DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 2 contracts
Samples: Parcel Agreement, Parcel Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- eragesworkday, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or while on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspensions, discharges, or prior panel cases during the presentation of cases. All warning notices must be issued within ten (10) days of the Employer's discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alcohol testing shall apply. Discharge or s Suspension must be by proper written notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, and sent to the employee and the Union affected. Discharge must be by proper written notice notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, to the employee employee. The Union will also receive copies of all suspension and discharge notices via mail, or by mutual agreement in electronic format. If requested at the Union affectedhearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issuance. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The A.A.P.G.C. and compensated at his/her usual rate of pay while he/she has been out of workthe impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right warning notice. Suspensions are to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.be served upon:
Appears in 2 contracts
Samples: Supplemental Tentative Agreement, Supplemental Tentative Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for serious accidents, or failure to report a driver will not be removed from the payroll during an investigation of an accident. The driver can be assigned to non-driving work during this period. Before disciplinary action is taken, or punch- ing a time card meeting shall be held with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice notice, suspension or discharge as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge Any disciplinary action must be by proper written notice to the employee and the Union affected. Disciplinary letters must be issued by the Company within ten (10) working days after the incident. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done to an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An employee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 2 contracts
Samples: Central Pennsylvania Supplemental Agreement, Central Pennsylvania Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employ- ee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident acci- dent while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for seri- ous accidents, or failure to report a driver will not be removed from the payroll during an investigation of an accident. The driver can be assigned to non-driving work during this period. Before disciplinary action is taken, or punch- ing a time card meeting shall be held with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice notice, suspension or discharge as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge must Any disciplinary action will list the violation(s) and be by proper written notice to the employee and the Union affected. Disci- plinary letters must be issued by the Company within ten (10) working days after the incident. Any employee may request an investigation in- vestigation as to his/her discharge or suspension. Should such an investigation in- vestigation prove that an injustice has been done an employee, he/he/ she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge or suspension must be taken within with- in ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An em- ployee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 2 contracts
Samples: teamster.org, www.teamsterslocal776.org
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee employees without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report or, for employees hired after June 1, 1985, material falsification of an accidentemployment application. Employees given notice of discharge for committing an offense for which a prior warning letter is required will not be separated from employment until after the Employer, or punch- ing a time card other than employee’s own for the purpose Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of steal- ing timethe Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period of more longer than nine (9) months from date of said warn- ing notice. outlined in the "Uniform Rules and Regulations." Discharge must be by proper written notice to the employee and the Union affected. Any employee The Local Union may request an investigation a hearing as to his/her discharge an employee's discharge, suspension or suspensionany disciplinary action. Should such an investigation hearing prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and compensated at his/her usual rate of pay while he/she has been out of workthe appropriate Area Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice notice, and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employee involved is not within the home terminal area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his return to the home terminal. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall then be taken up as provided for in Article 46 7 of the National Master Automobile Transporters Agreement. "Uniform Rules and Regulations" with respect to disciplinary action covering the Area as approved by the Joint Area Committee shall prevail in the application and interpretation of this Agreement. There shall be an immediate notification in writing by the company Article regardless of any provisions of this Agreement to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargecontrary.
Appears in 2 contracts
Samples: Central and Southern Areas Supplemental, Central and Southern Areas Supplemental
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just causecause until the case has been discussed with the Business Agent in person, where practical, except where the provisions of this Article provide for discharge, but in respect to suspension or discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx Job Xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. No warning notice need be given to an employee before the employee is discharged if the cause of such discharge is: Calling an unauthorized strike or walkout, Drunkenness, drinking during working hours, (including lunchtime), Being under the influence of liquor or drugs during working hours, Illegal possession of drugs, Proven theft or dishonesty, A rollaway accident that is a serious accident as defined in Article 18 Section 3, An unreported accident, Unprovoked physical assault on a shipper, consignee or Employer or the representative of any of them during working hours, Carrying unauthorized passengers in Employer's vehicle, Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her their discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she they shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargenotice.
Appears in 2 contracts
Samples: Service Agreement, National Master United Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. Section 1 The Employer Company shall not discharge nor or suspend any employee associate without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employeeassociate to the associate, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any employee an associate before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, or being under the influence drunkenness, use of alcoholic xxx- eragesillegal drugs, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or making threats of physical harm to any person(s) employed by the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timeEmployer. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) 12 months from the date of said warn- ing warning notice. Discharge must be by proper written notice to the employee associate and the Union affectedUnion. Any employee associate may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employeeassociate, he/she that associate shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The Company shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension, or suspension warning notices must be taken within ten (10) 10 days by written notice and a decision reached within fifteen (15) 30 days from the date of discharge discharge, suspension or suspension. warning notice. If no decision has been rendered on the appeal within fifteen (15) 30 days, the case shall then be taken up as provided for in Article 46 the Grievance Procedure. The Company will make every effort to give written notice of this Agreement. There shall be an immediate notification in writing by discipline, suspension or warning within 10 days of the company occurrence giving rise to the officers discipline or of the Union Company's knowledge of such occurrence. Failure to give notice within 10 days, where the delay is excusable or reasonable under the circumstances, will not bar the imposition of discipline. The Company may request an associate to take a medical test to determine whether the associate was under the influence of intoxicating liquor or drugs, and the employee involved for all infractions of the Company rules by the employees. Unless an associate's refusal to submit to such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall test may be considered condonedas a presumption that the associate was under the influence. Such tests will be based on the following: reasonable suspicion, but receipt by or post-accident, or as a result of selection under the Union Company's random drug and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargesubstance testing program.
Appears in 1 contract
Samples: Agreement (Tractor Supply Co /De/)
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for serious acci- dents, or failure to report a driver will not be removed from the payroll during an inves- tigation of an accident. The driver can be assigned to non-driving work during this period. Before disciplinary action is taken, or punch- a meet- ing shall be held with the employee and the employee shall have the right to choose a time card Xxxxxxx who is readily available and on the prem- ises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice warn- ing notice, suspension or discharge as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge Any disciplinary action must be by proper written notice to the employee and the Union affected. Disciplinary letters must be issued by the Company within ten (10) working days after the inci- dent. Any employee may request an investigation as to his/her discharge dis- charge or suspension. Should such an investigation prove that an injustice injus- xxxx has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) days by written writ- ten notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An employee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 1 contract
DISCHARGE OR SUSPENSION. A. The (a) Whenever the Employer shall not discharge nor suspend any deems it necessary to censure an employee without just causein a manner indicating that disciplinary action may occur, but in respect to discharge or suspension shall give at least one (1) warning notice a meeting of the complaint against such employee, a Union Representative and the Employer will be held. The supervisor shall so notify the employee in writing, and a copy advance of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timethe meeting in order that the employee may contact representative to be present at the meeting. The warning notice as herein provided shall not remain in effect for a period Written minutes of more than nine (9) months from date of said warn- ing notice. Discharge must this meeting may be by proper written notice recorded and copies distributed to the employee and the Union. The minutes, letters of censure, reprimand or criticism which are two years old shall be removed from the employee's file and shall not be considered in connection with any disciplinary action. An employee shall have the right to have access to any document in file which has been executed after the employee's hire or seniority date in the bargaining unit, whichever comes later. Employees shall have the right to respond in writing to such documents contained therein; such reply becoming a part of the employee's record. An employee who has completed six (6) months probationary period may be dismissed but only for just cause and only upon the authority of the manager. The supervisor may suspend an employee but shall immediately report such action to the manager. Such employee and the Union affected. Any employee may request an investigation as to his/her shall be advised promptly in writing, by the Employer, of the reason for such discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the An employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union to be wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article Grievance Procedure. Steps I, and of the grievance procedure shall be omitted in such cases. Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in former position, without loss of seniority rating, and shall be compensated for all time lost in an amount equal to normal earnings during the pay period next preceding such written notice shall not be construed discharge or suspension, or any other arrangement as to mean that a violation has been committed. Whereby it compensation which is understood just and agreed that warning letters should be protested immediately with the understanding that is, equitable in the nine (9) month period following any other action opinion of the parties or in the opinion of the Board of Arbitration if the matter is taken against the employee pertaining referred to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or notsuch a Board. Based upon that decision, the Union would then argue the suspension and/or discharge.ARTICLE
Appears in 1 contract
Samples: negotech.labour.gc.ca
DISCHARGE OR SUSPENSION. A. The Employer or its agent shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension unlessunles otherwise stated in thithis Agreement shall give at least one (1) warning notice of the complaint against such employee, employee to the employee in writing, writing and a copy of the same to the Union and job Union xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkennessdrunkennes assault or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence grossgros insubordination recklessnesrecklessness resulting in a serious accident while on duty, duty or wilful destruction or defacement of property either owned or leased by the carrying Employer and for COFFCEVFW1N\WPOOCS\LABOR\TEAMS958.WPO FEI 53195 Case 1:03-cv-02006-EGS Document 463-11 Filed 03/11/09 Page 9 of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time22 shall not remain in effect which it is responsible. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date one season. The Union xxxxxxx will be given copiescopie of said warn- ing noticeall warning notices. Discharge must be by proper written notice to the employee affected and the Union. The Union affectedxxxxxxx will be permitted to be present when an employee is discharged that is feasible. Any employee may request an investigation as to his/her his if discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she employee he shall be reinstated and compensated at his/her his usual rate of pay while he/she he has been out of work. Appeal from discharge or suspension must be taken within ten (10) days 10 daysday by written notice and a decision reached within fifteen (15) days 15 daysday from the date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, 15 daysday the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeGrievance Procedure.
Appears in 1 contract
Samples: docs.burningbird.net
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employ- ee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for serious acci- dents, or failure to report a driver will not be removed from the payroll during an investigation of an accident. The driver can be assigned to non- driving work during this period. Before disciplinary action is taken, or punch- ing a time card meeting shall be held with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice warn- ing notice, suspension or discharge as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge Any disciplinary action must be by proper written notice to the employee and the Union affected. Disciplinary letters must be issued by the Company within ten (10) working days after the inci- dent. Any employee may request an investigation as to his/her discharge dis- charge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) days by written writ- ten notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An employee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 1 contract
Samples: teamster.org
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Modify as follows: Subject to the provisions of Article 8 of the Master Freight Agreement, the Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writingwriting or in person, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is proven dishonesty theft, falsification of documents, or drunkenness which may be verified by an alcohol or drug test. Refusal to take an alcohol or drug test shall establish a presumption of drunkenness. Extension of a coffee break or lunch period for a minimal amount of time shall not be considered a serious offense dishonesty, per se, and will require at least one (1) warning notice prior to suspension or being under discharge. Prior warning notice is not required if the influence cause of alcoholic xxx- eragesdischarge is drug intoxication as provided in Article 35, or taking Section 3(a), of or being under the influence Master Freight Agreement; the possession of non-prescribed controlled substances and/or drugs or illegal substances during working hours either while on duty or on Company business or company property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence ; recklessness resulting involvement in a serious accident while on duty, or the ; carrying of unauthorized passengers, or ; failure to report any accident of which the employee is aware; failure to meet the minimum requirements for safe driving under Paragraph 391.25 of the Motor Carrier Safety Regulations issued by the Department of Transportation; unprovoked physical violence assault on a company supervisor while on duty or on company property; that an accident, employee has intentionally tampered with or punch- ing a time card other than employeecommitted malicious damage to the Employer’s own equipment or property; that an employee has intentionally abandoned his equipment; sexual Harassment – ability of employer to take employee out of service immediately for the purpose of steal- ing timeproven sexual harassment. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge Warning letters must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within postmarked no later than ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, following the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers Employer’s knowledge of the Union and the employee involved for all infractions violation, except in those cases where a letter of the Company rules by the employees. Unless investigation was issued within such written notice is given to the officers of the Union and the employee involved within ten (10) days day period for an accident. Letters of said infraction, the same investigation shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.valid for forty
Appears in 1 contract
Samples: d3n8a8pro7vhmx.cloudfront.net
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is they are discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- eragesbeverages, or taking of or being under the influence of non-prescribed pre- scribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment equip- ment or on Company premises, or on Company time, or unprovoked unpro- voked physical abuse or bodily harm to a Supervisor or other employeeem- ployee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report re- port an accident, or punch- ing punching a time card other than employee’s own for the purpose of steal- ing stealing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her their discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she they shall be reinstated re- instated and compensated at his/her their usual rate of pay while he/she has they have been out of work. Appeal from discharge or suspension must be taken tak- en within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this AgreementAgree- ment. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of of’ said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.nine
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer All disciplinary warnings or reprimands against an employee and the reasons for shall not discharge nor suspend any be in writing and one copy given to the employee without just cause, but in respect to discharge or suspension shall give at least and one (1) warning notice mailed to the business agent of the complaint against such Union. Allwritten disciplinary warnings or reprimands shall be void after one year from their date except those which relate to resident abuse. The employee is required to sign an acknowledgement of having received same. In the event an employee is to receive a suspension or other form of discipline as per Article he have the right to presence of a xxxxxxx. In the event an employee is to be dischargedhe shall have the right to request the presence of a xxxxxxx. An employee, in writingupon prior written request, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated granted the opportunity to view his personal file. Information to be viewed will be: Application form; Written warnings and compensated at his/her usual rate evaluations; Incident reports; Article Rate of pay while he/she has been out Pay The parties agree that the schedule of work. Appeal from discharge or suspension must wages, as set forth in Schedule attached hereto, shall be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, maintained during the case shall then be taken up as provided for in Article 46 duration of this Agreement. There Any error in computation of pay by the Employer of seven and one half hours or more shall be an immediate notification in writing paid by separate cheque unless waived by the company employee. Errors of less than seven and hours may be corrected on the following pay. The Employer agrees that the job content of all classificationswithin the bargaining unit shall not be altered without the agreement of the Union. It also agrees that none of the normal work performed in any such classifications shall be transferred to any other existing or new classification without mutual agreement with the officers Union. This shall not apply to any changes of minor or inconsequentialnature. The Union shall not unreasonably withhold its agreement to changes to job duties within classifications in accordance with this paragraph. The regular pay day shall be every second Friday via direct deposit. Each pay period shall be one week in arrears. It is agreed that if any new classificationswithin the bargaining unit are created during the term of this Agreement, wage rates for same shall be negotiated between the Employer and the Union, and if the parties are unable to agree to said wage rates, management may implement the new classification but the matter may be arbitrated in a manner as set out in Article Article No Strikes and In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union and its members agree that, during the employee involved for all infractions life of this Agreement there will be no strike, interruption, slowdown or stoppage of work either complete or partial or any other interference which will halt, disrupt, or interferewith normal service or work. The Employer agrees that there will be no lockout of employees during the life of this Agreement. The Union, by one of its Local Officers, shall repudiate any strike or other concerted cessation of work whatsoever by any group or number of employees which takes place contrary to the provisions of the Company rules Agreement, shall request the employees concerned to return to work and shall declare that any picket line (with the exception of an picket) set up in connection therewith is and not binding on members of the Union. The repudiation and declaration shall be communicated to the Employer and the membership in writing as soon as possible but no later than twenty-four (24) hours after the cessation or limitation of work by the employees. Unless such written notice is given to , or the officers forming of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargepicket line respectively.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE OR SUSPENSION. A. The Employer City shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning prior discipline notice of to the complaint against such employee, employee in writing, which notice shall be approved by the Director of Public Services and a copy of the same to the Union President and job xxxxxxx the Union Vice President affected, except that no warning prior discipline notice need be given to any an employee before he/she is discharged discharge if the cause of such dis- charge is dishonestydischarge is: Theft of private or City property. Removing City property, records or other materials from the workplace without proper authorization. Deliberate destruction or abuse of City property, tools or equipment. Bringing intoxicants, drugs or narcotics into, or being consuming same on City property, or in City vehicles. Bringing firearms or weapons of any kind on to City property or into City vehicles. Causing, leading or engaging in a strike, walkout or other work stoppage. (Subject to Article V of the Collective Bargaining Agreement). Reporting for duty or working under the influence of alcoholic xxx- eragesintoxicating beverage, or taking drugs. Offenses of the same or being under similar nature. Insubordination which shall be deemed to mean a willful refusal to obey a reasonable work order of the influence of non-prescribed drugs or illegal substances during working hours or immediate supervisor, may be punishable on Company business or propertythe first offense by a one day suspension, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesthe second offense by a five day suspension, or and on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timethird offense by possible discharge. The warning discipline notice as herein provided shall not remain in effect for a period of more than nine eighteen (918) months from the date of said warn- ing discipline notice. Discharge must be by proper written notice to the employee and the Union affectedUnion. Any employee may request an investigation as to his/her discharge or suspension. Should such suspension in accordance with Article V. A request by an employee for an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at as to his/her usual rate discharge or suspension must be made by written request within five (5) days from the date of pay while he/she has been out of workdischarge or suspension, excluding Saturdays, Sundays and holidays. Appeal from discharge or suspension must be taken heard within ten (10) days by written notice and a decision reached within fifteen five (155) days from the date of the hearing upon the discharge or suspension. suspension. If no decision has been rendered reached within fifteen five (155) daysdays from the hearing date, the case shall then be taken up as provided for in Article 46 of this AgreementV hereof. There The Union or the Employer shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate process suspension or discharge cases commencing at Step Two of the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeGrievance Procedure.
Appears in 1 contract
Samples: Heights Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employeeemployee to the employee personally, in writing, and a copy of the same to the Union union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is they are discharged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- erageswork day (including meal period), or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or propertyaddiction, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or on Company premisesnarcotics, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in effect for a period of for more than nine (9) months from the date of said warn- ing warning notice. A warning notice shall be reviewed and issued in a timely fashion with the employee within five (5) working days (exclusive of any absences from work) from the date of the incident or the completion of the Employers investigation. Discharge must be by proper written notice to the employee and the Union union affected. Any employee may request an investigation as to his/her their discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she they shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen with- in thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargewarn- ing notice.
Appears in 1 contract
Samples: Plemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without employees with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such em- ployee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident acci- dent while on duty, or the carrying of unauthorized passengers, or failure to report or, for employees hired after June 1, 1985, material falsification of an accidentemployment application. Employees given notice of discharge for committing an offense for which a prior warning letter is required will not be separated from employment until after the Employer, or punch- ing a time card other than employee’s own for the purpose Local Union and the em- ployee have reviewed the facts involved. Such meeting shall be Article 40 held within seventy-two (72) hours after request of steal- ing timethe Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period of more longer than nine (9) months from date of said warn- ing notice. outlined in the “Uniform Rules and Regula- tions.” Discharge must be by proper written notice to the employee and the Union affected. Any employee The Local Union may request an investigation a hearing as to his/her discharge an employee’s discharge, suspension or suspensionany disciplinary action. Should such an investigation hearing prove that an injustice has been done an employeeem- ployee, he/she he shall be reinstated reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and compensated at his/her usual rate of pay while he/she has been out of workthe appropriate Area Committee shall have the au- thority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice notice, and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employee involved is not within the home terminal area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his return to the home terminal. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall then be taken up as provided for in Article 46 7 of the National Master Automobile Transporters Agreement. “Uniform Rules and Regulations” with respect to disciplinary ac- tion covering the Area as approved by the Joint Area Committee shall prevail in the application and interpretation of this Agreement. There shall be an immediate notification in writing by the company Article re- gardless of any provisions of this Agreement to the officers contrary. UNIFORM RULES AND REGULATIONS AUTOMOBILE TRANSPORTERS CENTRAL AND SOUTHERN AREAS Governing the Actions of the Union Truckaway, Driveaway and Terminal Employees Effective September 1, 2015 The following rules and regulations, and the employee involved penalties to be charged for violation of same, are placed in effect so that all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.employees of
Appears in 1 contract
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, or being under the influence of alcoholic xxx- eragesbeverages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal ille- gal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing punching a time card other than employee’s own for the purpose of steal- ing stealing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, ; but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, or being under drunkenness, an act that may endanger the influence safety of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident student/students while on duty, drinking on the job, assault, intentional or the carrying of unauthorized passengersgrossly negligent conduct causing property damage, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose carry out his responsibilities according to established Board of steal- ing timeEducation Policies. The warning notice as herein provided provided, shall not remain in effect for a period of more than nine one (91) months calendar year from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done to an employee, he/she he shall be reinstated and compensated at his/her his usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten seven (107) calendar days by written notice and a decision reached within fifteen thirty (1530) calendar days from the date of discharge or suspension. suspension. If no decision has been rendered within fifteen thirty (1530) calendar days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infractionARTICLE VII, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeStep 4.
Appears in 1 contract
Samples: Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint compliant against such employee to the employee, in writing, and a copy of the same to the National Union's Regional Office and Local Union and job xxxxxxx affectedRepresentative, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affectedUnion. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she the employee shall be reinstated and compensated at his/her his usual rate of pay while he/she has been for the period he was out of work. A request by an employee for an investigation as to his discharge or suspension must be made by written request within five (5) calendar days from the date of discharge or suspension. Appeal from discharge or suspension must be taken heard within ten (10) calendar days by written notice and a decision reached within fifteen (15) calendar days from the date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) calendar days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge8 hereof.
Appears in 1 contract
Samples: Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except ex- cept that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- eragesworkday, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, use or possession of or selling of non-prescribed ille- gal drugs or illegal substances in Company equipment or while on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Discharge Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspen- sions, discharges, or prior panel cases during the presentation of cases. All warning notices must be issued within ten (10) days of the Employer’s discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alco- hol testing shall apply. Suspension must be by proper written notice signed by an autho- rized representative of the Company, and sent to the employee employee. Dis- charge must be by proper written notice, signed by an authorized representative of the Company, sent certified mail and return re- ceipt requested, to the employee. The Union affectedwill also receive cop- ies of all suspension and discharge notices via mail, or by mutual agreement in electronic format. If requested at the hearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issu- ance. Any employee may request an investigation as to his/her discharge his dis- charge or suspension. Should such an investigation prove that an injustice in- justice has been done an employee, he/she he shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.The
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she he the employee is discharged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- eragesworkday, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or while on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Discharge Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspensions, discharges, or prior panel cases during the presentation of cases. All warning notices must be issued within ten (10) days of the Employer’s discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alcohol testing shall apply. Suspension must be by proper written notice signed by an autho- rized representative of the Company, and sent to the employee employee. Suspension and discharge must be by proper written notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, to the employee. The Union affectedwill also receive copies of all warning, suspension, and discharge notices via mail, or by mutual agreement in electronic format. If requested at the hearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issuance. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she he they shall be reinstated reinstated. The A.A.P.G.C. and compensated at his/her usual rate of pay while he/she has been out of workthe impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right warning notice. Suspensions are to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.be served upon:
Appears in 1 contract
DISCHARGE OR SUSPENSION. A. The (a) Whenever the Employer shall not discharge nor suspend any deems it necessary to censure an employee without just causein a manner indicating that disciplinary action may occur, but in respect to discharge or suspension shall give at least one (1) warning notice a meeting of the complaint against such employee, a Union Representative and the Employer will be held. The supervisor shall so notify the employee in writing, and a copy advance of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timethe meeting in order that the employee may contact representative to be present at the meeting. The warning notice as herein provided shall not remain in effect for a period Written minutes of more than nine (9) months from date of said warn- ing notice. Discharge must this meeting may be by proper written notice to recorded and copies distributedto the employee and the Union. The minutes, letters of censure, reprimand or criticism which are two or more years old shall not be considered in connection with any disciplinary action. An employee shall have the right to have access to any document in file which has been executed after the employee's hire or seniority date in the bargaining unit, whichever comes later. Employees shall have the right to respond in writing to such documents contained therein; such reply a part of the employee's record. An employee who has completed six (6) months probationary period may be dismissed but only for just cause and only upon the authority of the Manager, Maintenance Services. The supervisor may suspend an employee but shall immediately report such action to the Manager, Maintenance Services. Such employee and the Union affected. Any employee may request an investigation as to his/her shall be advised promptly in writing, by the Employer, of the reason for such discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the An employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union to be wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article Grievance Procedure. Steps I, and of the grievance procedure shall be omitted in such cases. Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in former position, without loss of seniority rating, and shall be compensated for all time lost in an amount equal to normal earnings during the pay period next preceding such written notice shall not be construed discharge or suspension, or any other arrangement as to mean that a violation has been committed. Whereby it compensation which is understood just and agreed that warning letters should be protested immediately with the understanding that is, equitable in the nine (9) month period following any other action opinion of the parties or in the opinion of the Board of Arbitration if the matter is taken against the employee pertaining referred to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or notsuch a Board. Based upon that decision, the Union would then argue the suspension and/or discharge.ARTICLE
Appears in 1 contract
Samples: negotech.labour.gc.ca
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without with- out just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employeeemployee to the employee personally, or in writing, and a copy of the same to the Union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is they are discharged if the cause of such is dis- charge is dishonestyhonesty defined as the theft of money or merchandise, deliberate physical assault, possession of illegal weapons, drunkenness or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances drinking during working hours or on Company business or property(including lunch time and/or break periods), or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized unautho- rized passengers. This list of Cardinal Infractions is exclusive, and all other offenses not listed above shall entitle the employee to re- main on the job pursuant to Article 7 or alternatively remain in pay status. An employee’s bonafide error or failure to report accurately recall all events during an accidentinterview shall not be considered dishonesty. Any employee discharged for dishonesty shall have a local level meeting involving the Labor Manager or designee and the Business Agent or designee. Such meetings will be held as soon as possible but no later than five (5) business days unless the parties mutually agree in writing to extend the time limit. If for any reason the par- ties cannot hold the meeting in person, or punch- ing video and/or audio confer- encing may be used. Neither party shall unreasonably delay the meeting. Any Local Union having continual disputes with the Company in a time card other than employee’s own for particular building regarding dishonesty shall first attempt resolution with the purpose of steal- ing timeappropriate labor manager. The warning notice notice, as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing notice. Discharge must be by proper written notice to the employee was first informed that a warning letter will be issued. All discipline notices (Discharge, Suspension, Warning Letters, and all other forms of discipline), issued within the Union affectedpast twelve (12) months, notwith- standing current progressive discipline, will be allowed at the NEAPGC only if they address the same infraction. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove The only cir- cumstance that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers would allow any discipline outside of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.twelve
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employ- ee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is they are discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident acci- dent while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for serious accidents, or failure to report a driver will not be removed from the payroll during an investigation of an accident. The driver can be assigned to non-driv- ing work during this period. Before disciplinary action is taken, or punch- ing a time card meeting shall be held with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice warn- ing notice, suspension or discharge as herein provided shall not remain re- main in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge must Any disciplinary action will list the violation(s) and be by proper written writ- ten notice to the employee and the Union affected. Disciplinary letters must be issued by the Company within ten (10) working days after the incident. Any employee may request an investigation as to his/her discharge their dis- charge or suspension. Should such an investigation prove that an injustice injus- xxxx has been done an employee, he/he/ she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to or- der full, partial or no compensation for time lost. Appeal from discharge dis- charge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An employee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 1 contract
Samples: Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, drinking alcoholic beverages or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or in illegal substances during working hours or on Company business or property, or possession of drugs during the workday (including meal period) or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premisesdrunkenness, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengerspassengers while on the job or offenses of equal seriousness. Except for serious accidents, or failure to report a driver will not be removed from the payroll during an investigation of an accident. The driver can be assigned to non-driving work during this period. Before disciplinary action is taken, or punch- ing a time card meeting shall be held with the employee and the employee shall have the right to choose a Xxxxxxx who is readily available and on the premises. In the case of discharge for any offense other than employee’s own the above mentioned, including suspension, the disciplinary action will be held in abeyance for two (2) weeks to give the purpose of steal- ing timeLocal Union the opportunity to intervene prior to the action being taken. The warning notice notice, suspension or discharge as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, suspension or discharge. Discharge Any disciplinary action must be by proper written notice to the employee and the Union affected. Disciplinary letters must be issued by the Company within ten (10) working days after the incident. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. The C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, . An employee shall be given a copy of any Company form or document signed by the Union would then have the right to arbitrate the original warning letter(s) to see employee if they were warranted requested. The Company will not use absenteeism or not. Based upon that decision, the Union would then argue the suspension and/or dischargeaccidents in conjunction with any other disciplinary action.
Appears in 1 contract
DISCHARGE OR SUSPENSION. A. The Employer All suspension and discharge let- ters shall not discharge nor suspend any employee without just causeaccurately set forth all relevant dates, but in respect to discharge or suspension shall give at least one (1) warning notice of Articles and violations relied upon by the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timediscipli- nary action being taken. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge must be by proper If the Employer fails to give such written notice to within the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within specified ten (10) days by written notice and a decision reached within fifteen (15) days from date of day period, the right to discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided suspend for in Article 46 of this Agreement. There that particular reason shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employeeswaived. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice But this shall not be construed preclude the Employer from intro- ducing as evidence, should a subsequent discharge or suspen- sion occur, any reason or reasons to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in substantiate unsatisfactory work performance arising out of circumstances which occurred during the nine (9) month period following immediately pre- ceding the date of discharge or suspension notice. However, in order for any other action is taken against such reason to be introduced by the Employer, the Employer must have given warning notice, by certified mail, to the employee pertaining and to the Local Union of the circum- stances giving rise to such reason within ten (10) days, exclu- sive of Saturday, Sunday and holidays, of the occurrences of the circumstances. Any such warning notices shall be deemed to be automatically protested by the Local Union. Such warning notice may not be submitted for consideration by the UPS Labor-Management Committee, except in cases in which the Employer has given the employee a notice of dis- charge or suspension and such notice shall not be subject to economic action by either the Union or the Employer. If the Local Union does not file with the Secretary of the Committee a written protest of a panel filing regarding the Employer’s action within ten (10) days, excluding Saturdays, Sundays and holidays, from the time of receipt of the Employer’s notice, the right to submit a panel filing regarding protest such dis- charge or suspension shall be waived. An employee may file a grievance regarding request an investigation of his/her dis- charge or suspension or discharge, any warning notice and the Union would then shall have the right to arbitrate file a grievance and/or panel filing regarding protest any such discharge, or suspension,or warn- ing notice. Any such discharge, suspension, or warning notice shall be for just cause only. Any such grievance protest shall be presented to the original Employer in writing within ten (10) days, exclusive of Saturdays, Sundays, and holidays after the dis- charge, or suspension or warning letter(s) to see notice, and, if they were warranted or not. Based upon that decisionnot presented within such period, the Union would then argue right to file a grievance protest shall be waived. Upon filing of any such protest, it All panel fil- ings shall be referred immediately to the suspension and/or dischargeUPS Labor- Management Committee for the determination in accordance with the grievance procedure.
Appears in 1 contract
Samples: www.makeupsdeliver.org
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedXxxxxxx, except that no warning notice need be given to any an employee before he/she he is discharged discharged, if the cause of such dis- charge discharge is dishonesty, drunkenness or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as ~~ herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and Xxxxxxx and the Union affectedUnion. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she the employee shall be reinstated and compensated at his/her his usual rate of pay while he/she has been for the period he was out of work. A request by an employee for an investigation as to his discharge or suspension must be made by written request within five (5) calendar days from the date of discharge or suspension. Appeal from discharge or suspension must be taken heard within ten (10) calendar days by written notice and a decision reached within fifteen (15) calendar days from the date of discharge or suspension. suspension. If no decision has been is rendered within fifteen (15) calendar days, the case shall then be taken up as provided for in Article 46 of this Agreement7 hereof, on Grievance Procedures. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infractionWork Rules, the same shall be considered condonedincluding disciplinary tables, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that isare adopted, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or dischargeform as set forth in Exhibit C, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeattached hereto and by this reference incorporated herein.
Appears in 1 contract
Samples: Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employeeemployee to the employee personally, or in writing, and a copy of the same to the Union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is discharged if the cause of such dis- charge is dishonestydishonesty defined as the theft of money or merchandise, deliberate physical assault, possession of illegal weapons, drunkenness or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances drinking during working hours or on Company business or property(including lunch time and/or break periods), or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized passengers. This list of Cardinal Infractions is exclusive, and all other offenses not listed above shall entitle the employee to remain on the job pursuant to Article 7 or alternatively remain in pay status. An employee’s bonafide error or failure to report accurately recall all events during an accidentinterview shall not be considered dishonesty. Any employee discharged for dishonesty shall have a local level meeting involving the Labor Manager or designee and the Business Agent or designee. Such meetings will be held as soon as possible but no later than five (5) business days unless the parties mutually agree in writing to extend the time limit. If for any reason the parties cannot hold the meeting in person, or punch- ing video and/or audio conferencing may be used. Neither party shall unreasonably delay the meeting. Any Local Union having continual disputes with the Company in a time card other than employee’s own for particular building regarding dishonesty shall first attempt resolution with the purpose of steal- ing timeappropriate labor manager. The warning notice notice, as herein provided shall not remain in effect for a period of more than nine (9) months from the date the employee was first informed that a warning letter will be issued. All discipline notices (Discharge, Suspension, Warning Letters, and all other forms of said warn- ing noticediscipline), issued within the past twelve (12) months, notwithstanding current progressive discipline, will be allowed at the NEAPGC only if they address the same infraction. The only circumstance that would allow any discipline outside of the twelve (12) month timeframe, heard at the NEAPGC, would be current progressive discipline for the same infraction. Discharge must be by proper written notice to the employee and the Union affected. The Local Union and the Employer agree that all warning notice(s) shall be considered as being automatically protested. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation by the Employer and the Union prove that an injustice has been done an employee, he/she shall be reinstated reinstated. If the Employer and compensated at his/her usual rate the Union are unable to agree on reinstatement, the matter may be referred to the New England Area Parcel Grievance Committee under the terms of pay while he/she has been out of workthis Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employee involved is not within the Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his/her return to the Operating Center, Subcenter or Hub. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall may then be taken up as provided for in Article 46 48 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Tentative Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she he is discharged dis- charged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- eragesworkday, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or while on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspen- sions, discharges, or prior panel cases during the presentation of cases. All warning notices must be issued within ten (10) days of the Employer’s discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alco- hol testing shall apply. Discharge or suspension must be by proper written notice notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, to the employee and the Union affected. If requested at the hearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issuance. Any employee may request an investigation inves- tigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she he shall be reinstated reinstat- ed. The A.A.P.G.C. and compensated at his/her usual rate of pay while he/she has been out of workthe impartial arbitrator shall have the author- ity to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen with- in thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right warn- ing notice. Suspensions are to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.be served upon:
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Subject to the provisions of Article 8 of the ABF Master Freight Agreement, the Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is proven dishonesty or drunkenness which may be verified by an alcohol or drug test. Refusal to take an alcohol or drug test shall establish a presumption of drunkenness. Extension of a coffee break or lunch period for a minimal amount of time shall not be considered dishonesty, per se, and will require at least one (1) warning notice prior to suspension or being under discharge. Prior warning notice is not required if the influence cause of alcoholic xxx- eragesdischarge is drug intoxication as provided in Article 35, or taking Section 3(a), of or being under the influence ABF Master Freight Agreement; the possession of non-prescribed controlled substances and/or drugs or illegal substances during working hours either while on duty or on Company business or company property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence ; recklessness resulting in a serious accident while on duty, or the ; carrying of unauthorized passengers, or ; failure to report any accident of which the employee is aware; failure to meet the minimum requirements for safe driving under Paragraph 391.25 of the Motor Carrier Safety Regulations issued by the Department of Transportation; unprovoked physical assault on a company supervisor while on duty or on company property; that an accident, employee has intentionally committed malicious damage to the Employer’s equipment or punch- ing a time card other than employee’s own property; that an employee has intentionally abandoned his equipment; sexual Harassment – ability of employer to take employee out of service immediately for the purpose of steal- ing timeproven sexual harassment. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge Warning letters must be by proper written notice presented to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated emailed to the union and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension all discipline must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If postmarked no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.later than ten
Appears in 1 contract
Samples: Cartage Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, or being under the influence of alcoholic xxx- eragesbeverages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing punching a time card other than employee’s own for the purpose of steal- ing stealing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Parcel Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, or being under the influence of alcoholic xxx- eragesbeverages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal ille- gal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing punching a time card other than employee’s own for the purpose of steal- ing stealing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this AgreementAgree- ment. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee employ- ee involved within ten (10) days of of’ said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation vio- lation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee em- ployee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee employees without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged discharged, if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, or failure to report an accidentwill not be separated from employment until after the Employer, or punch- ing a time card other than employee’s own for the purpose Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of steal- ing timethe Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period of more longer than nine (9) months from date of said warn- ing notice. outlined in the “Uniform Rules and Regulations.” Discharge must be by proper written notice to the employee and the Local Union affected. Any employee The Local Union may request an investigation a hearing as to his/her discharge an employee’s discharge, suspension or suspensionany disciplinary action. Should such an investigation hearing prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and compensated at his/her usual rate of pay while he/she has been out of workthe appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers 7 of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeNational Master Automobile Transporters Agreement.
Appears in 1 contract
Samples: Eastern Area Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Subject to the provisions of Article 8 of the Master Freight Agreement, the Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that that, no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonestyproven dishonesty or intoxication, which may be verified by an alcohol or being under drug test. Refusal to take an alcohol or drug test shall establish a presumption of intoxication. Extension of a coffee break or lunch period for a minimal amount of time shall not be considered dishonesty per se, and will require at least one (1) warning notice prior to discharge or suspension. Prior warning notice is not required if the influence cause of alcoholic xxx- eragesdischarge is: drug intoxication as provided in Article 35, or taking Section 3, of or being under the influence Master Freight Agreement; the possession of non-prescribed controlled substances and/or drugs or illegal substances during working hours either while on duty or on Company business company property; that an employee has intentionally committed malicious damage to the Employer’s equipment or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence ; that an employee has intentionally abandoned his equipment; proven sexual harassment; recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or ; failure to report an any accident which the employee is aware of; failure to meet the minimum requirements for safe driving under Paragraph 391.25 of the Motor Carriers Safety Regulations issued by the Department of Transportation; or unprovoked physical assault on a company supervisor while on duty or on company property. Warning letters must be postmarked no later than ten (10) days following the Employer’s knowledge of the violation, except in those cases where a letter of investigation was issued within such ten (10) day period. Letters of investigation for accidents shall be valid for forty (40) calendar days from the date of the accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.nine
Appears in 1 contract
Samples: myadvan.com
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without with- out just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employeeemployee to the employee personally, or in writing, and a copy of the same to the Union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is discharged if the cause of such is dis- charge is dishonesty, honesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances drinking during working hours or on Company business or property(includ- ing lunch time and/or break periods), or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice no- xxxx, as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing noticethe employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation by the Employer and the Union prove that an injustice has been done an employee, he/she shall be reinstated reinstated. If the Employer and compensated at his/her usual rate the Union are unable to agree on reinstatement, the matter may be referred to the New England Area Parcel Grievance Committee under the terms of pay while he/she has been out of workthis Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employ- ee involved is not within the Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his/her re- turn to the Operating Center, Subcenter or Hub. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall may then be taken up as provided for in Article 46 48 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Service Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee employees without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Local Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged discharged, if the cause of such dis- charge discharge is dishonesty, dishonesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers. Employees given notice of discharge for committing an offense for which a prior warning letter is required, or failure to report an accidentwill not be separated from employment until after the Employer, or punch- ing a time card other than employee’s own for the purpose Local Union and the employee have reviewed the facts involved. Such meeting shall be held within seventy-two (72) hours after request of steal- ing timethe Employer, excluding Saturdays, Sundays and paid holidays. The warning notice as herein provided shall not remain in effect for a period of more longer than nine (9) months from date of said warn- ing notice. outlined in the "Uniform Rules and Regulations." Discharge must be by proper written notice to the employee and the Local Union affected. Any employee The Local Union may request an investigation a hearing as to his/her discharge an employee's discharge, suspension or suspensionany disciplinary action. Should such an investigation hearing prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The Article 7, Section 9 Board of Arbitration, National Automobile Transporters Joint Arbitration Committee, and compensated at his/her usual rate of pay while he/she has been out of workthe appropriate Area Joint Arbitration Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employees involved are not within the home terminal area when the action of discharge, suspension or warning notice is taken, their ten (10)-day period will start from the date of their return to the home terminal. If no decision has been rendered on the appeal within fifteen thirty (1530) days, the case shall then be taken up as provided for in Article 46 7 of the National Master Automobile Transporters Agreement. "Uniform Rules and Regulations" with respect to disciplinary action as set forth in Article 64 of this Agreement. There Part II shall be an immediate notification prevail in writing by the company application and interpretation of this Article regardless of any provisions of this Agreement to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargecontrary.
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor or suspend any employee without just causecause but, but in respect to discharge or suspension suspension, shall give at least one (1) warning notice of the complaint against such employeeemployee to the employee personally, or in writing, and a copy of the same to the Union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is discharged if the cause of such is dis- charge is dishonesty, honesty or being under the influence of alcoholic xxx- erages, drunkenness or taking of or being under the influence of non-prescribed drugs or illegal substances drinking during working hours or on Company business or property(includ- ing lunch time and/or break periods), or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the use or possession of illegal drugs or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing time. The warning notice notice, as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing noticethe employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation by the Employer and the Union prove that an injustice has been done an employee, he/she shall be reinstated reinstated. If the Employer and compensated at his/her usual rate the Union are unable to agree on reinstatement, the matter may be referred to the New England Area Parcel Grievance Committee under the terms of pay while he/she has been out of workthis Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge discharge, suspension or suspension. warning notice. If the employee involved is not within the Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his/her return to the Operating Center, Subcenter or Hub. If no decision deci- sion has been rendered on the appeal within fifteen thirty (1530) days, the case shall may then be taken up as provided for in Article 46 48 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.Agreement.
Appears in 1 contract
Samples: Service Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge discharge is dishonesty, or being under the influence of alcoholic xxx- eragesbeverages, or taking of or being under the influence of non-non- prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing punching a time card other than employee’s 's own for the purpose of steal- ing stealing time. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of of' said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.
Appears in 1 contract
Samples: Parcel Service Agreement
DISCHARGE OR SUSPENSION. A. The Employer All suspension and discharge let- ters shall not discharge nor suspend any employee without just causeaccurately set forth all relevant dates, but in respect to discharge or suspension shall give at least one (1) warning notice of Articles and violations relied upon by the complaint against such employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee before he/she is discharged if the cause of such dis- charge is dishonesty, or being under the influence of alcoholic xxx- erages, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for the purpose of steal- ing timediscipli- nary action being taken. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing notice. Discharge must be by proper If the Employer fails to give such written notice to within the employee and the Union affected. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within specified ten (10) days by written notice and a decision reached within fifteen (15) days from date of day period, the right to discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided suspend for in Article 46 of this Agreement. There that particular reason shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employeeswaived. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice But this shall not be construed preclude the Employer from intro- ducing as evidence, should a subsequent discharge or suspen- sion occur, any reason or reasons to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in substantiate unsatisfactory work performance arising out of circumstances which occurred during the nine (9) month period following immediately pre- ceding the date of discharge or suspension notice. However, in order for any other action is taken against such reason to be introduced by the Employer, the Employer must have given warning notice, by certified mail, to the employee pertaining and to the Local Union of the circum- stances giving rise to such reason within ten (10) days, exclu- sive of Saturday, Sunday and holidays, of the occurrences of the circumstances. Any such warning notices shall be deemed to be automatically protested by the Local Union. Such warning notice may not be submitted for consideration by the UPS Labor-Management Committee, except in cases in which the Employer has given the employee a notice of dis- charge or suspension and such notice shall not be subject to economic action by either the Union or the Employer. If the Local Union does not file with the Secretary of the Committee a written protest of a panel filing regarding the Employer’s action within ten (10) days, excluding Saturdays, Sundays and holidays, from the time of receipt of the Employer’s notice, the right to submit a panel filing regarding protest such dis- charge or suspension shall be waived. An employee may file a grievance regarding request an investigation of his/her dis- charge or suspension or discharge, any warning notice and the Union would then shall have the right to arbitrate file a grievance and/or panel filing regarding protest any such discharge, or suspension, or warn- ing notice. Any such discharge, suspension, or warning notice shall be for just cause only. Any such grievance protest shall be presented to the original Employer in writing within ten (10) days, exclusive of Saturdays, Sundays, and holidays after the dis- charge, or suspension or warning letter(s) to see notice, and, if they were warranted or not. Based upon that decisionnot presented within such period, the Union would then argue right to file a grievance protest shall be waived. Upon filing of any such protest, it All panel fil- ings shall be referred immediately to the suspension and/or dischargeUPS Labor- Management Committee for the determination in accordance with the grievance procedure.
Appears in 1 contract
Samples: www.makeupsdeliver.org
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any employee em- ployee before he/she is suspended or discharged if the cause of such dis- charge suspension or discharge is dishonesty, proven theft, drunkenness, drinking alcoholic beverages, or being while under the influence of alcoholic xxx- eragesalco- holic beverages, or taking drug intoxication as provided in Article 35, Sec- tion 3, the use of or being under narcotics (as described in the influence of non-prescribed drugs or illegal substances during working hours or on Company business or propertyFederal Pure Food and Drug Act), barbiturates, or amphetamines, or the possession of or selling narcotics named above during a tour of non-prescribed drugs or illegal substances in Company equipment or on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm refusal to submit to a Supervisor sober-meter, other sobriety or other employeealcohol test, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, unpro- voked assault on an Employer or punch- ing a time card other than management supervisor, carrying of unauthorized passengers, willful abuse of Company equipment or direct refusal to obey instructions from an authorized management employee which are not in violation of this Agreement. While this Article clearly indicates offenses for which an employee may be discharged without prior warning, there may be certain instances where an employee’s own for gross misconduct or actions may justify sus- pension or discharge without a prior warning. Gross misconduct is defined to mean proven conduct that exposes the purpose of steal- ing timeEmployer to mon- etary liability from third parties, governmental entities or other em- ployees. Disputes arising from such instances shall be resolved by the Grievance Committee. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warn- ing warning notice, and such warning notice shall be issued no later than seven (7) days from the date the Employer became aware of the occurrence. Discharge must Any employee discharged away from his/her home terminal shall be by proper written notice provided the fastest available transportation to his/her home ter- xxxxx at the employee and the Union affectedEmployer’s expense. Any employee may request an investigation as to his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she shall be reinstated reinstated. The Joint Local City Grievance Commit- tee and compensated at the Joint Area Grievance Committee shall have the author- ity to order full, partial or no compensation for time lost. The Em- ployer shall not in any way intimidate or harass any employee in the performance of his/her usual rate duties. If a letter of pay while he/she has been out of work. Appeal from discharge or suspension must be taken within ten investigation is issued, the letter will not remain in ef- fect for longer than thirty (1030) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) calendar days, the case shall then be taken up as provided for in Article 46 unless it is a serious vehicular or tow motor accident. Although theft of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union time and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice excessive absenteeism shall not be construed as to mean that a violation has been committed. Whereby cause for immediate discharge, it is understood recognized as an offense for which disciplinary measures may be invoked. Uniform rules and agreed that warning letters should regulations with respect to disciplinary action may be protested immediately with drafted but must be approved by the understanding that is, Joint Area Grievance Committee. Such approved uniform rules and regulations shall pre- vail in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargeapplication and interpretation of this Article.
Appears in 1 contract
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with- out just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employeeemployee to the employ- ee personally, in writing, and a copy of the same to the Union union and job xxxxxxx affected, affected except that no warning notice need be given to any an employee before he/she is they are discharged if the cause of such dis- charge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- erageswork day (including meal period), or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or propertyaddiction, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or on Company premisesnarcotics, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in effect for a period of for more than nine (9) months from the date of said warn- ing warning notice. A warning notice shall be reviewed and issued in a timely fashion with the employee within five (5) working days (exclusive of any absences from work) from the date of the incident or the completion of the Employers investigation. Discharge must be by proper written notice to the employee and the Union union affected. Any employee may request an investigation as to his/her their discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she they shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen with- in thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or dischargewarn- ing notice.
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, ; but in respect to discharge or suspension without the consent of the Union shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affected, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is failure to meet the minimum requirements for safe driving under paragraph 391.25 of the Motor Carriers Safety Regulations issued by the Department of Transportation, unprovoked physical assault on a Company supervisoranyone while on duty or on Company property, dishonesty, or being drinking on duty, reporting to work under the influence of alcoholic xxx- eragesintoxicating liquor, drug intoxication, as provided in Article 35, Section 3 of the National Master Freight Agreement, failing to report an accident, deliberate off-route operations, proper cancellation of surety bond or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, duty or the carrying of unauthorized passengers, intentionally committing malicious damage to the Employer’s equipment or failure to report an accidentproperty, or punch- ing has intentionally abandoned his equipment, or sexual harassment – ability of Employer to take employee out of service immediately for proven sexual harassment. Warning letters must be presented or postmarked no later than ten (10) days following the Employer’s knowledge of the violation except in those cases where a time card other than employee’s own letter of investigation was issued within such ten (10) day period. Letters of investigation for accidents shall be valid for forty (40) calendar days from the purpose date of steal- ing timeaccident. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warn- ing warning notice. Discharge must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The Joint State Committee and compensated at his/her usual rate of pay while he/she has been out of workthe Eastern Region Joint Area Committee shall have the authority to order full, partial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning letter must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions is not within the home terminal area when the action of the Company rules by the employees. Unless such written discharge, suspension, or warning notice is given to the officers of the Union and the employee involved within ten (10) days of said infractiontaken, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.ten
Appears in 1 contract
Samples: teamster.org
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without with out just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except ex- cept that no warning notice need be given to any an employee before he/she the employee is discharged if the cause of such dis- charge discharge is dishonestyxxxxxx xxxx, drinking alcoholic beverages during the workday, use or being under the influence pos session of alcoholic xxx- eragesillegal drugs while on duty, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, or possession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for pas sengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- ing warning notice. Discharge Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspensions, discharges, or prior panel cases during the presentation of cases. All warning notices must be issued within ten (10) days of the Employer’s discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alcohol testing shall apply. Suspension and discharge must be by proper written notice notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, to the employee employee. The Union will also receive copies of all warning, suspension, and discharge notices via mail, or in electronic format. If requested at the Union affectedhearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issu ance. Any employee may request an investigation as to his/her discharge their dis- charge or suspension. Should such an investigation prove that an injustice in- justice has been done an employee, he/she they shall be reinstated and compensated at his/her usual rate of pay while he/she has been out of workreinstated. Appeal from discharge or suspension must be taken within ten (10) days by written notice and a decision reached within fifteen (15) days from date of discharge or suspension. If no decision has been rendered within fifteen (15) days, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.The
Appears in 1 contract
Samples: Supplemental Agreement
DISCHARGE OR SUSPENSION. A. The Employer shall not discharge nor suspend any employee without just cause, cause but in respect to discharge or suspension shall give at least one (1) warning notice of the a complaint against EAST-AA such employee to the employee, in writing, and a copy of the same to the Union and job xxxxxxx affectedUnion, except that no warning notice need be given to any an employee before he/she he is discharged if the cause of such dis- charge discharge is dishonesty, or being under drinking alcoholic beverages during the influence of alcoholic xxx- eragesworkday, or taking of or being under the influence of non-prescribed drugs or illegal substances during working hours or on Company business or property, use or possession of or selling of non-prescribed illegal drugs or illegal substances in Company equipment or while on Company premisesduty, or on Company time, or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence recklessness resulting in a serious accident while on duty, or the carrying of unauthorized passengers, or failure to report an accident, or punch- ing a time card other than employee’s own for passengers while on the purpose of steal- ing timejob. The warning notice as herein provided shall not remain in have no force or effect for a period of more than nine (9) months from the date of said warn- warning notice. Warning notices or file write-ups beyond the nine (9) month period set forth above will not be considered in the grievance procedure. The above does not prohibit the Company from using prior suspensions, discharges, or prior panel cases dur- ing the presentation of cases. All warning notices must be issued within ten (10) days of the Employer’s discovery of said infraction. The ten (10) day time limit may be waived by mutual agreement between the Employer and the Union. Language contained in the National Master United Parcel Service Agreement concerning drugs/alcohol and drug/alcohol testing shall apply. Discharge or s Suspension must be by proper written notice, signed by an authorized representative of the Company, sent certified mail and return receipt requested, and sent to the employee and the Union affected. Discharge must be by proper written notice notice, signed by an authorized representa- tive of the Company, sent certified mail and return receipt requested, to the employee employee. The Union will also receive copies of all suspension and discharge notices via mail, or by mutual agreement in electronic format. If requested at the Union affectedhearing by the xxxxxxx, the manager, as a courtesy, will provide another copy of the written notice within a reasonable time from the date of issuance. Any employee may request an investigation as to his/her his discharge or suspension. Should such an investigation prove that an injustice has been done an employee, he/she he shall be reinstated reinstated. The A.A.P.G.C. and compensated at his/her usual rate of pay while he/she has been out of workthe impartial arbitrator shall have the authority to order full, par- tial or no compensation for time lost. Appeal from discharge discharge, suspension or suspension warning notice must be taken within ten (10) days by written notice and a decision reached within fifteen thirty (1530) days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) daysdischarge, the case shall then be taken up as provided for in Article 46 of this Agreement. There shall be an immediate notification in writing by the company to the officers of the Union and the employee involved for all infractions of the Company rules by the employees. Unless such written notice is given to the officers of the Union and the employee involved within ten (10) days of said infraction, the same shall be considered condoned, but receipt by the Union and the employee of such written notice shall not be construed as to mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the understanding that is, in the nine (9) month period following any other action is taken against the employee pertaining to suspension or discharge, the Union would then have the right warning notice. Suspensions are to arbitrate the original warning letter(s) to see if they were warranted or not. Based upon that decision, the Union would then argue the suspension and/or discharge.be served upon:
Appears in 1 contract
Samples: Supplemental Tentative Agreement