Common use of Discharge Procedure Clause in Contracts

Discharge Procedure. The District agrees that employees shall not be suspended or discharged without cause from and after the date of this Contract. Whenever the District may conclude that an employee's conduct may justify discharge, the employee shall first be suspended. In all cases of suspension the District shall allow the suspended employee an opportunity to discuss his suspension with his representative before being required to leave the property of the District. Such initial suspension shall be for not more than three (3) regularly scheduled workdays. In the event the suspension is converted into a discharge, such discharge shall not be made until the end of said three (3) day period. During the period of initial suspension, the employee may, if he believes he has been unjustly dealt with, request a hearing in a meeting between the Association's Grievance Committee, his immediate supervisor and the business manager. After such hearing, or if no such hearing is requested, the Business Manager shall decide, dependent upon the facts of the case, whether the suspension without pay already given is considered sufficient, should be extended, should be converted into a discharge or that no discipline should have been given. If the employee believes he has been unjustly disciplined it shall be a proper subject for the grievance procedure, provided a written grievance with respect thereto is presented to the Superintendent pursuant to the Fourth Step of the Grievance Procedure within five (5) regularly scheduled work days after the Business Manager makes his decision as set forth above. The District agrees to promptly notify the Association Chairperson of any suspension or discharge. The driver may invite any Association representative to any disciplinary meetings and/or hearings.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Discharge Procedure. A. No employee shall be disciplined (including warnings, reprimands, suspension, demotions, discharges or other actions of a disciplinary nature), without cause. The District agrees that employees shall not specific grounds forming the basis for disciplinary action will be suspended made available to the employee and the Association in writing. B. If, at any time, the quality of work, or discharged without cause from and after the date behavior, of this Contract. Whenever the District may conclude that an employee's conduct may justify dischargeemployee is deemed unsatisfactory, any disciplinary action taken against the employee shall first be suspendedprogressive/corrective in nature and shall be appropriate to the behavior which precipitates said action. C. In the case of suspension (with or without pay), the initial suspension shall be for a maximum of three (3) workdays. In The employee shall be provided, in all cases of suspension suspension, the District shall allow the suspended employee an opportunity to discuss his his/her suspension with his his/her representative before being required to leave the property of the District. Such initial suspension shall be for not more than three (3) regularly scheduled workdays. In the event the suspension is converted into a discharge, such discharge shall not be made until the end of said three (3) day period. During the period of initial suspension, the employee may, if he believes he has been unjustly dealt with, may request a hearing in a meeting between the Association's Grievance Committee, his his/her immediate supervisor and the business managerBusiness Manager, or his/her designee. After such hearing, or if no such hearing is requested, the Business Manager Manager, or his/her designee, shall decide, dependent upon the facts of the case, whether the suspension suspension, with or without pay pay, already given is considered sufficient, should be extended, should be converted into a discharge or that no discipline should have been given. If In the event the suspension is converted to a discharge, such discharge shall not be made until the end of the period of suspension. The District agrees to promptly notify the Association representatives of such suspension or discharge. D. In the event the employee believes he he/she has been unjustly disciplined disciplined, it shall be a proper subject for the grievance procedure, provided a written grievance with respect thereto is presented to the Superintendent pursuant to the Fourth Third Step of the Grievance Procedure grievance procedure within five (5) regularly scheduled work days after the Business Manager Manager, or his/her designee, makes his his/her decision as set forth above. The District agrees It is understood and agreed that when an employee files a grievance with respect to promptly notify the Association Chairperson of any his/her suspension or discharge, the act of filing such a grievance shall constitute his/her authorization to the District to reveal to the participants in the grievance procedure any and all information available to the district concerning the alleged offense and such filing shall further constitute a release of the District from any and all claimed liability by reason of disclosure. In the event it should be decided under the grievance procedure that the employee was unjustly discharged or suspended, the District shall reinstate the employee and pay full compensation, partial or no compensation as may be decided under the grievance procedure, which compensation, if any, shall be at the rate of the employee's regular straight time earnings during the pay period immediately preceding the date of discharge, less such straight time compensation as he/she may have earned at any other employment during such period. E. All corrective or disciplinary actions shall be done in private. F. In the case of oral warnings, if during the succeeding six (6) months, the employee receives no further oral or written warnings, the employee may request, in writing, that the case be reviewed by the Business Manager. The driver Business Manager, at his/her option, may invite any Association representative choose to any retain or remove the documentation. The decision of the Business Manager, in this matter, shall not be grievable. Should the Business Manager choose to retain the documentation of the oral warning, then after two years from the date of the oral warning, providing the employee has had no further incident of oral or written warnings or other disciplinary meetings and/or hearingsactions arising out of his/her work for the District, the documentation regarding the initial oral warning shall be removed from the employee's personnel file.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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