DISCHARGE & DISCIPLINE CASES Sample Clauses

DISCHARGE & DISCIPLINE CASES. 18.1 An employee who is suspended or discharged will be given an opportunity to interview a member of the Plant Committee or a Xxxxxxx before leaving the Employer’s premises. 18.2 An employee who is discharged or suspended for more than 3 days may file a grievance at Step 2 of the Grievance Procedure within 3 days of such discharge or suspension. An employee who is suspended for 3 days or less than 3 days shall take up their grievance at Step 1. 18.3 Discipline on an employee’s file, which is more than 18 months old, will not be considered when determining future disciplinary action.
Sample 1Sample 2See All (6)
AutoNDA by SimpleDocs
DISCHARGE & DISCIPLINE CASES. Refer to Part “A”
Sample 1
DISCHARGE & DISCIPLINE CASES. 9.01 When a meeting is held with an employee where the subject matter is intended to become part of the employee’s disciplinary record, the employee shall have the right to request that a xxxxxxx be present. This provision does not apply where it is necessary under the circumstances to require the immediate expulsion of the employee from the plant premises. 9.02 An employee who has acquired seniority and who is discharged may file a grievance at Step 2 of the Grievance Procedure within three (3) working days after such discharge. An employee who is suspended may file a grievance at Step 1 of the Grievance Procedure within three (3) working days after such suspension. 9.03 Where a grievance which is filed under Article 9.02 is not settled and duly comes before an Arbitration Board or Arbitrator, the Board or Arbitrator may make a ruling, subject to this Article and to Article 9.02: (a) confirming the Employer’s action; (b) reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or (c) disposing of the grievance in any other manner which may be just and equitable. 9.04 Upon reasonable notice being given to the Employer, an employee shall be given an opportunity to review any written discipline or notice of discipline and any formal written performance appraisal report which the Employer has on file for him. The employee may be accompanied by their xxxxxxx. 9.05 The parties recognize that unplanned absenteeism causes problems for the Employer and for one’s fellow employees. It is therefore agreed that if any employee is unable to report to work at the scheduled start time, the employee must contact the Employer at least two
Sample 1
DISCHARGE & DISCIPLINE CASES. In the event the District intends to discipline a permanent employee (i.e., suspension without pay, fine, demotion, or dismissal) the following procedure shall be followed: 1. The District shall notify the employee in writing of the nature of the disciplinary charge and the intended penalty. 2. The employee shall have ten (10) working days to respond to the District. The employee’s response must indicate whether the employee accepts or rejects the penalty and, if he/she rejects the penalty, whether the employee elects to proceed under arbitration pursuant to this Article or the procedures set forth in Civil Service Law Sections 75 and 76. The employee may not elect both procedures. 3. In the event the employee fails to respond within the ten day time period, he/she shall be deemed to have agreed to the proposed penalty. In the event the employee responds to reject the proposed penalty but fails to elect a procedure, the employee shall be deemed to have elected arbitration. 4. Any employee electing arbitration under this provision, failing to timely respond, or deemed to have elected arbitration, will be deemed to have waived any rights he/she had pursuant to Sections 75 and 76 of the Civil Service Law. 5. If an employee elects Civil Service Law Section 75, then the District shall proceed in accordance with that statute. 6. If an employee elects arbitration, the penalty shall be imposed and the Association may make a demand for arbitration within ten (10) work days of notice of the penalty. The arbitration shall be held in accordance with the rules of the American Arbitration Association as may be modified by this Article. In the event of a suspension or discharge, arbitration shall be held within twenty (20) days and a decision rendered within fourteen (14) days. The decision of the Arbitrator is advisory only in all cases except dismissal. In cases of dismissal, the Arbitrator’s decision shall be final and binding. 7. The District reserves its right to suspend an employee without pay pending the Employee’s election under this Article.
Sample 1
DISCHARGE & DISCIPLINE CASES. The Board agrees to notify the Union in accordance with Article and the employee, in all cases of discipline or discharge as soon as possible giving the name of the employee concerned and the reason for the discipline or discharge. Such notification shall be in writing. A discipline shall be a warning in writing that the conduct, work habits or other surrounding the employee are of a continuing or repetitively unsatisfactory nature. Such written warning shall follow a verbal warning only where in the judgement of the Board there has not been sufficient improvement over the period of a month to be specified in the verbal warning. A claim by an employee that he has been unjustly disciplined or discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Superintendent of Business or his representative within three (3) working days after the discipline or discharge, or within three working days after the Union has been notified, whichever is the later. In this Article, days shall exclude Saturdays, Sundays and paid
Sample 1
DISCHARGE & DISCIPLINE CASES. A employee may be dismissed upon the of the Board. The Superintendent of Plant Operationsmay suspend an employeepending the Board's of a discharge recommendation at the next regular Board employee and the Union shall be advised immediately inwriting of the reason for such suspension. A Supervising Engineer may suspend an employee covered by Agreement up to of three days. The Superintendent of Plant Operations may suspend an employee covered by this Agreementup to a period of five days. The Senior Superintendent Business Services have the authority to suspend an employee covered by this Agreement for a in excess of five (5) days but such suspension be immediately reported to the Board for ratification. Such employee and the Union,shall be advised immediately in writing of the reason for suspension. A permanent employee considered by the Union to be wrongfully discharged or suspended be entitled to a hearing under Article Grievance The Union may question the termination of employment of any probationary employee but such not be the subject of a grievance. other matters may be subject to Article Grievance Procedure. Should it be found upon investigation that an employee has been suspended or discharged, such employee shall be reinstated immediatelyin former position, without loss of seniority rating, and shall be compensated for all time lost in an amount equal to basic during the pay period next preceding such discharge or Any employee covered by the Agreement, called to appear before the Superintendent of Plant Operations or a Supervising Engineer or Zone Supervisorfor that may result in action, have two Union executive members or their designates present. Where feasible the Union executive members or their designates shall be provided with forty-eight hours' notice of any such meeting. Disciplinary action for any offenses which, if not repeated within a five year period, will be disregarded in the administration of discipline and at the request of the employeethe disciplinary documentationmore thanfive (5) years old that is on the will be removed and destroyed. Upon suitable notice and at a time suitable to the Board and the employee, an employee shall have access to personnel file. If disagrees with the contents of the recourse shall be made through the grievance procedure. Prior to an adverse report being placed in an employee's personnel file, the employee will be given a and an to make a reply regarding the report. The reply will be filed with the repo...
Sample 1
DISCHARGE & DISCIPLINE CASES 
Sample 1
AutoNDA by SimpleDocs

Related to DISCHARGE & DISCIPLINE CASES

  • DISCIPLINE/DISCHARGE 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstances. 25.02 The affected employee, a Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop Xxxxxxx and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period. (c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.

  • DISCHARGE CASES If an employee believes that he has been unjustly discharged he may commence grievance procedure and it will be instituted at Step 2.

  • DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. 10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available. 10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed: (a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee. (b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint. (c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments. (d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above. 10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given. 10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction. 10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested. 10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.

  • Discharge Grievance (a) An employee shall only be discharged from the employment for just cause, except that an employee who has not completed the probationary period may be released based on a fair and proper assessment against reasonable standards of performance and suitability. An allegation of action contrary to this clause may be taken up as a grievance. As a good labour relations practice, the Home agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension. (b) Such grievance shall proceed directly to Step No. 1 of the grievance procedure and must be presented in writing, dated and signed within ten (10) days following the discharge. (a) If an employee is to be reprimanded or disciplined, she may have a Union Representative present if she so requests. (b) If an employee is to be suspended or discharged, the Employer shall notify her of this right prior to the outset of the meeting. (c) The Union Representatives undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Representative is unavailable, the Union Representative shall provide an alternate representative.

  • Student Discipline 1. The parties recognize that part of the teacher's responsibility is to maintain control and discipline of students. The Board further recognizes its responsibility to give support and assistance to the teacher with respect to the maintenance of control and discipline in the classroom and school in accordance with established Board policies, administrative regulations, building procedures and state statutes; however, the Board shall not be obligated when any disciplinary actions employed by any teacher is contrary to law, Board policy, or administrative regulations. 2. The Board shall set all policies on matters of discipline. A team, minimally consisting of building administrators and teachers, shall develop disciplinary procedures for their respective buildings that are consistent with state statutes, Board policies, and administrative regulations. These disciplinary procedures shall be completed or updated and reviewed by each faculty prior to a date established by the principal. These shall be distributed to students, teachers, and parents no later than October 1 of each year, and it shall be the responsibility of the administration and teachers to enforce these policies, regulations, and procedures. 3. The District and Association shall work together to promote a safe work environment including the right to be free from violent behavior or threatening violent behavior. (2019) When an offense, persistent misbehavior, or the disruptive effect of misbehavior makes the continued presence of a student in the classroom intolerable, the student may be referred by the teacher to the principal or his/her designee for disciplinary action. In such case, an account of the problem or incident will be communicated as soon as feasibly possible, given instructional and safety responsibilities, by the teacher to the principal or his/her designee. The communication should include what previous corrective action, and/or parent communication if any, has been taken by the teacher. The principal or his/her designee shall communicate the disposition of the referral as soon as feasibly possible given administrative and safety responsibilities. In cases when the disruptive effect of the student’s behavior is so extreme as to preclude the instructional process, the teacher shall immediately communicate the need to remove the child temporarily from the classroom until such time as the student, teacher, and principal or other appropriate authority, resolves the situation. (2009)

  • Discharge Without Cause The Bank may discharge the Officer without Cause at any time after the occurrence of a Change of Control or Pending Change of Control, and in such event: (a) The Bank shall pay and deliver to the Officer (or in the event of his death before payment, to his estate and surviving dependents and beneficiaries, as applicable) the Standard Termination Entitlements. (b) In addition to the Standard Termination Entitlements: (i) During the Assurance Period, the Bank shall provide for the Officer and his dependents continued group life, health (including hospitalization, medical and major medical), dental, accident and long-term disability insurance benefits on substantially the same terms and conditions (including any required premium-sharing arrangements, co-payments and deductibles) in effect for them immediately prior to the Officer’s resignation. The coverage provided under this section 6(b)(i) may, at the election of the Bank, be secondary to the coverage provided as part of the Standard Termination Entitlements and to any employer-paid coverage provided by a subsequent employer or through Medicare, with the result that benefits under the other coverages will offset the coverage required by this section 6(b)(i). (ii) The Bank shall make a lump sum payment to the Officer (or, in the event of his death before payment, to his estate), in an amount equal to the value of the salary, bonus, short-term and long-term cash compensation that the Officer received in the calendar year preceding that in which the termination of employment with the Bank occurs to compensate the Officer for the payments the Officer would have received during the Assurance Period. Such lump sum shall be paid in lieu of all other payments of salary, bonus, short-term and long-term cash compensation provided for under this Agreement in respect of the period following any such termination. Such payment shall be made (without discounting for early payment) within thirty (30) days following the Officer’s termination of employment. The payments and benefits described in section 6(b) are referred to in this Agreement as the “Additional Change of Control Entitlements”.

  • Discharge for Cause If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.

  • Discipline Policy A Discipline Policy Committee will be formed upon the request of the Association or the Board of Education. The committee will be comprised of members appointed by the Board and the Association. By the appropriate means determined by the Board, families will be informed of the District's policies regarding student behavior and discipline procedures. The foregoing committees, study groups, or faculty councils shall serve as advisory, consultative and fact-finding bodies only, and the Board shall not be required to adopt any of the recommendations submitted. The Board agrees, however, that the Association and the teachers shall have the right to submit recommendations and views on these subjects.

  • DISCHARGE AND DISCIPLINE (a) No employee, who has acquired seniority, shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s decision or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitrator. (b) The Owner agrees that whenever an interview is held with an employee regarding their work or conduct which becomes part of their record, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by the employee. (a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven (7) days of the incident giving rise thereto. (b) A disciplinary warning or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. (c) Disciplinary warnings and/or reprimands which pre-date a disciplinary action by more than one (1) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provision.

  • DISCHARGE, SUSPENSION AND WARNING 22.01 When the attitude or performance of an employee calls for a warning by the Employer, such a warning shall be a written one, and a copy of this warning will be forwarded immediately to the regional office of Local 52. 22.02 An employee may be suspended or discharged for proper cause by the Employer. Within five (5) workdays following suspension or discharge, the employee involved, together with a Local 52 Representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five (5) workdays following the interview, the Union may submit the complaint to arbitration.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!