Common use of DISCHARGE & DISCIPLINE Clause in Contracts

DISCHARGE & DISCIPLINE. 9.01 A claim by an employee who has completed his/her probationary period that he/she has been unjustly disciplined or discharged from his/her employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 3. 9.02 When an employee has been dismissed, he/she shall have the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company will advise the Plant Chair if they let anyone go as above. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline”. (d) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulations.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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DISCHARGE & DISCIPLINE. 9.01 10.01 A claim by an employee who has completed his/her their probationary period that he/she has they have been unjustly disciplined or discharged from histhey/her their employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 3. 9.02 10.02 When an employee has been dismisseddisciplined or discharged, he/she the employee shall have the right to interview his/her meet their xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 10.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer Company (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer Company is not subject to the grievance procedures and does not constitute a difference between the parties. The company Company will advise the Plant Chair or Xxxxxxx if they let anyone go as above. (a) In all cases of discipline (including discharge), the Company will ensure the employee will be provided the assistance of a Shop Xxxxxxx. If the Xxxxxxx is not available, any of the Union Executive or JHSC members can be utilized. Should none of these representatives be available then the employee will have the option to have an alternative representation. (b) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employeremployee, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not no Union Representative is available, the Local Union Plant Chairperson or their designate will be notified as soon as possible and without delay thereafter. (bc) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager, and/or Human Resources and a Union Representative. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual.. Corrective notices must be issued within 7 working days of the incident or from the date the Company becomes aware of the incident. Extension of the timeline may be granted upon mutual agreement (cd) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline. This is not an admission of guilt”. (de) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen twelve (1812) months providing the employee is discipline-free for that eighteen twelve (1812) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulations.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim 15.01 An Employee will have the right to have a xxxxxxx present at any meeting where discipline is being imposed or at any meeting relating to the conduct of the Employee where it becomes apparent that the meeting might result in disciplinary action. The Employee will be informed of his/her right to have a xxxxxxx present under the above circumstances. An Employee who chooses not to have a Xxxxxxx present will be asked by an employee the Employer to make this election in writing. 15.02 Discipline, suspension or discharge may only be affected upon the authority of the Executive Director or her designate and will be done in a confidential and private manner, subject to the Executive Director or her designate, the Employee’s immediate supervisor and the Xxxxxxx if requested being present. Any disciplinary record shall be given to the Employee in writing, with a copy to the Union if the Employee agrees. 15.03 An Employee who has completed his/her probationary period that he/she and claims her has been unjustly disciplined or unjustly discharged from his/her employment, shall be treated as employment may file a grievance if a written statement of such grievance is lodged in writing with the Executive Director or her designate at any time within three seven (37) working days after the employee ceases to work for the CompanyEmployee receives written notification of her discipline/discharge. Such grievances shall The grievance will be lodged dealt with at Step 3. 9.02 When an employee has been dismissed, he/she shall have 1 of the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a grievance procedure. A probationary employee Employee may be disciplined or discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does discipline or discharge will not constitute a difference between the parties. The company will advise parties subject to the Plant Chair if they let anyone go as abovegrievance procedure. (15.04 A grievance referred to in Article 15.03 may be settled under the grievance or arbitration procedure by: a) Whenever possible Confirming the Employer’s action; or b) Reinstating the Employee with or practicable without loss of seniority and with or without compensation for the time lost during the period from the date of her discharge to her reinstatement; or c) By any disciplinary action other arrangement which resolves the grievance. 15.05 Disciplinary letters shall be removed from the Employee’s personnel file eighteen (18) months after the date of issue provided that the Employee has been discipline free for that period of time. 15.06 An Employee shall have the right, at a mutually agreed upon time, to be taken will be administered have access to and review her personnel record in the presence of the employer, the immediate Supervisor or Plant Manager Executive Director and a Union Representative; provided however there is a Union Representative on shift at that timeRepresentation. If not the Local Union Plant Chairperson An Employee will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted permitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received make a copy of the above discipline”documents in the file on the understanding that any more than ten (10) pages will be at the expense of the Employee. (d) Correction notices (warnings) and 15.07 The Union shall receive all notes pertaining relevant documents in a Grievor’s personnel file prior to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for any grievance arbitration proceeding with respect to that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulationsGrievor.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim by an employee who has completed his/her probationary period that he/she has been unjustly disciplined or discharged from his/her employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 32. 9.02 When an employee has been dismissed, he/she shall have the right to interview his/her xxxxxxx union representative for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company Company will advise provide the Plant Chair if they let anyone go as aboveUnion with written notification of the reasons for the termination but failure to do so will in no way prejudice the company's actions to terminate the employee or in any way dilute the company's exclusive right to terminate such employee. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative or designate on shift at that time. If not the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Union or Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee's or Union’s signature shall only be acknowledgment that they have read and received a copy of the above discipline. (dc) Correction notices (warnings) and all notes pertaining Any disciplinary action will take place no later than 5 working days after the date the company becomes aware of the circumstances giving rise to such warnings the discipline unless an extension of time is agreed to in writing by the parties. Employee disciplinary records will be removed from the employee’s file after remain active for a period of eighteen (18) 24 months providing from the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when date the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulationsis issued.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim by an employee who has completed his/her probationary period that he/she has been unjustly disciplined or discharged from his/her employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 3. 9.02 When an employee has been dismissed, he/she shall have the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company will advise the Plant Chair if they let anyone go as above. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not no the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline”. (d) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulations.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim by an employee who has completed his/her probationary period that he/she has been unjustly disciplined or discharged from his/her employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 3. 9.02 When an employee has been dismissed, he/she shall have the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company Company will advise the Plant Chair or Xxxxxxx if they let anyone go as above. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not no the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline”. (d) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulations.

Appears in 1 contract

Samples: Collective Agreement

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DISCHARGE & DISCIPLINE. 9.01 A claim by an employee who has completed his/her probationary period that he/she has been unjustly disciplined or discharged from his/her employment, shall be treated as a grievance if a written statement of such grievance is lodged within three (3) working days after the employee ceases to work for the Company. Such grievances shall be lodged at Step 3. 9.02 When an employee has been dismissed, he/she shall have the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreementagreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company will advise the Plant Chair if they let anyone go as above. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employeremployee, the immediate Supervisor or Plant Manager and a Union Representative; , provided however there is a Union Representative on shift at that time. If not the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline”. (d) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact to the employee’s record if applied to the ESA Emergency Leave regulations.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim 3.1 Employees shall not be discharged, suspended or otherwise disciplined by the Employer without just cause after a one hundred twenty (120) calendar day probationary period. This provision shall not apply to employees hired solely as vacation replacements in accordance with Article 12. Where an employee who has completed his/her probationary period that he/she has been unjustly is disciplined or discharged from his/her employmentdue to poor work performance, shall be treated the Union may raise unreasonable workload as a grievance if defense. 3.2 Except where an employee engages in willful misconduct, the Employer will provide each post-probationary employee at least two weeks notice of the termination of their employment. The Employer shall give any post-probationary employee discharged or disciplined a written statement of such grievance is lodged the grounds for the discharge or discipline within three (3) five working days after the employee ceases to work for discharge or imposition of discipline. A copy of the Company. Such grievances statement shall be lodged sent to the Union at Step 3the same time. 9.02 When an employee has been dismissed, he/she 3.3 The Employer shall have six (6) months from the end of the employee’s one hundred twenty (120) day probationary period to verify that the employee meets the requirements of the Employer and the Department of Education with respect to the health and prior criminal record of the employee. Failure to meet the Employer and Department of Education requirements shall be cause for discharge. The Union may grieve and arbitrate only (1) whether there is sufficient nexus between the prior criminal record and the individual’s employment in the school system that would justify termination of the individual’s employment, consistent with Article 23A of the Correction Law and Section 296 of the Executive Law; and (2) whether the individual’s health renders them unable to perform the essential functions of the job. 3.4 The Employer reserves the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary suspend an employee may be discharged at the sole discretion of and for any reason satisfactory to the employer (unless contrary to the provisions of the Ontario Human Rights Code) and such action by without pay when the Employer is not subject to the grievance procedures and does not constitute a difference between the parties. The company will advise the Plant Chair if they let anyone go as above. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence learns of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafter. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the an employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed by one other individual. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment arrest or that they have read and received a copy of the above discipline”. (d) Correction notices (warnings) and all notes pertaining to such warnings will be removed from the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for subject to investigation by a Department of Education or outside investigative office. When arrested, the employee must report their arrest according to the Employer’s policy (and the employee must report any pending arrest that eighteen (18) month periodpredates their employment), and the Employer shall assess whether the employee shall be suspended with or without pay or returned to work. Attendance Except where prohibited by law, the Employer shall promptly notify the Union of the arrest and/or investigation that has prompted the suspension of the employee and shall provide all relevant information in the Employer’s possession related discipline will be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warningunderlying facts. The Company agrees to accept documented Union may grieve and valid absences from employees without impact arbitrate (1) whether the arrest and/or investigation warrants suspension; and/or (2) in the event that the proceeding connected with the arrest or investigation is resolved in the individual’s favor, a claim that the employee be made whole for any loss of pay or benefits relating to the employee’s record if applied to the ESA Emergency Leave regulationssuspension.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE & DISCIPLINE. 9.01 A claim by A. The Employer agrees to promptly notify any employee and the Union representative in writing of the discharge or the formal discipline of an employee who has completed his/her probationary period that he/she has been unjustly in the district. The employee involved will be allowed to discuss his discharge or discipline with the xxxxxxx of the district and the employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designated representative will discuss the discharge or discipline with the employee and the xxxxxxx. B. Should the discharged or disciplined employee or discharged from his/her employmentthe xxxxxxx consider the discharge to be improper, a complaint shall be treated as a presented in writing through the xxxxxxx to the employer beginning at Step Three of the grievance procedure within two (2) regularly scheduled work days of the discharge or discipline. Step Three of the grievance procedure will then be followed and if a written statement of such grievance the decision is lodged within three (3) working days after not satisfactory to the employee ceases to work for Union, the Company. Such grievances matter shall be lodged at Step 3referred to the rest of the grievance procedure. In opposing any discipline on a current charge, the Employer will not take into account any prior infractions which occurred more than two (2) years previously, "unless the employee's past written record demonstrates a pattern of serious misconduct which is the basis of the present discipline, then, the limit shall be extended to four years, but shall not precede June 30, 1981. 9.02 When an employee has been dismissed" The District may use the progressive system of discipline below in disciplining bargaining unit members for incidents that the District believes can be resolved by following the below system. However, he/she shall have the District retains the right to interview his/her xxxxxxx for a reasonable period of time before leaving the plant premises. 9.03 Notwithstanding anything in this Agreement, a probationary employee may be discharged start at the sole discretion of and step (d) for any reason satisfactory offense that the District determines to present a danger to students or staff, gross misconduct with the employer (unless contrary to students and staff, gross insubordination, blatant disregard for work rules and policies, gross unprofessional or irresponsible conduct on the provisions of job, being served on a felony charge on or off the Ontario Human Rights Code) and such action by the Employer is not subject to the grievance procedures and does not constitute a difference between the partiesjob. The company will advise the Plant Chair if they let anyone go as abovedefinition of gross pertaining to this article is flagrant or outrageous. (a) Whenever possible or practicable any disciplinary action to be taken will be administered in the presence of the employer, the immediate Supervisor or Plant Manager and a Union Representative; provided however there is a Union Representative on shift at that time. If not the Local Union Plant Chairperson will be notified as soon as possible and without delay thereafterVerbal warning by appropriate administrator. (b) Any correction notice must be in writing with the signatures of the Employee, the Supervisor and/or Plant Manager. Any correction notice submitted to the Human Resources Office without the employee’s signature will not be valid, unless otherwise noted as “employee refused to sign” and witnessed Written warning by one other individualappropriate administrator. (c) All correction notices (warnings) to include “The employee’s signature shall only be acknowledgment that they have read and received a copy of the above discipline”Written reprimand by appropriate administrator. (d) Correction notices Suspension with pay pending a “Just Cause” hearing. (warningse) and all notes pertaining to such warnings will Suspension without pay. (f) Dismissal for just cause only. C. Formal reprimands shall be removed from in writing with specific recommendations for improvement. A signed copy of the employee’s file after a period of eighteen (18) months providing the employee is discipline-free for that eighteen (18) month period. Attendance related discipline will formal reprimand shall be applied to an employee’s disciplinary record for the purpose of this provision only when the discipline exceeds a written warning. The Company agrees to accept documented and valid absences from employees without impact given to the employee’s record if applied , prior to inclusion in the ESA Emergency Leave regulationspersonnel file. D. No employee shall be suspended or discharged without just cause.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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