Discharge for Gross Misconduct. Gross misconduct on the part of the employee shall result in the employee being placed on administrative leave with pay by the appropriate administrator or supervisory personnel. Such action shall be valid until an appropriate investigation of the facts pertaining to the alleged gross misconduct can be conducted and, based upon the findings, reinstate, reinstate with discipline or discharge the alleged offender. Investigations will be conducted as expeditiously as possible. When practical, the conditions contributing to placing the employee on administrative leave should be brought to the attention of the appropriate division head before notifying the employee. A recommendation to discharge an employee for gross misconduct following an investigation of the charges can only be made by a division head and/or the Chief Human Resources Officer. Examples of gross misconduct are:
Discharge for Gross Misconduct. Where the Employer determines that an Employee has engaged in Gross Misconduct, the Employer may discharge such Employee immediately without engaging in progressive discipline. Gross Misconduct includes behavior that threatens the safety, health or welfare of employees, managers, consultants, interns, visitors or other individuals or business relations or that materially threatens the business or reputation of the Employer. Examples of Gross Misconduct include, among other things, violence, threats of violence, theft or destruction of Employer or co-worker property, etc. Nothing in this provision shall prevent or preclude any Employee from speaking publicly, privately, or to a member of the media about working conditions at the organization (excluding information that is malicious or knowingly false) provided that any such communications are not in violation of the Employee's legal obligations or any lawful written policy of the Employer.
Discharge for Gross Misconduct. The Company shall have the right to discharge an employee immediately for insubordination, dishonesty, drunkenness or gross misconduct. If the Union notifies the Company within ten (10) days after such discharge that in its opinion such discharge is not justified, such discharge may be submitted to grievance procedure and arbitration under the provisions of Article XXIII hereof. If the final decision of the arbitrator is that the discharge was not justified, the arbitrator shall order the reinstatement of the employee involved to the position held by him/her with his/her seniority standing and all other rights unimpaired (unless in the interval his/her position has been eliminated or unless the arbitrator finds that the employee's conduct, subsequent to his/her discharge, would justify his/her discharge) and with or without an award for the net wages (as hereinafter defined in Paragraph I hereof) lost by him/her either in whole or in part, as may be decided by the arbitrator.
