours. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company. 9.02 A claim by any employee, who has attained seniority statuscompleted his/her probationary period, that he has been unjustly discharged from his employment, the case may his/her employment shall be taken up treated as a grievance where if a written statement of such grievance is lodged with the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources Manager within five (5) days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step 2 will be proven by means of a facsimile confirmationomitted in such cases. 9.03 Grievances alleging unjust discharge Such special grievances may be settled by confirming the Companymanagement’s action in dismissing discharging the employee, employee or by reinstating the employee with full compensation for lost time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10a) days Has committed an act of theft against either the date Company, its customers, or its employees b) Has committed on Company property an act of possessing, consuming, inhaling, injecting or arranging for distribution an illegal substance under the incident giving rise to the discipline Criminal Code or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance Controlled Substances Act or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileits regulations. 9.05 Upon request by c) Defames the Employer or its owner 9.04 In the event an employeeemployee has been discharged, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of Company shall notify the request, and arrangements being made for a mutually convenient time for the reviewUnion within twenty-four (24) hours. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained A claim by a seniority status, employee that he has been discharged from his employment, the case may without proper cause shall be taken up treated as a grievance where and shall commence at Step 2 of Article 5.05 provided a written grievance signed by the employee and his department xxxxxxx is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded presented to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitraryVice President, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources within five (5) days from the date after discharge. The International Representative of the Union Office receives will be permitted to attend the written reasons for meeting held pursuant thereto, with the suspension Vice-President of Human Resources. The Union will not question the discharge of any probationary employee nor shall such discharge be the subject of a grievance. (b) Should the parties agree or discharge. Receipt of should the written reasons arbitration board determine that a seniority employee has been discharged without proper cause, such employee shall be proven by means reinstated as an employee without loss of a facsimile confirmationseniority and shall be compensated in accordance with the provisions of Article 5.12 hereof. 9.03 Grievances alleging unjust discharge may be settled by confirming (c) In the Company’s action event that a grievance is lodged in dismissing accordance with the provisions of this Article 5.15, the company agrees to advise the employee, or by reinstating with full compensation for time lostin writing, or by any other arrangementof the provisions under Article 5.15(c), which is just and equitable in provisions provide that the opinion employee will be permitted to continue at his own expense, his protection under the group insurance plans of Appendix “B”, by paying the conferring parties. 9.04 No discipline shall be taken after necessary premiums to the company as follows: Within ten (10) days of discharge - the date amount of premiums sufficient to maintain coverage for the balance of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incidentmonth, whichever is later. Furthermoreand thereafter, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing monthly in advance or at until the time of the meeting. A copy of any adverse record shall be supplied issue is resolved, but not to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if exceed twelve (12) months has elapsed from the date of discharge. In the incident event an employee fails to make the necessary payments in advance, his coverage shall lapse. If the employee is reinstated by the Board of Arbitration and the company is ordered to reimburse him for earnings lost, he will also be reimbursed payments which gave rise he has made to said prior disciplinesuch plans. 9.07 No bargaining unit (d) The Company and the Union agree that the provisions of the Letter of Understanding found at the end of the Collective Agreement, titled “Re: Human Rights and Sexual and Racial Harassment”, shall form part of and be incorporated into this Collective Agreement. (a) Upon being notified of his discharge while at work, it shall be the duty of the employee to leave his department and go to the Vice-President, Human Resources’ office. If the notification occurs outside of regular office hours or while the employee is not at work, the employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities report to the Vice-President, Human Resources’ office during the hours of the next regular day shift unless prevented from giving directions to other bargaining unit membersdoing so by reasons beyond his control. (b) The Vice-President of Human Resources will notify the Plant Grievance Chairman of the discharge in writing, including all three (3) day letters that result in discharge, within twenty-four (24) hours, all letters will be signed for by a member of the Grievance Committee in a log book located in Human Resources.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCHARGE CASES. 9.01 New employees hired after January 12, 2012 shall be considered probationary until they have worked six hundred and eighty (a680) Once hours, after which time their seniority shall date back to the day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company. 9.02 A claim by any employee, who has attained seniority statuscompleted his/her probationary period, that he has been unjustly discharged from his employment, the case may his/her employment shall be taken up treated as a grievance where if a written statement of such grievance is lodged with the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources Manager within five (5) days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step 2 will be proven by means of a facsimile confirmationomitted in such cases. 9.03 Grievances alleging unjust discharge Such special grievances may be settled by confirming the Companymanagement’s action in dismissing discharging the employee, employee or by reinstating the employee with full compensation for lost time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10a) days Has committed an act of theft against either the date Company, its customers, or its employees b) Has committed on Company property an act of possessing, consuming, inhaling, injecting or arranging for distribution an illegal substance under the incident giving rise to the discipline Criminal Code or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance Controlled Substances Act or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileits regulations. 9.05 Upon request by c) Defames the Employer or its owner 9.04 In the event an employeeemployee has been discharged, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of Company shall notify the request, and arrangements being made for a mutually convenient time for the reviewUnion within twenty-four (24) hours. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal probationary period is a trial period within which management reserves the right to appraise new employees and that the sole fact that a new employee has not performed to the standards of an approved employee is just cause for dismissal. A claim by an approved employee on the seniority list that he or she has been unjustly discharged or suspended from his or her employment shall be treated as a probationary grievance if a written statement is lodged with the Manager within hours after the employee may be carried out ceases to work for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion Company All preliminary steps of the Company at any time during the probationary period. The grievance procedure shall not apply prior to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days will be omitted in such cases. When an employee is discharged or suspended from the date employment, shall be given a letter of discharge or suspension stating reasons for same. The xxxxxxx or designate and the Union Office receives office will be given a copy. The discharged or suspended employee will be allowed to interview xxxxxxx or designate, prior to leaving the written reasons for premises, provided the suspension xxxxxxx or dischargedesignate is on duty. Receipt of the written reasons shall If an employee so desires a xxxxxxx or designate will be proven by means of present when an employee is given discipline above a facsimile confirmation. 9.03 Grievances alleging unjust discharge verbal warning. Such special grievances may be settled by confirming the Company’s management's action in dismissing the employee, employee or by reinstating with full compensation for time lost, or by any other arrangement, which the employee on a basis satisfactory to the conferring parties. If an employee feels is just and equitable suffering a grievance should report the complaint in the opinion same manner described in paragraph above. It is understood that the management may bring forward at any meeting held with the Union Grievance Committee any complaint with respect to the conduct of the Union, its Officers, Committeemen or Stewards; and that if such complaint by management is not settled to the mutual satisfaction of the conferring parties. 9.04 No , it may treated as a grievance and referred to arbitration in the same way as the grievance of an employee. The Company agrees to provide a copy of all notices of discipline shall be taken after ten (10) days of the date of the incident giving rise given to employees to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileChairperson. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. 9.01 (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. 9.01 (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union OfficeUnion. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge All such cases shall be filed at Step No. 3 taken up within five (5) days from and disposed of within ten (10) days of the date the Union Office receives employee is notified of his discharge, except where a case is taken to arbitration. A claim by an employee, who has attained seniority, that he has been unjustly discharged from his employment, shall be treated as a grievance if a written statement of such grievance is lodged with the written reasons management within five (5) days after the employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step Number 3 will be proven by means of a facsimile confirmationomitted in such cases. 9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the Company’s management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's employee record regarding work performance or conduct, conduct unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx union shop xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileUnion. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot A written warning notice shall be used in progressive discipline if stricken from an employee's record: a) After six (6) months for employees with two (2) years or more continuous service. b) After twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent for employees with lead hand responsibilities from giving directions to other bargaining unit membersless than two (2) years of service. Three warning notices for the same infraction within the above period shall be sufficient cause for disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. Section 1 - The employer agrees that employees shall not be discharged without cause from and after the date of this Agreement, but that in all instances in which the employer may conclude that an employee’s conduct may justify discharge, such employee shall first be suspended. In all cases of suspension the employer shall allow the suspended employee an opportunity to discuss the suspension with a xxxxxxx before being required to leave the property of the employer. Such initial suspension shall be for not more than three (3) regularly scheduled working days. In the event the suspension is converted into a discharge, such discharge shall not be made until the end of said three (3) day period. During the period of the initial suspension, if the employee believes that the suspension was unjust, the employee may request a hearing in a meeting with the Union’s Grievance Committee, the immediate supervisor and the department head. After such hearing, or if no such hearing is requested the department head shall decide, dependent upon the facts of the case, whether the suspension without pay already given is considered sufficient, should be extended, should be converted into a discharge or that no discipline should have been given. In the event the employee believes that the discipline was unjust, it shall be a proper subject for the grievance procedure, provided a written grievance with respect thereto is presented to the Director of Human Resources pursuant to Step Two of the grievance procedure within two (2) working days after the department head makes a decision as set forth above. (a) Once an employee, who has attained seniority status, has been discharged from his employment, The employer agrees to promptly notify the case may be taken up as a grievance where the employee is union xxxxxxx of the opinion that his termination was without just causesuch suspension or discharge. (b) Where It is understood and agreed that when a suspended or discharged employee files a grievance with respect to the suspension or discharge the act of filing such grievance shall constitute an authorization to the employer to reveal to the participants in the grievance procedure upon written request any and all pertinent information used by the employer to justify the discharge or suspension and such filing shall further constitute a release of the employer, by the discharged or suspended employee, from any and all claimed liability by reason of such disclosure. Section 2 - In the event it should be decided under the grievance procedure that the employee has been was unjustly discharged or suspended, he the employer shall have reinstate such employee and pay full compensation, partial or no compensation as may be decided under the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee grievance procedure, which compensation, if any, shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion rate of the Company at any employee’s straight time earnings during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of pay period immediately preceding the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incidentdischarge, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with less such straight time compensation as the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or have earned at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to other employment during such record and form part of said fileperiod. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Labor Agreement

DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case 7.01 It is recognized that probationary employees may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out released for reasons less serious than what would be justified for in the case of the discharge of an employee who has completed his/her probationary period and, accordingly, the release of a non- probationary employee will not be subject to the grievance procedure. A claim by an employee who has completed his/her probationary period that he/she has been discharged without just and may sufficient cause shall be carried out at the discretion treated as a grievance if written statement of such grievance is lodged with the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Stage #2 within five ten (510) days from after the date the Union Office receives the written reasons for the suspension or dischargeemployee is discharged. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the conferring parties under the grievance procedure or by an arbitrator by: (a) Confirming the Company’s action in dismissing the employee, or by reinstating with full ; (b) Reinstating the employee without compensation for time lost, lost or with payment to him/her for time lost due to the discharge at his/her regular rate of pay for his/her normally scheduled work for the period the employee would otherwise have worked less any amount of money earned by the employee during the period; (c) By any other arrangement, arrangement which may be deemed just. The Company shall give the discharged employee the reasons for his/her discharge in writing at the time of discharge or within a reasonable period of time and shall provide a copy to the Union and the Chief Xxxxxxx. 7.02 Any employee of who is disciplined shall be provided with written reasons for the discipline at the time the discipline is imposed or within a reasonable period of time and a copy will be provided to the Union and the Chief Xxxxxxx. An employee who believes such discipline is without just and equitable sufficient cause may file a grievance in the opinion accordance with Article 6. 7.03 No discussion shall be held with an employee in respect to written disciplinary action, including confirmation of verbal reprimand or discharge without a Union Xxxxxxx of the conferring partiesemployee’s choice or in his absence another Union Xxxxxxx. Should no Union Xxxxxxx be available, a bargaining unit employee on shift may be chosen by the employee to be present during the meeting. Should the employee not choose a Union Xxxxxxx, the Company shall assign an available Union Xxxxxxx to attend the meeting. 9.04 No discipline 7.04 The Company shall be taken after ten take disciplinary action against any employee within fourteen (1014) calendar days of the incident or within fourteen (14) calendar days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become management becomes aware of the incident. In the event the employee is not working on the fourteenth (14) day of this period, whichever is later. Furthermore, no entry such period shall be made on extended to include the employee’s return day. 7.05 When the Company evokes discipline upon an employee's record regarding work performance , such discipline shall be evoked in a private setting away from customers and staff and no employee shall be belittled or conduct, unless threatened in any manner during the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time course of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, (a) All written notices of discipline that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if are twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This old shall not prevent employees with lead hand responsibilities from giving directions thereafter form part of an employee's record and shall not be admissible in evidence at arbitration. It is understood that this provision does not apply to other bargaining unit memberssuspensions; (b) All suspensions that are more than twenty-four (24) months old shall not thereafter form part of an employee's record and shall not be admissible in evidence at arbitration.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained a seniority status, has employee that they have been discharged from his employment, the case may just cause shall be taken up treated as a grievance where and shall commence at Step of Article provided a written signed by the employee and their Department Xxxxxxx is presented to the Human Resources Manager within three (3) days after the discharge. The Representative of Union will be permitted to attend meeting held pursuant thereto, with the The Union will not question the discharge of any probationary employee nor shall such discharge be the subject ofa grievance. A discharge or suspension grievance shall be referred to a single arbitrator. The Company shall notify the Union representative of the opinion that his termination was without just cause. (b) Where an discharge of bargaining unit employees. Should the parties agree or should the satisfy the arbitrator a seniority employee has been discharged or suspendedwithout proper cause, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The such employee shall be given written reasons for the discharge or suspension within seven (7) days reinstated as an employee without loss of seniority and a copy shall be forwarded compensated accordance with the provisions of Article hereof subject to right of the Union Officearbitrator to substitute other penalty for discharge as the arbitrator deems just and reasonable in all the circumstances. The employee shall also will be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of considered a probationary employee may until they have been employed by the Company for period of three (3) continuous calendar months. During such probationary period they will have seniority rights but once seniority is acquired it will be carried out for reasons less serious than what would regarded as having started the date upon such probationary period commenced. Notwithstanding any other provisions contained in this Collective Agreement, the termination of employmentof a probationary shall be justified for a non- probationary employee and may be carried out at the sole discretion of the Company at any time during the probationary periodCompany. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge There shall be filed at Step Noa seniority showing bargaining unit employees in order of seniority. 3 within five (5) days from Such list shall show the date employee's seniority and the Union Office receives department in which the written reasons for the suspension or dischargeemployee holds such seniority. Receipt of the written reasons Seniority lists shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just revised once every six (6) months and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be copies supplied to the employee and a copy Union. Subject to the provisions of this Agreement, seniority shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.department

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) . Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or dischargeor suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) . The Union acknowledges that the dismissal of dismissalof a probationary employee may be carried out for reasons less serious than what would be justified bejustified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or discriminatoryor in bad faith. 9.02 . Any grievance relating to relatingto a suspension or discharge shall suspensionor dischargeshall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or suspensionor discharge. Receipt of Receiptof the written reasons shall be proven by means of a facsimile confirmation. 9.03 . Grievances alleging unjust discharge may be settled by confirming the Company’s 's action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 . No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or andlor the Union shall be appended to such record and form part of said file. 9.05 . Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 . Prior discipline cannot be used in progressive discipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be permitted to rely on any discipline which occurred eighteen (18) months prior to the date of the incidentgiving rise to the current discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once 9.01 In the event of an employee, who has attained seniority statusseniority, has been being discharged from his employmentemployment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he grievance. The Company shall have the right to interview his shop xxxxxxx release any employee for a reasonable any reason, during his/her probationary period of time before leaving the premises. The and such employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded have no recourse to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faithprocedure. 9.02 Any grievance relating to a suspension or discharge A claim by an employee, who has attained seniority, that he/she has been unjustly discharged from his/her employment shall be filed at treated as a grievance if a written statement of such grievance, signed by the employee, is lodged with Management within three (3) working days after the employee is notified of his/her discharge. All preliminary steps of the grievance procedure prior to Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall will be proven by means of a facsimile confirmationomitted in such cases. 9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the Company’s Management's action in dismissing the employee, or by reinstating the employee in his/her former position with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring partiesparties or of the Board of Arbitration, as the case may be. 9.04 No discipline shall be (a) Any disciplinary action taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on and noted in an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by removed from the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve 's record twenty-four (1224) months has elapsed from the date of the incident which gave rise to said prior disciplinedisciplinary notation. 9.07 No bargaining unit 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline another bargaining unit is to be provided. The committeeperson shall attend the meeting without loss of wages. Employees will not have disciplinary meetings without union representation. Such disciplinary meeting shall normally take place during the employee’s scheduled shift. This If the issue requires an immediate meeting, he/she may be called in at a time he/she is not scheduled. If the employee requests to meet for a reasonable period of time with the Union Committee member after the initial meeting has concluded, such request will not be unreasonably denied. When it is known that discipline is to be administered, the reason(s) for the discipline shall not prevent employees with lead hand responsibilities from giving directions be communicated during the meeting and confirmed in writing to other bargaining unit membersthe employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once Whenever an employee, who has attained seniority statusother than a probationary employee, has been discharged is discharged, will, at request, be given an opportunity of interviewing Xxxxxxx or Committeeperson before is required to leave the plant; unless, because of the nature of the offense it is necessary to require the immediate expulsion of an employee from his employmentthe plant. In cases of immediate expulsion, the case may employee's Xxxxxxx or Committeeperson will be taken up notified immediately and the Xxxxxxx or Committeeperson will be given an opportunity to interview the discharged employee at some convenient location. "Should the Employee protest her discharge as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspendedGrievance, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee such protest shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrarypresented, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 writing, within five (5) working days. The Grievance procedure commencing with Step No. Sub-section will then be followed. At this meeting the Parties may make any suitable arrangement deemed to be just and equitable under the circumstances". No grievance covering such discharge may be submitted to arbitration after thirty (30) working days such time as may be agreed upon) have elapsed from the date that Management's written decision is presented to the Union Office receives Union. In the written reasons for case of Arbitration, the suspension or discharge. Receipt of the written reasons shall Arbitrator may direct any suitable arrangement deemed to be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in under the opinion of the conferring parties. 9.04 No discipline circumstances. An employee, other than a Skilled Trades Employee, shall be taken after ten considered on probation until has worked a total of three hundred and twenty (10320) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is laterhours within a twelve (12) month period. Furthermore, no entry A Skilled Trades Employee shall be made considered on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence probation until has worked a total of his Union Xxxxxxx or the Union Business Agentfour hundred (400) hours within a twelve (12) month period. The employee may waive Company has full right to discharge or layoff probationary employees. On discharge, a reason will be given, if requested by the employee. On matters concerning working conditions, probationary employees shall be entitled to the assistance of the Union by doing so and have recourse to the Complaint and Grievance procedures, but this right shall not apply in writing a case of discharge or layoff. Seniority will be acquired after an employee has served the probationary period as outlined in advance or at Section sub-section (a) and and name will appear on the time seniority list. "Seniority lists will be established on a plant-wide basis and will be issued January April July and October of each year". It is understood that, during the term of this Agreement, the provisions of the meetingSeniority and other related clauses will be subject to change upon agreements between the Company and the Union. A copy As new Employees are hired, their names are entered in the employment record book in the order of any adverse hire. Thus, names of newly hired employees will appear in sequence in the order of hire. Upon their acquiring seniority, their names are entered on the permanent "Seniority and Classification Listing" in exactly the same order in which their names appear in the employment record shall be supplied to book. On the employee and a copy shall be forwarded to seniority listing, the Union Office. Any written response Employee's order of seniority is established by the employee and/or order of listing. The order of seniority on this listing is also indicated by the Union shall be appended seniority number which appears opposite each Employee's name in the right hand column of the listing page. The lower numbers establish a higher seniority. These numbers however, are not necessarily permanent, for as deletions in Employees occur their numbers are reassigned to such allow the remaining number to close the In the event of the layoff of Employees whose names do not appear on the Seniority listing, probationary Employees are laid off first in the precise order in which their names are recorded in the employment record and form part of said file. 9.05 Upon request by an employee, that employee's record book. The name which appears last will be available for review by the employeefirst to be laid off and etc., or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the reviewunder this procedure. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once A claim by an employee, who has attained seniority status, Employee that he has been unjustly discharged from his employment, the case may employment shall be taken up treated as a grievance, only if a written statement of such grievance where is lodged with the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Branch Manager within five (5) days from after the date the Union Office receives the written reasons for the suspension or Employee has been given notice of discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the CompanyManagement’s action in dismissing the employee, Employee or by reinstating the Employee with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties. 9.04 No discipline . When an Employee has been dismissed without notice, he shall have the right to interview his Xxxxxxx for a reasonable period of time before leaving the plant premises. An Employee shall give the Company two (2) weeks notice of termination of his employment. Except in the cases of for just cause (where no notice need be taken after ten (10) days given), the Company, when it terminates or permanently lays off an Employee who has completed the probationary period, shall give the Employee the same notice of termination or layoff or shall pay the Employee wages, at regular rates, in lieu of the date period for which notice was not given. Employees who have not given proper termination notice may have deducted from monies due but not paid for wages or vacation pay, the amount of would have been earned by the incident giving rise to Employee during the discipline or period of notice which should have been given the date on which Company. Unless otherwise agreed between the Union and the Company could reasonably have become aware of the incidentin writing, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline warning cannot be used in progressive discipline if twelve against any Employee after a period of eighteen (1218) months has elapsed from the date of issuance of such warning and will not be relied on for any purpose, provided the incident Employee did not receive any further warnings or other discipline within the eighteen (18) month period. Where an Employee is given a written reprimand, suspension or is discharged, the Employee shall be notified in writing and a copy of the written disciplinary notice given to the Employee shall be given to the Shop Xxxxxxx or in the absence of a Xxxxxxx, a copy will be mailed to the Union office (Winnipeg) by registered mail. At any disciplinary meeting the Company will endeavour to have a Xxxxxxx available at the time but failure to do so does not vitiate the discipline imposed. Except for cases which gave rise to said prior discipline. 9.07 No bargaining unit employee shall justify immediate dismissal the Company apply the following form of progressive discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.for the same offence:

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained seniority statusattainedsenioritystatus, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) . Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within suspensionwithin seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) . The Union acknowledges that acknowledgesthat the dismissal of a probationary employee may be carried out carriedout for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 . Any grievance relating to relatingto a suspension or discharge shall dischargeshall be filed at Step No. 3 within five (5) days 5)days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of Receiptof the written reasons shall reasonsshall be proven by means of a facsimile confirmation. 9.03 . Grievances alleging unjust discharge may be settled by confirming the Company’s 's action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or Stewardor the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 . Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 . Prior discipline cannot be used in progressive discipline progressivediscipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be to rely on any discipline which occurred eighteen (18) months prior to the date of the incidentgiving riseto the current discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop xxxxxxx for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- non-probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Xxxxxxx or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be permitted to rely on any discipline which occurred eighteen (18) months prior to the date of the incident giving rise to the current discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.

Appears in 1 contract

Samples: Collective Agreement