Common use of DISCHARGE CASES Clause in Contracts

DISCHARGE CASES. 9.01 In the event of an employee, who has attained seniority, being discharged from employment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance. The Company shall have the right to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to the grievance procedure. 9.02 A claim by an employee, who has attained seniority, that he/she has been unjustly discharged from his/her employment shall be 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 will be omitted in such cases. 9.03 Such special grievance may be settled by confirming the 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 which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may be. (a) Any disciplinary action taken and noted in an employee's record will be removed from the employee's record twenty-four (24) months from the date of the disciplinary notation. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline 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. 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 be communicated during the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.

DISCHARGE CASES. 9.01 In the event of an employee, who has attained seniority, being discharged from employment and the A by employee feeling that the discharge is without cause, the case may be taken up as a grievance. The Company shall have the right to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to the grievance procedure. 9.02 A claim by an employee, who has attained seniority, that he/she he has been unjustly discharged from his/her employment shall be treated as a grievance grievance, if a written statement of such grievance, signed by the employee, grievance is lodged with Management within three General Manager, (37) working calendar days after employee ceases to work for the employee is notified of his/her dischargeCompany. All preliminary steps Such grievance shall at Step of the grievance procedure prior to Step No. 3 will be omitted in such cases. 9.03 Such special grievance may be settled by confirming the 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 which is just and equitable in the opinion of the conferring parties or of the Board of ArbitrationGrievance Procedure, as the case may be. (a) Any disciplinary action taken and noted in an employee's record will be removed from the employee's record twenty-four (24) months from the date of the disciplinary notation. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline is to be herein 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. 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, an employee the reason(s) for the discipline Company such discharge shall be communicated during provided a letter such action a copy be given to Union. At of either Party, a Union Xxxxxxx also attend meeting. The Union Xxxxxxx to conduct a employee, at a place designated by the meeting and confirmed in writing Company, prior to the employee afterwardsleaving premises. the request no to an employee upon request. for leave of absence be in to Manager at two prior to desired date of of leave arid must of leave and the reason for requesting leave. Company's reply be given to the in writing (7) days receipt of request. It is understood employees on leave of absence granted for as Any employee elected or to a full position the be granted upon request one (1) year of absence pay and benefits. An employee to serve on a legally jury during a period he would be scheduled to for the Company be paid wages would period on basis of and current rate of pay. the of the to and adequate proof of amount of jury pay received, be deducted his next pay cheque. Company will not require employee to work any than his scheduled on jury duty but may require an employee excused from duty to complete balance of the regular Employees be granted Pregnancy arid Leaves of Absence accordance the Employment Standards Act. In event of death of an employee's such employee be granted (3) consecutive days off, loss of pay, for the purpose of attending funeral arrangements for such. "Immediate family" shall include father, brother, sister, and wife or partner. event of of a mother-in-law, or grandparents, an employee shall be provided one (1)day off without loss of pay to attend arrangements for funeral. Company will provide a bulletin board in Cafeteria for convenience of the Union for posting notices of Union activity. All notices be signed by the proper officer of local and to the Director of for approval before being posted. event that employee loses or tools or equipment that were supplied to by Company, or fails to return the cost of the or tools or equipment be deducted wages of employee. remain property of Company. Employees are prohibited except engaged in service for are supplied. Any on other to be them against employee. Maintenance of shall include dry as by the Company, cost of be at expense of employee, effective July and in Company supply lockers for employees presence of a employee, to inspect lockers from time to time. The time limits for filing Company its current respect to providing to certain of An employee off duty sickness, be requested by the Company, to produce a grievance as per Article 8 shall commence when medical cause of absence if Company it necessary due to the written confirmation of discipline is receivedemployees previous record.

DISCHARGE CASES. 9.01 8.01 In the event of an employee, employee who has attained seniority, seniority being discharged from employment employment, and the employee feeling that the discharge is without causean injustice has been done, the case may be taken up as a grievance. The Company shall have Probationary employees may be terminated at the right to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to reasonable discretion of the grievance procedureEmployer. 9.02 8.02 All such cases shall be taken up within five (5) days and disposed of within seven (7) days of the date the employee is notified of his discharge, except where a case is taken to arbitration. A claim by an employee, who has attained seniority, that heshe/she he has been unjustly discharged from his/her employment shall be treated as a grievance grievance, if a written statement of such grievance, signed by grievance is lodged with the supervisor of the employee, is lodged with Management within three (3) working days after at a time mutually agreeable to both parties, from the time the employee is notified of his/her discharge. All preliminary steps of ceases to work for the grievance procedure prior to Step No. 3 will be omitted in such casesEmployer. 9.03 8.03 Such special grievance may be settled by confirming the ManagementEmployer'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 which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may beparties. (a) Any disciplinary action taken and noted in If an employee's record employee is to be suspended or dismissed the shop xxxxxxx will be removed from the employee's record twenty-four (24) months from the date present and if not available, a member of the disciplinary notationbargaining unit of the employees choosing may be present. 9.05 An (b) If there is a meeting with an employee shall and the Employer which is a disciplinary meeting, the employee will be advised of his or her right to have a Union xxxxxxx present if available, or another member of the bargaining unit if the xxxxxxx is not available. If the Employer fails to give this advice, the discipline will not be void. 8.05 Employees will be granted reasonable access to their personnel file at a mutually agreeable time during their personal breaks or after regular shift and must be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or shop xxxxxxx and a meeting where discipline is to be provided. The committeeperson shall attend member of 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. 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 be communicated during the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is receivedpersonnel department.

DISCHARGE CASES. 9.01 In the event of an employeeSubject to 2.04 (a), who has attained seniority, being discharged from employment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance. The Company shall have the right to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to the grievance procedure. 9.02 A claim by the Union that an employee, who has attained seniority, that he/she employee has been unjustly discharged from his/her employment shall be treated as a special grievance if a written statement of such grievance, signed by the employee, special grievance is lodged with Management within three the Director of Education or designate by a member of the Union Committee or designate no later than ten (310) working days after the notification to the employee. The Employer shall direct a letter to the employee is notified of his/her dischargeconcerned and a copy thereof to the Chief Xxxxxxx stating its reasons for any discharge or suspension. All preliminary steps of Despite the grievance procedure prior to Step No. 3 foregoing, the Union and the Employer agree that a lesser standard for discharging employees shall apply during an employee’s probationary period. 9.02 A special meeting between the Union Committee and the Employer will be omitted in held within ten (10) working days of receipt of such casesspecial grievance. 9.03 Failing settlement of such special grievance under the foregoing procedure, the grievance may be referred to arbitration as provided for under Article 8. Such special grievance may be settled by confirming the Management's Employer’s action in dismissing the employee, or by reinstating the employee in his/her former position with full compensation for time lostor without compensation, or by any other arrangement which in such a manner as is deemed just and equitable in the opinion of the conferring parties or the arbitration board. 9.04 The Chief Xxxxxxx shall be notified on the dismissal of an employee and such notice will be mailed within one (1) day of the Board of Arbitration, as the case may be. (a) Any disciplinary action taken and noted in an employee's record will be removed from the employee's record twenty-four (24) months from the effective date of the disciplinary notationdismissal. Verbal notice will be given to the Chief Xxxxxxx, or Union representative, on the day the employee is dismissed if a Union representative is not present at the time the employee is notified of the dismissal. 9.05 An If an employee shall be accompanied by has a committeeperson for an investigatory meeting 24 month period during which may lead to disciplinethere was no disciplinary action against the said employee, or a meeting where discipline 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 then the employee’s scheduled shift. If disciplinary record during the issue requires an immediate meetingtime prior to the commencement of the said 24 month period shall not be used against the employee. 9.06 An employee, heshall, upon written request to the Director of Education or his/she her designate be granted the opportunity to view his or her complete personnel file in the presence of the Manager of Human Resources or his/her designate. 9.07 An employee who may be called in at a time he/she is not scheduled. If the employee requests subject 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 be communicated during have the meeting and confirmed in writing right to Union representation. It is the Employer’s responsibility to inform such employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is receivedthat right to representation.

DISCHARGE CASES. 9.01 In the event of an employee, who has attained seniority, being discharged from employment and the employee feeling The Union acknowledges that the discharge probationary period is without cause, the case may be taken up as a grievance. The Company shall have trial period within which management reserves the right to release any appraise new employees and that the sole fact that a new employee for any reason, during his/her probationary period and such employee shall have no recourse has not performed to the grievance procedure. 9.02 standards of an approved employee is just cause for dismissal. A claim by an employee, who has attained seniority, approved employee on the seniority list that he/he or she has been unjustly discharged or suspended from his/his or her employment shall be treated as a grievance if a written statement of such grievance, signed by the employee, is lodged with Management the Manager within three (3) working days hours after the employee is notified of his/her discharge. ceases to work for the Company All preliminary steps of the grievance procedure prior to Step No. 3 will be omitted in such cases. 9.03 . When an employee is discharged or suspended from employment, shall be given a letter of discharge or suspension stating reasons for same. The xxxxxxx or designate and the Union office will be given a copy. The discharged or suspended employee will be allowed to interview xxxxxxx or designate, prior to leaving the premises, provided the xxxxxxx or designate is on duty. If an employee so desires a xxxxxxx or designate will be present when an employee is given discipline above a verbal warning. Such special grievance grievances may be settled by confirming the Managementmanagement's action in dismissing the employee, employee or by reinstating the employee in his/her former position with full compensation for time lost, or by any other arrangement which 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 or of parties, it may treated as a grievance and referred to arbitration in the Board of Arbitration, same way as the case may be. (a) Any disciplinary action taken and noted in grievance of an employee's record will be removed from the employee's record twenty-four (24) months from the date of the disciplinary notation. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline is to be provided. The committeeperson shall attend the meeting without loss Company agrees to provide a copy of wages. Employees will not have disciplinary meetings without union representation. Such disciplinary meeting shall normally take place during the employee’s scheduled shift. 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 all notices of discipline given 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 be communicated during the meeting and confirmed in writing employees to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is receivedChairperson.

DISCHARGE CASES. 9.01 In the event of an employee, who has attained seniority, being discharged from employment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance. The Company shall have the right to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to the grievance procedure. 9.02 A claim by an employee, who has attained seniority, that he/she has been unjustly discharged from his/her employment shall be 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 will be omitted in such cases. 9.03 Such special grievance may be settled by confirming the 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 which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may be. (a) Any disciplinary action taken and noted in an employee's record will be removed from the employee's record twenty-four (24) months from the date of the disciplinary notation. Discipline related to harassment, discrimination, violence, or drugs and alcohol in the workplace will remain on the Employee’s record if the employee receives any further discipline related to those issues during the following twenty four (24) months. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline 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. 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 be communicated during the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.

DISCHARGE CASES. 9.01 (1) In the event of an employee, employee who has attained seniority, seniority being discharged from employment employment, and the employee feeling alleges that the discharge is without causean injustice has been done, the case may be taken up as a grievance. The Company shall have the right to release any employee for any reason, during his/her probationary period and such . (2) Discharge of an employee shall have no recourse to the grievance procedureonly be undertaken by a Department Head or designated Director. 9.02 (3) A claim by an employee, who has attained seniority, that he/she he has been unjustly discharged from his/her his employment shall be treated as a grievance if a written statement of such grievance, signed by the employee, grievance is lodged with Management the Senior Director, Human Resource Services by the Union within three five (35) working days after the employee is notified of his/her discharge. All preliminary steps of ceases to work for the grievance procedure prior to Step No. 3 will be omitted in such casesCorporation. 9.03 Such special (4) A discharge or suspension grievance may be settled by confirming the Managementmanagement'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 which is just and equitable in the opinion of the conferring parties parties, or in the opinion of the Board of Arbitration, as the case may bean Arbitration Board. (a5) Any Where any employee has been dismissed without notice, he shall have the right to interview a member of the Executive Committee of the Union for a reasonable time before leaving the Corporation's premises. (6) The Union Xxxxxxx or Executive Officer shall be advised and have the right to be present whenever the Employer discharges, suspends or issues a written warning of offence or any disciplinary action taken document intended for the personnel-8fi-le. (7) An employee who has been the recipient of a Warning of Offence or on whose record a Derogatory Notation has been made, will have an opportunity to have such Warning of Offence or Derogatory Notation removed from his/her file in accordance with the following procedure: Such employee in excess of two year's service with the City , who has not received a Warning of Offence or caused a Derogatory Notation to be made on his record for two (2) consecutive years, may request a review by the Senior Director, Human Resource Services. The Department Head and noted in an employee's record will be removed Senior Director, Human Resource Services may remove, at their option, any such Warning of Offence or Notation from the employee's record twenty-four (24) months from the date of the disciplinary notationrecord. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline 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. 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 be communicated during the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.

DISCHARGE CASES. 9.01 In the event of (a) It is recognized that an employee, who 's period of probation (the first fifty (50) days worked for full time employees and 176 hours worked for part time employees) is a period during which the Employer has attained seniority, being discharged from employment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance. The Company shall have the right to release any assess an employee to determine whether such employee is, in the discretion of the employer, acceptable for any reasonemployment and may be dismissed for reasons less serious than would justify the dismissal of an employee on the seniority list. However, during his/her the first fourteen (14) working days worked of the probationary period period, it is recognized that probationary employees may be dismissed at the discretion of the Employer and such employee shall have no recourse dismissal will be deemed to be for just cause and will not be questioned or made the grievance proceduresubject of a grievance. 9.02 (b) A claim by an employee, who has attained seniority, employee (subject to 11.6 (a» that he/she has been unjustly discharged from his/her employment shall be treated as a grievance if a written statement of such grievance, signed by the employee, is grievance Is lodged with Management the manager of the Hotel within three five (35) working days after the employee is notified of his/her dischargeceases to work for the Employer. All preliminary steps of the ofthe grievance procedure prior to Step No. 3 will be omitted in such cases. 9.03 (c) Such special grievance grievances may be settled by confirming the Managementmanagement's action in dismissing the employeeemployee {subject to 11.6 (a)}, or by reinstating the employee in his/her former position with full compensation for time lost, lost or by any other arrangement which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may beparties. (ad) Any disciplinary action taken and noted in When an employee's record will be removed from employee has been dismissed she shall have the employee's record twenty-four (24) months from the date of the disciplinary notation. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead right to discipline, or a meeting where discipline 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. 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 interview her xxxxxxx for a reasonable period of time with before leaving the Union Committee member after premises. (e) The Employer shall in its evaluation of probationary employees act in good faith taking into consideration the initial meeting employee's conduct, attitude, attendance and appearance. (f) This does not prevent a probationary employee who has concluded, such request will not completed his fourteen (14) working days worked from lodging a grievance either at Step#1for discipline for Step #3 in the cast of discharge. (g) No employee shall be unreasonably denieddisciplined or discharged on her day off. When it is known that discipline is to be administeredIn any event, the reason(s) for Employer reserves the discipline shall be communicated during right to instigate disciplinary action should an employee engage in misconduct while on the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is receivedEmployer's premise on her day off.

DISCHARGE CASES. 9.01 (a) In the event of an employee, who has attained seniority, employee being suspended or discharged from employment employment, and the employee feeling that the discharge is without causean injustice has been done, the case may be taken up as a grievance. The Company Notwithstanding an employee who has not attained seniority may only grieve a discharge if the discharge was done in a manner that was arbitrary, discriminatory, or in bad faith. such cases shall have be taken up within five (5) days and disposed of within seven (7) days (or such longer period as may mutually agreed upon) of the right date the employee is notified of suspension or discharge, except where a case is taken to release any employee for any reason, during his/her probationary period and such employee shall have no recourse to the grievance procedure. 9.02 arbitration. A claim by an employee, who has attained seniority, employee that he/she has been unjustly wrongly suspended or discharged from his/her employment employment, shall be treated as a grievance as defined by Article if a written statement of such grievance, signed by the employee, grievance is lodged with Management the Manager, Human Resources within three (3) working days after the employee is notified of his/her suspension discharge, or within five (5) days after the employee ceases to work for the employer, whichever is the earlier. All preliminary steps of the grievance procedure prior to Step Step. No. 3 will may be omitted in such cases. 9.03 . Such special grievance grievances may be settled by confirming the Management's Employer’s action in suspending or dismissing the employee, or by reinstating the employee in his/her former position with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may be. (a) Any disciplinary action taken . The Union shall have the right to represent a member at a Board meeting when a recommendation for discharge of that member is being presented to the ARTICLE :MANAGEMENTGRIEVANCES It is understood that the Employer may file with the Xxxxxxx and noted a Union Representative any complaint with respect to the conduct of the Union, its officers or stewards, any complaint that a contractual obligation undertaken by the Union has been violated, and that if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee's record will . No such grievance shall be removed from considered where the employee's record twenty-four circumstances giving rise to it occurred or originated more than five (245) months from full working days before the date filing of the disciplinary notationgrievance. 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline 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. 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 be communicated during the meeting and confirmed in writing to the employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.