Common use of DISCHARGE OR SUSPENSION Clause in Contracts

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 a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverage or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on duty. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation as to said discharge or suspension. Should such investigation prove that an injustice has been done an employee, the employee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within ten

Appears in 1 contract

Samples: Supplemental Agreement

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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 a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge if the cause of such discharge is xxxxxx- xxxx (Failure to follow methods, procedures, instructions and/or an employee’s failure to accurately recall details during any investiga- tory interview shall not by itself be considered dishonesty), drinking drink- ing of or under the influence of alcoholic beverage or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her their person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness xxxx- lessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized unau- thorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on duty. The warning notice as herein provided shall be given to the employee em- ployee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Sobriety—Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation inves- tigation as to said discharge or suspension. Should such investigation investiga- tion prove that an injustice has been done to an employee, the employee em- ployee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation com- pensation for time lost. The employee and the Union will be provided pro- vided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within ten

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 shall give at least one (1) warning notice of a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge if the cause of such discharge is dishonestyxxxxxx- xxxx, drinking of or under the influence of alcoholic beverage or narcoticsnar- cotics, including hallucinogens while on duty, carrying or permitting permit- ting the carrying of drugs or narcotics on his/her person, or equipmentequip- ment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying carry- ing of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on duty. duty.‌ The warning notice as herein provided shall be given to the employee employ- ee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary dis- ciplinary action up to and including discharge. (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation inves- tigation as to said discharge or suspension. Should such investigation investiga- tion prove that an injustice has been done an employee, the employee employ- ee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within ten

Appears in 1 contract

Samples: Supplemental Agreement

DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge he/she is discharged if the cause of such discharge is dishonesty, drinking of or being under the influence of alcoholic beverage beverages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non- prescribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report an accident, carrying or punching a time card other than employee's own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutystealing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee he/she shall be reinstatedreinstated and compensated at his/her usual rate of pay while he/she has been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice 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 fails involved for all infractions of the Company rules by the employees. Unless such written notice is given to grieve the discipline 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 stated above within tento 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. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

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 shall give at least one (1) warning notice of a complaint against such employee em- ployee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee em- ployee before discharge if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverage or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness reckless- ness resulting in a serious accident while on duty, an avoidable runaway run- away accident, failure to report an accident, carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence vi- olence on Company property or while on duty. The warning notice as herein provided shall be given to the employee em- ployee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation as to said discharge or suspension. Should such investigation inves- tigation prove that an injustice has been done an employee, the employee em- ployee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator arbi- trator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice no- xxxx must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within tenten (10) working days from the day they were issued the written discipline notice, the Company will have ten (10) working days to administer the discipline. If the Company fails to administer the discipline within ten (10) working days after the employee was no- tified as stated above and had failed to file a grievance, the disci- xxxxx will be null and void. (D) Each employee has the right to examine his/her Center person- nel files upon request on his/her own time and shall receive copies of any documents in their files upon request with the understanding that the employee is responsible for all administrative and copy expenses. The time spent to review the files will be mutually agreed upon.

Appears in 1 contract

Samples: Supplemental Agreement

DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge he/she is discharged if the cause of such discharge is dishonesty, drinking of or being under the influence of alcoholic beverage beverages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non-prescribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or ille- gal substances in Company equipment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report an accident, carrying or punching a time card other than employee’s own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutystealing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee he/she shall be reinstatedreinstated and compensated at his/her usual rate of pay while he/she has been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice 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 Agree- ment. There shall be an immediate notification in writing by the company to the officers of the Union and the employee fails involved for all infractions of the Company rules by the employees. Unless such written notice is given to grieve the discipline officers of the Union and the employ- ee 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 stated above within tento mean that a 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 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. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge he/she is discharged if the cause of such discharge is dishonesty, drinking of or being under the influence of alcoholic beverage beverages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non-prescribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report an accident, carrying or punching a time card other than employee’s own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutystealing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee he/she shall be reinstatedreinstated and compensated at his/her usual rate of pay while he/she has been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice 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 fails involved for all infractions of the Company rules by the employees. Unless such written notice is given to grieve the discipline 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 stated above within tento 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. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

Appears in 1 contract

Samples: National Master United Parcel Service 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 a complaint against such employee to the employee, employee in writing, which notice shall be approved by the Director of Public Services and a copy of the same to the Local UnionUnion President and the Union Vice President affected, except that no warning prior discipline notice need be given to an employee before discharge if the cause of such discharge is dishonestyis: 1) Theft of private or City property. 2) Removing City property, drinking records or other materials from the workplace without proper authorization. 3) Deliberate destruction or abuse of City property, tools or equipment. 4) Bringing intoxicants, drugs or narcotics into, or consuming same on City property, or in City vehicles. 5) Bringing firearms or weapons of any kind on to City property or into City vehicles. 6) Causing, leading or engaging in a strike, walkout or other work stoppage. (Subject to Article V of the Collective Bargaining Agreement). 7) Reporting for duty or working under the influence of alcoholic beverage or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her personintoxicating beverage, or equipmentdrugs. 8) Offenses of the same or similar nature. Insubordination which shall be deemed to mean a willful refusal to obey a reasonable work order of the immediate supervisor, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized passengers while may be punishable on the jobfirst offense by a one day suspension, or engaging in unprovoked physical violence on Company property or while the second offense by a five day suspension, and on dutythe third offense by possible discharge. The warning discipline notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine twenty- four (924) months from the date of said warning discipline notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and Union affectedthe Union. Any employee may request an investigation as to said his/her discharge or suspension in accordance with Article V. A request by an employee for an investigation as to his/her discharge or suspension must be made by written request within five (5) days from the date of discharge or suspension, excluding Saturdays, Sundays and holidays. Should such investigation prove that an injustice has been done an employee, the employee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter must be heard within ten (10) working days and a decision reached within five (5) days from the day of management’s knowledge date of the infractionhearing upon the discharge or suspension. Appeals If no decision has been reached within five (5) days from dischargethe hearing date, suspension, or warning notice must the case shall then be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline up as stated above within tenprovided for in Article V hereof.

Appears in 1 contract

Samples: Collective Bargaining 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 suspension, shall give at least one (1) warning notice of a complaint against such employee employ­ ee to the employee, employee in writing, and a copy of the same to the Local UnionUnion and Job Xxxxxxx affected, except that no warning notice need be given to an employee before discharge they are discharged if the cause of such discharge is dishonestycalling an unauthorized strike or walkout, drunk- enness, drinking of during working hours (including lunch time) or being under the influence of alcoholic beverage liquor or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her personduring working hours, or equipmentin the illegal possession of drugs, that is prohibited by State proven theft or Federal Law (including meal period)dishonesty, recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence assault on Company property their Employer or while on dutytheir Employer’s representative during working hours or carrying unauthorized pas- sengers in Employer’s vehicle. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. . Non­active time will not be included in the (B9) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) month time frame. Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said their discharge or suspension. Should such investigation prove that an injustice has been done an employee, the employee they shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals Appeal from discharge, suspension, suspension or warning notice must be taken within ten (10) working days by written from the date of discharge, suspension or warning notice. If All warning letters issued by the employee fails to grieve employer shall be deemed auto- matically protested by the discipline as stated above within tenLocal Union on behalf of the employee.

Appears in 1 contract

Samples: Supplemental Agreement

DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge he/she is discharged if the cause of such discharge is dishonesty, drinking of or being under the influence of alcoholic beverage beverages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non-prescribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or ille- gal substances in Company equipment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report an accident, carrying or punching a time card other than employee’s own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutystealing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee he/she shall be reinstatedreinstated and compensated at his/her usual rate of pay while he/she has been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice 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 fails involved for all infractions of the Company rules by the employees. Unless such written notice is given to grieve the discipline 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 stated above within tento 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. B. Employees absent from work for three (3) consecutive days with- out properly notifying the Employer will be considered to have vol- untarily quit.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

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DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge they are discharged if the cause of such discharge dis- charge is dishonesty, drinking of or being under the influence of alcoholic beverage beverages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non-pre- scribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or illegal substances in Company equip- ment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unpro- voked physical abuse or bodily harm to a Supervisor or other em- ployee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report re- port an accident, carrying or punching a time card other than employee’s own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutystealing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said their discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee they shall be reinstatedre- instated and compensated at their usual rate of pay while they have been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter must be tak- en within ten (10) working 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 day case shall then be taken up as provided for in Article 46 of management’s knowledge this Agree- ment. There shall be an immediate notification in writing by the company to the officers of the infractionUnion and the employee involved for all infractions of the Company rules by the employees. Appeals from discharge, suspension, or warning Unless such written notice must be taken is given to the officers of the Union and the employee involved within ten (10) working days of’ said infraction, the same shall be considered condoned, but receipt by written notice. If the Union and the employee fails of such written notice shall not be construed as to grieve mean that a violation has been committed. Whereby it is understood and agreed that warning letters should be protested immediately with the discipline as stated above within tenunderstanding that is, in the nine

Appears in 1 contract

Samples: National Master United 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 shall give at least one (1) warning notice of a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge he/she is discharged if the cause of such discharge is dishonesty, drinking of alcoholic beverages or being under the influence of alcoholic beverage drugs or narcotics, including hallucinogens while on duty, carrying or permitting the carrying in illegal possession of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law during the workday (including meal period)) or drunkenness, recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, or the carrying of unauthorized passengers while on the jobjob or offenses of equal seriousness. Except for serious accidents, or engaging 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, a 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 the above mentioned, including suspension, the disciplinary action will be held in unprovoked physical violence on Company property or while on dutyabeyance for two (2) weeks to give the Local Union the opportunity to intervene prior to the action being taken. The warning notice notice, suspension or discharge as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from the date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in , suspension or discharge. Any disciplinary action up to and including discharge. (C) Discharge or suspension 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 said his/her discharge or suspension. Should such investigation prove that an injustice has been done an employee, the employee he/she shall be reinstated. The S.R.A.P.G.C. and C.P.A.P.G.C. or the impartial arbitrator shall have the authority to order full, partial, partial or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice and a decision reached within thirty (30) days from the date of suspension or discharge. If An employee shall be given a copy of any Company form or document signed by the employee fails to grieve the discipline as stated above within tenif requested. The Company will not use absenteeism or accidents in conjunction with any other disciplinary action.

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 shall give at least one (1) warning notice of a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverage or narcotics, including hallucinogens hal- lucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property prop- erty or while on duty. The warning notice as herein provided shall be given to the employee employ- ee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary dis- ciplinary action up to and including discharge. (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation inves- tigation as to said discharge or suspension. Should such investigation investiga- tion prove that an injustice has been done to an employee, the employee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation com- pensation for time lost. The employee and the Union will be provided pro- vided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within tenten‌

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 a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be given to an employee before discharge he is dis- charged if the cause of such discharge is dishonesty, drinking alcoholic beverages during the workday, use or possession of or under the influence of alcoholic beverage or narcotics, including hallucinogens illegal drugs while on duty, carrying or permitting the carrying of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, or the carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on duty. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint have no force or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from the date of said warning notice. . Warning notices or file write-ups beyond the nine (B9) Sobriety - Drug Test: month period set forth above will not be considered in the grievance procedure. The refusal to take a drug and/or 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 test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) 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 said his discharge or suspension. Should such investigation prove that an injustice has been done an employee, the employee he shall be reinstatedreinstat- ed. The S.R.A.P.G.C. A.A.P.G.C. and the impartial arbitrator shall have the authority author- ity to order full, partial, partial or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals Appeal from discharge, suspension, suspension or warning notice must be taken within ten (10) working days by written notice and a decision reached with- in thirty (30) days from the date of discharge, suspension or warn- ing notice. If Suspensions are to be served upon: 1. Employee acceptance of the suspension. 2. Notification of decision of the A.A.P.G.C. 3. Failure of the employee fails to grieve file a timely grievance. If an employee is involved in a minor chargeable accident and after a full investigation it is proven beyond a reasonable doubt that the discipline as stated above within tenaccident was caused by the employee’s negligence, the employee shall receive a warning notice, with a copy of said notice to the Local Union. For the second (2nd) such offense the employee shall receive anoth- er warning notice and be subject to a three (3) day suspension with a copy of the warning notice to the Local Union. For the third (3rd) such offense, the employee is subject to discharge. All employees have the right to examine their Center personal files upon request on their own time and shall receive copies of any documents in the file upon request with the understanding that the employee is responsible for all administrative and copying expenses. The purpose of an employee’s signature on a Company form or file write-up is to ensure nothing is placed into the employee’s center file without review by the employee. The employee’s signature does not indicate that the employee agrees with the content of the item being placed in his/her file, but does indicate his/her knowl- edge of the contents.

Appears in 1 contract

Samples: Supplemental Agreement

DISCHARGE OR SUSPENSION. (A) 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 a the complaint against such employee to the employee, in writing, and a copy of the same to the Local UnionUnion and job xxxxxxx affected, except that no warning notice need be given to an any employee before discharge he/she is discharged if the cause of such discharge dis- charge is dishonesty, drinking of or being under the influence of alcoholic beverage xxx- erages, or narcotics, including hallucinogens while on duty, carrying taking of or permitting being under the carrying influence of non-prescribed drugs or narcotics illegal substances during working hours or on his/her personCompany business or property, or equipmentpossession of or selling of non-prescribed drugs or illegal substances in Company equipment or on Company premises, that is prohibited by State or Federal Law (including meal period)on Company time, recklessness or unprovoked physical abuse or bodily harm to a Supervisor or other employee, or negligence resulting in a serious accident while on duty, an avoidable runaway accidentor the carrying of unauthorized passengers, or failure to report an accident, carrying or punch- ing a time card other than employee’s own for the purpose of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on dutysteal- ing time. The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complaint or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice. (B) Sobriety - Drug Test: The refusal to take a drug and/or alcohol test where there is reasonable cause to believe an employee is under the influence of either illegal drugs and/or alcohol may result in disciplinary action up to and including discharge. (C) . Discharge or suspension must be by proper written notice to the employee and the Union affected. Any employee may request an investigation as to said his/her discharge or suspension. Should such an investigation prove that an injustice has been done an employee, the employee he/she shall be reinstatedreinstated and compensated at his/her usual rate of pay while he/she has been out of work. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the Appeal from discharge or suspension letter within ten (10) working days from the day of management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written noticenotice 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 fails involved for all infractions of the Company rules by the employees. Unless such written notice is given to grieve the discipline 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 stated above within tento 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. B. Employees absent from work for three (3) consecutive days without properly notifying the Employer will be considered to have voluntarily quit.

Appears in 1 contract

Samples: Supplemental Agreement

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