DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. 10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available. 10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed: (a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee. (b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint. (c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments. (d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above. 10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given. 10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction. 10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested. 10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by 10.01 Whenever an employee who has completed probation that he or she has been unjustly discharged is required to meet with a Supervisor/Manager for the purpose of the imposition of disciplinary/discharge, the employee shall be treated as accompanied by a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received Xxxxxxx from his/her discharge notice. Such grievance will Division, or in the event this Xxxxxxx is not available, the Chief Xxxxxxx or his designate would be taken up by contacted in order to have a Xxxxxxx accompany the Union at a special meeting with the Administratoremployee.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The 10.02 An employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the any serious dissatisfaction concerning his/her work within five (5) working days when of the Employer becoming aware of the incident giving rise event, or within fifteen (15) working days of the event in those cases where the Employer is conducting an investigation.
10.03 The Employee’s response to the complaint. This notice disciplinary letter shall include particulars become part of his/her record.
10.04 Disciplinary documentation shall not be used against an employee after twelve (12) months in the work performance which led case of a letter of discipline and twenty-four (24) months in the case of a disciplinary suspension, provided there have been no recurrence of a similar and/or other infraction.
10.05 When an employee, who has completed the probationary period is discharged, the Employer shall provide the written reasons for his/her dismissal with a copy to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to herUnion. Prior to signingleaving the premises of the Employer, he/she may discuss his/her dismissal with the employee shall have the opportunity to write her commentsUnion Representative.
(d) The 10.06 Where in the opinion of the Union an employee or part-time employee, who has completed the right to Union Representation in any proceedings under (a)probationary period is wrongfully or unjustly discharged, (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 1 of the grievance procedure and must may be presented in writingbypassed, dated, and signed providing the grievance is filed within five (5) working days after notice of the discharge was givendischarge.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 8.01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee with the Administrator or designate within five fourteen (514) calendar days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It Administrator or designate at Step 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer's action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is agreed that just and equitable in the Chairperson opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be member or designate, or if neither is available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the following procedure workplace in order to conduct the investigation. Such suspension shall not be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspensiondisciplinary. If the penalty employee is discharge then only at work at the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing time of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samesuspension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee then she shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a)the presence of a Committee Member, (b) or (c) above.
10:04 Such grievance shall proceed directly if none are then at work to Step 2 the presence of an at-work co-worker of the grievance procedure and must be presented in writingemployee's choice, datedat the time she is suspended. If the employee is not at work at the time of such suspension, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements then she will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to contacted directly by the parties. The employee may have Employer and a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will Committee Member shall be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to it within the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeenext 2 days.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by
10.01 Whenever an employee who has completed probation that he or she has been unjustly discharged is required to meet with a Supervisor/Manager for the purpose of the imposition of disciplinary/discharge, the employee shall be treated as accompanied by a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received Xxxxxxx from his/her discharge notice. Such grievance will Department and/or wage schedule, or in the event this Xxxxxxx is not available, the Chief Xxxxxxx or his designate would be taken up by contacted in order to have a Xxxxxxx accompany the Union at a special meeting with the Administratoremployee.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The 10.02 An employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the nature of any serious dissatisfaction concerning his/her work within five (5) working days when (Monday to Friday excluding paid holidays) of the Employer becoming aware of the incident giving rise event, or within fifteen (15) working days (Monday to Friday excluding paid holidays) of the event in those cases where the Employer is conducting an investigation. An extension in time to conduct an investigation under this clause may be granted by mutual agreement. Such extension will not unreasonably be withheld.
10.03 The Employee’s response to the complaint. This notice disciplinary letter shall include particulars become part of his/her record.
10.04 Disciplinary documentation shall not be used against an employee after twelve (12) months in the work performance which led case of a letter of discipline and twenty-four (24) months in the case of a disciplinary suspension, provided there have been no recurrence of a similar and/or other infraction.
10.05 When an employee, who has completed the probationary period, is discharged, the Employer shall provide the written reasons for his/her dismissal with a copy to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to herUnion. Prior to signingleaving the premises of the Employer, he/she may discuss his/her dismissal with the employee shall have the opportunity to write her commentsUnion Representative.
(d) The 10.06 Where in the opinion of the Union an employee or part-time employee, who has completed the right to Union Representation in any proceedings under (a)probationary period is wrongfully or unjustly discharged, (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 1 of the grievance procedure and must may be presented in writingbypassed, dated, and signed providing the grievance is filed within five (5) working days after notice of the discharge was givendischarge.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 13.01 Where the Employer or its authorized agent deems it necessary to reprimand an employee, such shall be done in private.
13.02 Where the Employer or its authorized agent deems it necessary to take formal disciplinary action against an employee in a manner indicating that dismissal may follow any further infraction or may follow if such employee fails to bring her work up to a required standard by a given date, the Employer shall, within five (5) days thereafter, give written particulars of such censure to the employee involved with a copy to the Secretary of the Union. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of her record. The record of an employee shall not be used against her at any time after eighteen (18) months following a suspension or disciplinary action, including letters of reprimand or any adverse reports, provided there has been no recurrence of a similar and/or other infraction.
13.03 An employee may be discharged or suspended, but only for just cause, and only upon the authority of the Chief Librarian. When an employee is discharged or suspended, she shall be given the reason in the presence of her xxxxxxx or other member of the Union Executive. Such employee and the Union shall be advised promptly in writing by the Chief Librarian of the reason for such discharge or suspension.
13.04 A claim by an employee employee, who has completed probation her probationary period, that he her discharge or she has been unjustly discharged suspension was without just cause shall be treated as a grievance only if a her written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complainther discharge or suspension. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to commence at Step 2 of the grievance procedure procedure. Such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and must be presented equitable in writing, dated, and signed within five (5) working days after notice the opinion of the discharge was givenparties or, if necessary, a Board of Arbitration.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees 13.05 An employee shall have access to review her personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to in the employee after a period of twelve (12) months from the date presence of the infractionDirector, Human Resources or her designate upon twenty-four (24) hours' notice.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 11.01 If the employee is available, the Employer shall meet with the employee before issuing any disciplinary letter, including letters of suspension or termination, or warning letter, and shall advise the employee before the meeting is held, of the nature of the meeting. If a disciplinary or warning letter is subsequently issued, a copy shall be forwarded to the Union at the time it is delivered to the employee. Any such letter shall be issued within five (5) working days of the meeting with the employee, or, if the employee is not available, within five (5) days of the date the Employer attempted to contact the employee.
(a) Any grievance resulting from a disciplinary or warning letter shall be processed through the grievance procedure as outlined in Article 9.
(b) Counselling sessions are non-disciplinary and shall not be used for the purpose of future discipline. An employee has the right to request Union representation when meeting with the Employer for counselling sessions.
(c) Performance appraisals are reference materials to be used for employee development purposes only. Performance appraisals may be referred to in counselling sessions, but shall not be used as documentation to support disciplinary action.
(a) A claim by an employee who has completed probation that he or she has been unjustly discharged or suspended without just cause shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed Executive Director within five (5) working days after notice the discharge or suspension, or within five (5) working days after the Union has been notified, whichever is later.
(b) Such grievance may be settled by confirming the Employer's action or by reinstating the employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the discharge was givenconferring parties or by the Arbitrator.
10:05 Only those disciplinary notices that result in (c) In such a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to grievance the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view Executive Director shall render his/her personnel file. It is understood that such request will be granted decision within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or she has had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Director of Marketing & Audience Development within five (5) days after the employee Employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problemEmployee, the Employer following process shall notify be followed:
a) the employee shall be made aware of the issue by a lead hand/supervisor or manager with corrective action and expectations outlined to the employee, within 5 days of the issue coming to the attention of the lead hand/supervisor or manager.
b) if such corrective discussion does not resolve the issue, the Festival shall follow its progressive discipline policy, within 5 days of the issue coming to the attention of the lead hand/supervisor or manager.
c) any formal disciplinary action shall be provided to the employee in writing writing, with a copy to the Business Agent of the dissatisfaction concerning his/her work within five (5) working days when becoming aware Union. If this procedure is not followed, such corrective action shall not become part of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaintemployee’s record.
(c) The letter or form given 7.03 An Employee subject to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee formal disciplinary action shall have the opportunity right to write her commentsthe presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is being taken, if he/she so wishes.
(d) The employee has 7.04 Insubordination, intoxication, and theft, and threats to patron or staff safety shall be cause for immediate dismissal from a shift and may be subject to disciplinary action. These circumstances shall be reported immediately in writing to the right Director of Marketing & Audience Development of the Festival and the appropriate Union Xxxxxxx and the Business Agent and shall be subject to Union Representation Complaint and Grievance procedures as outlined in any proceedings under (a), (b) or (c) aboveArticle Five.
10:04 Such grievance 7.05 The record of an Employee shall proceed directly to Step 2 of the grievance procedure and must not be presented in writing, dated, and signed within five (5) working days used against him/her at any time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlay off.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her personnel file. It is understood that such request .
7.07 Saturdays, Sundays and legal holidays will not be granted within seven included in the limits of the specified time of Article Seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested).
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 8.01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee with the Administrator or designate within five fourteen (514) calendar days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It Administrator or designate at Step No. 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer’s action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is agreed that just and equitable in the Chairperson opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be member or designate, or if neither is available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the following procedure workplace in order to conduct the investigation. Such suspension shall not be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspensiondisciplinary. If the penalty employee is discharge then only at work at the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing time of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samesuspension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee then she shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a)the presence of a Committee Member, (b) or (c) above.
10:04 Such grievance shall proceed directly if none are then at work to Step 2 the presence of an at-work co-worker of the grievance procedure and must be presented in writingemployee's choice, datedat the time she is suspended. If the employee is not at work at the time of such suspension, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements then she will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to contacted directly by the parties. The employee may have Employer and a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will Committee Member shall be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to it within the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeenext 2 days.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he 15.01 The Employer reserves the right to discipline, suspend or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorEmployees for just cause.
10:02 It is agreed 15.02 Whenever the Employer deems it necessary to censure an Employee in a manner indicating that the Chairperson of Employee's performance and/or behavior is unacceptable and that formal disciplinary action may follow if such Employee fails to bring the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given Employee's performance and/or behavior up to a Committeeperson who is available.
10:03 In the event the Employer initiates required standard by a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problemdate, the Employer shall notify the employee in writing give written particulars of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise such censure to the complaint. This notice shall include particulars of the work performance which led Employee involved with a copy to the complaintUnion.
(c) The letter or form given 15.03 A meeting for disciplinary purposes shall be understood to the employee shall state the complaint or appraisal of results and contain on the bottom thereof mean a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place meeting convened for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 purpose of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspensiona suspension or the dismissal of an Employee, or that such action may follow. The Employee has the right to have a union representative present for such a meeting.
15.04 Any demotion, suspension or discharge of an Employee shall be in writing and contain the reason for such action. The Employee and the Union shall be provided with a copy of such written disciplinary action.
15.05 An Employee may make an appointment for a meeting with the Coordinator of Labour Relations to review the Employee's personnel file (s). Such appointment shall be during normal Employer office hours. The Employee shall be entitled, to make a copy of any information contained in the personnel file. Further, the Employee shall have the right to reply in writing to any document placed in his/her personnel file and such reply shall become a part of the Employee's record.
15.06 Records of any discipline shall be removed from the Employee's file if, within the subsequent eighteen (18) months, there has been no further discipline of the same or of a similar nature.
(a) An Employee who normally operates a motor vehicle in the course of his/her employment is obligated to advise and provide full disclosure to their supervisor immediately after the occurrence of any motor vehicle infraction for which he/she is charged under the Motor Carrier Act, Motor Vehicle Act, Criminal Code of Canada or Summary Proceedings Act.
(b) An Employee who normally operates a School Board vehicle in the course of his/her employment and who is convicted of an offense under the Criminal Code of Canada relating to the operation of a motor vehicle is subject to dismissal or other disciplinary action by the Employer.
(c) Any employee having driven a Board vehicle at any time without a valid driver’s license shall be subject to an employeediscipline.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. Adverse Report
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) 12:01 The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the an employee in writing of any expression of dissatisfaction which may be detrimental to an employee's advancement or standing with the dissatisfaction concerning his/her work Employer, whether or not it relates to the employee’s work, within five ten (510) working days when becoming aware of the incident giving rise event of the complaint. A copy shall be forwarded to the complaintShop Xxxxxxx at the Day Care Centre. This notice shall include particulars of the work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become part of the employee’s record for use against them at any time. The employee's reply to such complaint., accusation or expression of dissatisfaction shall become part of their record. The record of an employee shall not be used against them at any time after twelve (12) consecutive clear months following a suspension or disciplinary action, including letters of reprimand or any adverse reports. Failure to grieve previous discipline, or to pursue such a grievance to arbitration, shall not be considered an admission that such discipline was justified. Disciplinary Interview
(c) The letter or form given 12:02 Where an employee is summoned to the supervisor’s office for an interview concerning discipline, the supervisor will inform the employee of the right to have their Union Xxxxxxx present prior to discussing the matter with the employee. The employee may, if the employee so desires, request the presence of their Union Xxxxxxx to represent them during the interview. If the employee requests representation by their Union Xxxxxxx, the supervisor will send for the Union Xxxxxxx without undue delay and without further discussion of the matter with the employee concerned. Whether called or not, the Union Xxxxxxx will be advised in writing within one (1) working day (24 hours) of the facts of the disciplinary action and the reason therefore. Discipline Procedure
12:03 The employee shall state be notified in writing of the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that action and/or penalty. If the employee acknowledges having read challenges the letter or form acknowledging receipt of Employer's decision, a copy of the sameEmployer's notice shall be sent to the Secretary of the Union. No discipline will be done without just cause. This clause shall not restrict the Employer from suspending an employee until the issue is resolved through the grievance and/or arbitration procedure. In the event that the Employer requires that an employee absent themselves from the Centre while they investigate an allegation of wrongdoing, and a place the Employee will not suffer loss of income or benefits for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given investigation up to the employee after a period imposition of twelve (12) months from the date subsequent discipline or reinstatement. Burden of the infraction.Proof
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions 12:04 In cases of a seniority employee. When an employee is called to an interview and the subject of the interview is discharge and/or discipline, the employee will burden of proof of just cause shall rest with the Employer. In the subsequent grievance or arbitration, evidence shall be so informed by limited to the grounds stated in the discharge or discipline notice to the employee. Warning
12:05 Whenever the Employer or the Employer’s representative when authorized agent deem it necessary to censure an employee in a manner indicating that dismissal may follow any further infraction, or may follow if such employee fails to bring their work up to a required standard by a given notice date, the Employer will present the censure in written form to the employee. If challenged by the employee, the Employer shall give written particulars of such censure to the Secretary of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.within ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement 17.01 The Employer is committed to the principles of such discharge progressive discipline. Disciplinary action is lodged by intended to correct and deter further disciplinary infractions, not punish the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.employee.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee 17.02 No disciplinary measure in the bargaining unit. Should the Chairperson not be available at the time, a copy form of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the letter, suspension or discharge of the employee, the following procedure or in any other form shall be followedimposed on any employee without just, reasonable and sufficient cause and without receiving beforehand or at the same time a written letter stating the grounds on which a disciplinary measure is imposed.
17.03 Subject to 17.04, an employee may elect to be accompanied by a Union representative where:
(a) The An employee shall is required to attend a meeting where written discipline is to be notified in writingapplied, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.or
(b) In the event An employee is required to attend any meeting with two or more representatives of the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the which may give rise to discipline.
17.04 The Employer shall notify the employee in writing of their right to have a representative of the dissatisfaction concerning his/her work within five Union in attendance, and shall provide the following notice:
(5a) working days when becoming aware An employee who elects to be accompanied by a representative at a meeting under Article 17.03(a) or 17.03(b), shall be permitted up to twenty-four (24) hours from the time they are first notified of the incident giving rise meeting, within which to arrange the complaint. This notice shall include particulars attendance of the work performance which led to the complaint.representative; or
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or If a meeting under Article 17.03(a) is not preceded by a meeting under Article 17.03(b), an employee who elects to be accompanied by a representative shall be permitted up to forty-eight (c48) abovehours from the time they are first notified of the meeting where discipline is to be applied, within which to arrange the attendance of the representative.
10:04 Such grievance 17.05 Disciplinary action shall proceed directly to Step 2 of the grievance procedure and must not be presented in writing, dated, and signed within five (5) working days after notice of the discharge was givenunduly delayed.
10:05 Only those 17.06 Any document or written statement related to disciplinary notices that result in a suspension will remain action, which may have been placed on an employees the personnel file for a period of fifteen an employee, shall be destroyed after twenty-four (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (1224) months from have elapsed since the date of the infractiondisciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
10:06 An employee shall, upon written request, 17.07 No documents which could be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called detrimental to an interview and employee’s advancement or standing with the subject of the interview is discipline, the employee will Employer shall be so informed by the Employer’s representative when given notice of the interview, and will be advised added to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to without the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee’s knowledge.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or she has had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Facilities Manager within five (5) days after the employee Employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer initiates a disciplinary action against an employee that results Employee and which may result in the suspension or discharge of the employeeEmployee, the following procedure shall be followed:.
(a) 7.03 The employee Employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Business Agent of the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeUnion.
(b) 7.04 In the event the Employer is dissatisfied with the work of an employee Employee and correction corrective discussion has not resolved the problem, the Employer shall notify the employee Employee in writing of the dissatisfaction concerning his/her his work within five ten (510) working days when becoming aware of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee’s record.
(c) 7.05 The letter or form given to the employee record of an Employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall not be given to her. Prior to signing, the employee shall have the opportunity to write used against him/her comments.
(d) The employee has the right to Union Representation in at any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlay off.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her personnel file. It .
7.07 An Employee subject to discipline shall have the right to the presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their filebeing taken, if requestedhe/she so wishes.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 9.01 A claim by an employee who has completed probation that he or he/she has been unjustly discharged or suspended without just cause shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union commencing at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the Grievance Procedure. Probationary employees who have been discharged are governed by Article 3.03. Such grievance procedure shall be in writing and must shall be presented in writing, dated, and signed filed within five seven (57) working calendar days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infractionletter confirming the discharge or suspension.
10:06 An 9.02 Such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee shall, upon written request, be granted with appropriate compensation or by any other arrangement agreed to between the opportunity Parties.
9.03 Whenever an employee is told to view report to a management supervisor for the purpose of discussing a serious dissatisfaction with his/her personnel filework, which may lead to the imposition of discipline, including suspension or discharge, a Union representative shall be present at the request of either party. It is understood that such request A written statement of the meeting shall be provided to the employee, outlining the concerns raised by the Employer, with a copy to the Union, within three (3) working days.
9.04 Prior to leaving the premises, an employee who has been discharged or suspended may discuss his/her case with a Union representative.
9.05 Any letter of reprimand or discipline will be granted within seven removed from the record of an employee and from the supervisor's anecdotal record and destroyed eighteen (718) days months following the receipt of such letter, provided that the employee's record has been discipline free during this period.
9.06 Complaints made to the Employer concerning the work or at a time mutually agreed to behaviour of an employee will be investigated by the partiesEmployer before any disciplinary action, if appropriate, is taken. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of notified whenever a seniority employee. When an employee complaint is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeereceived.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged
14.01 With the exception of verbal warnings, discipline shall be treated as in writing with a grievance if a written statement copy provided to the Union.
14.02 In cases of such discharge is lodged by discharge, the employee burden of proof of just cause shall rest with the Administrator Employer. In the subsequent grievance proceedings or designate Arbitration Hearing, subject to Article 14.06, evidence shall be limited to the grounds stated in the discharge or discipline notice to the Employee.
14.03 Disciplinary action shall be taken in a timely fashion.
14.03.01 When the Employer deems it necessary to discipline an Employee, notice of discipline shall be given to the Employee and the Union within ten (10) calendar days of the complaint coming to the attention of the Airport management.
14.03.02 Where disciplinary action cannot be determined within this time period, the Employer shall inform the Employee and the Union in writing within five (5) calendar days after of the employee has received his/her discharge noticecomplaint coming to the attention of Airport Management, a notice of investigation and that further action may be taken. Such grievance will Any further action must be taken up by Airport Management as soon as possible and in any event no longer than ninety (90) calendar days of the Union at a special meeting complaint commencing the investigation. If no discipline is applied within this time, the notice of investigation is deemed withdrawn.
14.03.03 Where discipline, discharge or suspension is to occur under 14.03.1 or 14.03.2 above, all meetings with the AdministratorEmployee shall occur in the presence of a Xxxxxxx at which time the reason(s) for such actions shall be given.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee 14.04 An Employee shall have the opportunity right at any time by appointment to write her comments.
(d) The employee has have access to and review their personnel file and shall have the right to Union Representation respond in writing to any proceedings under (a)document contained therein, (b) or (c) abovesuch a reply becoming part of the permanent record.
10:04 Such grievance 14.05 The record of an Employee shall proceed directly to Step 2 of the grievance procedure and must not be presented in writing, dated, and signed within five used against them at any time after thirty-six (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (1236) months from the date following any disciplinary action, including letters of the reprimand or any adverse reports, provided there has not been a further infraction.
10:06 An employee shall. Failure to grieve previous discipline, upon written requestor to pursue such a grievance to arbitration, shall not be granted the opportunity to view his/her personnel file. It is understood considered an admission that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requesteddiscipline was justified.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 14.01 It is understood that in the event that a representative of the Union employed by an employee DARTS is not available, the Employer shall contact the CUPE Local 5167 office and advise that there is no representative available and the reason why. The local union shall ensure that there is a representative made available from the local union office to meet with the Employer and the employee.
14.02 An Employee who has completed probation his/her probationary period may be dismissed, but only for just cause. When an Employee is discharged or suspended, he/she shall be given the reason in the presence of his/her Xxxxxxx. Such an Employee and the Union shall be advised promptly in writing by the Employer, of the reason for such discharge or suspension.
14.03 An Employee, who has completed his/her probationary period and considers that he or he/she has been wrongfully or unjustly discharged or suspended, shall be treated as entitled to file a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge noticecommencing at Step No. Such grievance 2. All other discipline grievances will be taken up by the Union commence at a special meeting with the AdministratorStep. No.
10:02 It is agreed that 1. Employees who have completed the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson probationary period shall not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availabledisciplined except for just cause.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee 14.04 An Employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the any expression of dissatisfaction concerning his/her work within five twenty (520) working days when becoming aware of the incident giving rise to the Employer's receipt of complaint. This notice shall include particulars of the work performance which that led to such dissatisfaction. In the complaint.
(c) The event that the Employer requires additional time to investigate the complaint the Employer shall send a letter or form given to the employee shall state Executive Administrator of CUPE Local 5167 confirming an extension and the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samereason for such extension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall also be given sent to her. Prior to signing, the employee shall have the opportunity to write her comments1ST Vice- President and Unit Vice President.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those 14.05 All disciplinary notices that result in a suspension will remain notations on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will Employee’s record shall be removed and given to after eighteen (18) months of active employment provided that the employee after a period of Employee has remained disciplined free in the previous twelve (12) months from months.
14.06 Notwithstanding the date foregoing, the Employer may suspend the services of an Employee without notice, if there is a danger to the safety of the infractionpassengers or the vehicle.
10:06 An employee shall, upon written request, be granted 14.07 In the opportunity to view his/her personnel file. It is understood event that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject any Employees of the interview is disciplineEmployer, other than those covered by this Agreement, engage in a strike or where Employees in a labour dispute engage in a strike and maintain picket lines, the employee will Employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by members of this union shall not be so informed by the Employer’s representative when given notice considered a violation of the interviewthis Agreement, and will nor shall it be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other grounds for disciplinary action to an employeeaction.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 8.01 Where the Employer or his authorized agent deems it necessary to take formal disciplinary action against an employee in a manner indicating that dismissal may follow any further infraction or may follow if such employee fails to bring his/her work up to a required standard by a given date, the Employer shall within five (5) days thereafter, give written particulars of such censure to the employee involved with a copy to the Secretary of the Union. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of his/her record. The record of an employee shall not be used against him/her at any time after thirty-six (36) months following a suspension or disciplinary action, including letters of reprimand or any adverse reports provided no further similar disciplinary action has been recorded. The foregoing does not apply to those employees on a probationary period.
8.02 An employee may be discharged or suspended, but only for just cause, and only upon the authority (or delegates authority) of the Library Board. When an employee is discharged or suspended, he/she shall be given the reason personally by the Employer and may request the presence of his/her Xxxxxxx or other member of the Union Executive. Such employee and the Union shall be advised promptly, in writing, by the Head Librarian or his/her designate, of the reason for such discharge or suspension. The foregoing does not apply to those employees on a probationary period.
8.03 A claim by an employee who has completed probation the probationary period that he or he/she has been unjustly discharged discharged, suspended or disciplined without just cause shall be treated as a grievance if a written statement of such discharge is lodged by the employee in accordance with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:Grievance
(a) The employee shall be notified in writing, of confirming the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.Employer's action; or
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify reinstating the employee in writing without loss of seniority and with full compensation for the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.time lost; or
(c) The letter or form given to by any other arrangement which is just and equitable in the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy opinion of the same, and a place for conferring parties or the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her commentsArbitration Board.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or she has they had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Facilities Manager within five (5) days after the employee Employee has received his/her their discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer Festival initiates a disciplinary action against an employee that results Employee and which may result in the suspension or discharge of the employeeEmployee, the following procedure shall be followed:.
(a) 7.03 The employee Employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Business Agent of the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeUnion.
(b) 7.04 In the event the Employer Festival is dissatisfied with the work of an employee Employee and correction corrective discussion has not resolved the problem, the Employer Festival shall notify the employee Employee in writing of the dissatisfaction concerning his/her their work within five ten (510) working days when becoming aware of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee’s record.
(c) 7.05 The letter or form given to the employee record of an Employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall not be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in used against them at any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlayoff.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her their personnel file. It .
7.07 An Employee subject to discipline shall have the right to the presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their filebeing taken, if requestedthey so wish.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01
11.01 A claim by permanent employee may be dismissed or disciplined but only for just cause, the burden of which shall rest with the Employer. When an employee is discharged or suspended, the employee shall be given the reason in writing by the Employer within ten (10) business days with a copy to the Recording Secretary of the Local Union.
11.02 A probationary employee may be terminated by the Employer and there shall be no recourse to the grievance – arbitration procedure.
11.03 A permanent employee who has completed probation considers that he or she has they have been unjustly discharged or suspended shall be treated as entitled to a grievance if a written statement hearing under Article 9, Grievance Procedure. Step I of the Grievance Procedure shall be omitted in such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge noticecases. Such grievance will grievances shall be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson filed within ten (10) business days of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy date of the letter discharge or notice shall be given to a Committeeperson who is availablesuspension.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The An employee, upon giving twenty-four (24) hours (Monday-Friday) notice, may examine their employee file during regular office hours and shall be notified have the right to respond in writingwriting to any document contained therein. Alternatively, with the employee’s written consent, an Executive member assigned by the Union may examine an employee’s file in the absence of the action and/or penalty with a copy given to the Chairpersonemployee themselves. The employee, if the penalty is a suspension. If the penalty is discharge then only or their Executive member assigned by the Union (President with the employee’s written consent, shall have the right to make copies of any material contained in their file. References shall not be shown or his/her designate) need be notified in addition made available to the employee.
(b) In the event the Employer is dissatisfied with the work The record of an employee shall not be used against them providing the employee has eighteen (18) months of work which is discipline free.
11.05 A casual employee who has worked 1092 hours and correction discussion has not resolved the problem, been found “suitable” by the Employer shall notify be covered by Article 11.
11.06 Where an Employee is subject to an investigation by the employee in writing Employer or the Emergency Medical Services Board, the Employee may be placed on a paid leave of absence for the duration of the dissatisfaction concerning his/her work within five (5) working days when becoming aware investigation. The leave of absence shall be with pay unless the licensing body has issued an interim suspension of the incident giving rise employee’s ability to practice, in which case the complaint. This notice shall include particulars leave of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy absence shall be given to her. Prior to signing, the employee shall have the opportunity to write her commentswithout pay.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 9.01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written and dated statement of such discharge grievance is lodged by the employee Union with the Administrator Executive Director (or designate designate) within five (5) calendar days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorExecutive Director or designate at Step 3 of the Grievance Procedure.
10:02 It 9.02 Such grievance may be settled by confirming the Employer’s action or by reinstating the employee with full, partial or no compensation and seniority or by any other arrangement which is agreed that deemed just and equitable to the Chairperson of parties hereto or arbitration board as the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availablecase may be.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee Disciplinary action which is to be recorded in the employee’s personnel file, including verbal reprimands, shall be notified done in writing, the presence of the action and/or penalty with a copy given employee’s Union Xxxxxxx of choice, as long as that representative is available at no additional cost to the Chairpersonemployer. In the alternative, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeXxxxxxx who is available will attend.
(b) In the event the Employer is dissatisfied Meetings between management and union members with the work of representation may take place using SKYPE or any other camera live systems where such technology exists.
(c) When an employee and correction discussion has not resolved the problemis directed to appear before Management for reprimand, disciplinary action, suspension and/or discharge, the employee and the Union will be notified whenever possible prior to the meeting of the general nature of the meeting.
(d) Disciplinary action must be taken after the employer becomes aware of the circumstances giving rise to the discipline in a timely and reasonable fashion.
(e) A copy of all disciplinary action, outlining the reasons for such action, will be provided to the employee and delivered to the IBEW mailbox (located at the Administration office - 2001 Spring Garden Road) no later than two (2) working days following such action.
9.04 A probationary employee will have the right to process any grievance during his or her probationary period, except that the discharge of probationary employee is at the sole discretion of the employer and shall not be the subject matter of a grievance under this article, unless such discharge is contrary to Article 3 of this agreement, the proof of which shall be upon the grievor.
9.05 The Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted by an employee to the Executive Director or his/her designate, allow an employee the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by file in the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warningspresence of her Supervisor, or counselling sessions regarding disciplinary actions of a seniority employeeother designated management personnel. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning Information to be placed in an employee’s file must be copied to the Union Chairpersonviewed will be:
1. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.Application Form;
2. Written warnings;
3. Incident reports;
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or he/she has had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Facilities Manager within five (5) days after the employee Employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer Festival initiates a disciplinary action against an employee that results Employee and which may result in the suspension or discharge of the employeeEmployee, the following procedure shall be followed:.
(a) 7.03 The employee Employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Business Agent of the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeUnion.
(b) 7.04 In the event the Employer Festival is dissatisfied with the work of an employee Employee and correction corrective discussion has not resolved the problem, the Employer Festival shall notify the employee Employee in writing of the dissatisfaction concerning his/her work within five ten (510) working days when becoming aware of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee’s record.
(c) 7.05 The letter or form given to the employee record of an Employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall not be given to her. Prior to signing, the employee shall have the opportunity to write used against him/her comments.
(d) The employee has the right to Union Representation in at any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlayoff.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her personnel file. It .
7.07 An Employee subject to discipline shall have the right to the presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their filebeing taken, if requestedhe/she so wishes.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 14.01 It is understood that in the event that a representative of the Union employed by an employee DARTS is not available, the Employer shall contact the CUPE Local 5167 office and advise that there is no representative available and the reason why. The local union shall ensure that there is a representative made available from the local union office to meet with the Employer and the employee.
14.02 An Employee who has completed probation his/her probationary period may be dismissed, but only for just cause. When an Employee is discharged or suspended, he/she shall be given the reason in the presence of his/her Xxxxxxx. Such an Employee and the Union shall be advised promptly in writing by the Employer, of the reason for such discharge or suspension.
14.03 An Employee, who has completed his/her probationary period and considers that he or he/she has been wrongfully or unjustly discharged or suspended, shall be treated as entitled to file a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge noticecommencing at Step No. Such grievance 2. All other discipline grievances will be taken up by the Union commence at a special meeting with the AdministratorStep. No.
10:02 It is agreed that 1. Employees who have completed the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson probationary period shall not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availabledisciplined except for just cause.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee 14.04 An Employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the any expression of dissatisfaction concerning his/her work within five fifteen (515) working days when becoming aware of the incident giving rise to the Employer's receipt of complaint. This notice shall include particulars of the work performance which that led to such dissatisfaction. In the complaint.
(c) The event that the Employer requires additional time to investigate the complaint the Employer shall send a letter or form given to the employee shall state Executive Administrator of CUPE Local 5167 confirming an extension and the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samereason for such extension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall also be given sent to herthe 1ST. Prior to signing, the employee shall have the opportunity to write her commentsVice-President and Unit Vice President.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those 14.05 All disciplinary notices that result in a suspension will remain notations on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will Employee’s record shall be removed and given to after eighteen (18) months provided that the employee after a period of Employee has remained disciplined free in the previous twelve (12) months from months.
14.06 Notwithstanding the date foregoing, the Employer may suspend the services of an Employee without notice, if in the judgment of Management; the cause of the infractionsuspension endangers the safety of the passengers or the vehicle.
10:06 An employee shall, upon written request, be granted 14.07 In the opportunity to view his/her personnel file. It is understood event that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject any Employees of the interview is disciplineEmployer, other than those covered by this Agreement, engage in a strike or where Employees in a labour dispute engage in a strike and maintain picket lines, the employee will Employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by members of this union shall not be so informed by the Employer’s representative when given notice considered a violation of the interviewthis Agreement, and will nor shall it be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other grounds for disciplinary action to an employeeaction.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01
13.01 Where the Employer or its authorized agent deems it necessary to reprimand an employee, such shall be done in private.
13.02 Where the Employer or its authorized agent deems it necessary to take formal disciplinary action against an employee in a manner indicating that dismissal may follow any further infraction or may follow if such employee fails to bring her work up to a required standard by a given date, the Employer shall, within five (5) days thereafter, give written particulars of such censure to the employee involved with a copy to the Secretary of the Union. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of her record. The record of an employee shall not be used against her at any time after eighteen (18) months following a suspension or disciplinary action, including letters of reprimand or any adverse reports, provided there has been no recurrence of a similar and/or other infraction
13.03 An employee may be discharged or suspended, but only for just cause, and only upon the authority of the Chief Librarian. When an employee is discharged or suspended, she shall be given the reason in the presence of her xxxxxxx or other member of the Union Executive. Such employee and the Union shall be advised promptly in writing by the Chief Librarian of the reason for such discharge or suspension.
13.04 A claim by an employee employee, who has completed probation her probationary period, that he her discharge or she has been unjustly discharged suspension was without just cause shall be treated as a grievance only if a her written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complainther discharge or suspension. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to commence at Step 2 of the grievance procedure procedure. Such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and must be presented equitable in writing, dated, and signed within five (5) working days after notice the opinion of the discharge was givenparties or, if necessary, a Board of Arbitration.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees 13.05 An employee shall have access to review her personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to in the employee after a period of twelve (12) months from the date presence of the infractionChief Librarian upon twenty-four (24) hours' notice.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 16.01 The right to discipline, demote, suspend or discharge Employees for cause rests with the Employer. A claim progressive system of discipline will be used, where appropriate, including verbal warning, and, if necessary, written warnings, suspensions and finally discharge. Where circumstances warrant, steps in the progressive scale may be bypassed.
(a) Unless the right is waived by the Employee, a xxxxxxx shall be present whenever an Employee is given a written warning, a disciplinary suspension or is discharged. The Employee shall be informed of the reason for the meeting at its beginning. If a xxxxxxx is not readily available, the Employee will be given time to get a xxxxxxx to attend the meeting.
(b) Notwithstanding the foregoing, if the xxxxxxx is not available in an emergency situation, the Employer will permit the Employee an opportunity to contact an Employee Relations Officer prior to meeting. If neither the xxxxxxx nor an Employee Relations Officer are readily available, the employee will be given the opportunity to have another member of the bargaining unit present at the meeting.
16.03 When a formal review of an Employee's performance occurs, the Employee shall be given an opportunity to discuss, sign and make written comments on the review form and the Employee is to receive a signed copy of the form. The purpose of the signature is to confirm that the employee has read the contents of the form.
(a) The Employer will not introduce as evidence in a hearing relating to disciplinary action, any document from the file of an Employee, which was not brought to the attention of the Employee at or about the time of filing.
(b) Notice of a disciplinary action which may have been placed on the personnel file of an Employee may not be used in disciplinary action against an Employee after eighteen (18) months have elapsed since the disciplinary action was taken, provided that:
(i) No further disciplinary action has been recorded during this period; or
(ii) In the event of a serious disciplinary infraction, including harassment, discrimination or sexual related misconduct, three (3) years has elapsed since such disciplinary action was imposed.
16.05 An Employee may make an appointment to review their personnel file during normal office hours in the Employer's office, under the scrutiny of a representative of the Employer. The Employee shall be entitled to make a copy of any information contained in the personnel file. Personnel files may be accessed by persons authorized to do so by the Chief Operating Officer or pursuant to this collective agreement.
16.06 Where an employee who has completed probation that he or she has been unjustly discharged shall be treated as filed a grievance if a written statement of such discharge that is lodged by proceeding to arbitration, the employee Employer, with the Administrator or designate written authorization of the Employee, will copy and forward the Employee’s personnel file to the Union, within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by of getting a written request from the Union at a special meeting with the Administratorto do so.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 16.01 The right to discipline, demote, suspend or discharge Employees for cause rests with the Employer. A claim progressive system of discipline will be used, where appropriate, including verbal advice, progressing, if necessary, through written warnings, suspensions and finally discharge. Where circumstances warrant, steps within the progressive scale may be bypassed.
(a) Unless the right is waived by the Employee, a xxxxxxx shall be present whenever an Employee is given an official reprimand or is interviewed as part of a formal investigation. The Employee shall be informed of the reason for the meeting at its beginning. If a xxxxxxx is not present, the Employee will be given time to get a xxxxxxx to attend the meeting.
(b) Notwithstanding the foregoing, if the xxxxxxx is not available in an emergency situation, the Employer will permit the Employee an opportunity to contact an Employee Relations Officer prior to meeting. If neither xxxxxxx nor Employee Relations Officer are readily available, the employee will be given the opportunity to have another member of the bargaining unit present at the meeting.
16.03 When a formal review of an Employee’s performance is made, the Employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the Employee is to receive a signed copy to indicate that its contents have been read.
(a) The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action, any document from the file of an Employee, which was not brought to the attention of the Employee at or about the time of filing.
(b) Notice of a disciplinary action which may have been placed on the personnel file of an Employee may not be used in disciplinary action against an Employee and shall be destroyed after eighteen (18) months have elapsed since the disciplinary action was taken, provided that:
i. No further disciplinary action has been recorded during this period; or
ii. In the event of a serious disciplinary infraction, including harassment, discrimination or sexual related misconduct, four (4) years has elapsed since such disciplinary action was imposed.
(a) The Employer shall be responsible for keeping all personnel files of Employees confidential and only accessible to authorized representatives of the Employer. An Employee may make an appointment to review his/her personnel file during normal office hours in the Employer’s office, under the scrutiny of a representative of the Employer.
(b) The Employee shall be entitled to make a copy of any information contained in the personnel file. The Employee shall have the right to reply in writing to any document placed in their personnel file and such reply shall become a part of the Employee’s record. Information obtained by an employee who has completed probation that he Employee in this manner shall not be sufficient and justifiable notification of a letter of warning or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee criticism.
16.06 The Employer, with the Administrator or designate written authorization of the Employee, will copy and forward the Employee’s personnel file to the Union, within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availableUnion's request.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by 18.1 Excluding criminal matters, the Employer shall issue a written notice to an employee who has completed probation that he or she has been unjustly discharged with a copy to the Guild when the employee is the subject of a Standards Investigation. The notice shall be treated delivered within fourteen (14) days of when the investigation was authorized by the Chief of Police. The Department will be excused from the notification periods to the extent necessary if delivery is not physically possible or if notification within the timeframe may place another individual at risk of harm. Except as provided for in Article 9.1, the Guild shall have the right to appeal any discharge, suspension, or disciplinary action through the grievance procedure to determine whether or not the employee (excluding trial service employees) was disciplined, suspended or discharged for cause. If the employee is covered by Civil Service Rules, the disciplinary action can either be appealed to the Civil Service Commission or grieved under this Agreement, but not both.
18.2 When an employee is required by the Employer to attend a formal disciplinary interview, he/she may assert the employee’s Xxxxxxxxxx rights. The Guild representative shall not have the right to interfere with the investigation but shall be allowed to represent the employee(s) as may be required under RCW 41.56. Formal discipline shall mean written reprimand, suspension without pay, demotion, or discharge.
18.3 Before a formal disciplinary interview conducted by the Employer, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall require the Employer to disclose any information that would compromise the investigation
18.3.1 Any formal disciplinary interview of an employee shall be at a reasonable hour, preferably when the employee is scheduled to be on duty, unless the exigencies of the investigation dictate otherwise.
18.3.2 Any formal disciplinary interview of an employee shall take place at the City Police Department, except when impractical.
18.3.3 The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary.
18.3.4 The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received guise to attempt to obtain his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administratorresignation.
10:02 It is agreed that the Chairperson 18.3.5 The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of the Union Committee will be notified immediately on the dismissal of an continued employment.
18.3.6 The Department may, and upon request will, tape record any formal disciplinary interview. An employee in the bargaining unit. Should the Chairperson not be available at the timemay receive, upon request, a copy of the letter or notice employee’s taped/transcribed (if made) interview.
18.3.7 Where reasonably possible, discipline shall be given to a Committeeperson who is availableimposed within 60 days of the Police Chief’s decision.
10:03 18.3.8 The parties will work in good faith in resolving issues that arise through implementation of this Article.
18.4 In the event the Employer initiates a Police Department (Chapter 14) Policies pertaining to disciplinary action against an employee that results in the suspension or discharge of the employeecomplaint and internal investigation procedures are proposed to be amended, the following procedure shall be followed:
(a) The employee shall Guild will be notified in writing, of such proposal. Department and Guild representatives may meet to discuss the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeamendment as required by law.
(b) In the event the 18.5 The Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has retains the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly require employees to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given submit to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity medical and/or psychological examinations whenever reasonable question exists as to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When whether an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by can perform job-related functions and/or for safety reasons. This provision does not limit the Employer’s representative when given notice of the interview, and will be advised right to have her Union representative present. The interview will not begin require medical and/or psychological examinations as otherwise permitted or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeerequired by law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by The Employer reserves the right to discipline, suspend or discharge Employees for just cause. Whenever the Employer deems it necessary to censure an employee who has completed probation that he or she has been unjustly discharged shall be treated as Employee in a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed manner indicating that the Chairperson of Employee’s performance and/or behavior is unacceptable and that formal disciplinary action may follow if such Employee fails to bring the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given Employee’s performance and/or behavior up to a Committeeperson who is available.
10:03 In the event the Employer initiates required standard by a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problemdate, the Employer shall notify the employee in writing give written particulars of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise such. censure to the complaint. This notice shall include particulars of the work performance which led Employee involved with a copy to the complaint.
(c) The letter or form given Union. A meeting for disciplinary purposes shall be understood. to the employee shall state the complaint or appraisal of results and contain on the bottom thereof mean a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place meeting convened for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 purpose of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspensiona suspension or the dismissal of an Employee, dismissal or other that such action may follow. The Employee has the right to have a union representative present for such a meeting. Any demotion, suspension or discharge of an Employee: shall be in writing and contain the reason for such action. The Employee and the Union shall be provided with a copy of such written disciplinary action action.. An Employee may make an appointment for a meeting with the Coordinator of Labour Relations to an employee.review the Employee’s personnel file Such appointment shall be during normal Employer office hours. The Employee shall be entitled, to make a copy of any information contained in the personnel file. Further, the Employee shall have the right to reply in writing to any document placed in personnel file and such reply shall become a part of the Employee’s record. Records of any discipline shall be removed from the Employee’s file if, within the subsequent eighteen (18) months, there has been no further discipline of the same or of a similar nature. An Employee who normally operates a motor vehicle in the course of
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 11.01 The Employer will notify and supply the Union and the employees in writing simultaneously with a copy of any disciplinary or warning letter within five (5) working days of the Employer having knowledge of the act in question.
11.02 Any grievance resulting from a disciplinary or warning letter shall be processed through the Grievance Procedure as outlined in Article 9.
11.03 The Employer will notify the union and the employee simultaneously in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension giving the name of the employee concerned and the reason for the discharge or suspension.
(a) A claim by an employee who has completed probation that he they have been discharged or she has been unjustly discharged suspended without just cause shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed Executive Director within five (5) working days after notice the discharge or suspension, or within five (5) working days after the Union has been notified, whichever is later.
(b) Such grievance may be settled by confirming the Employers action or by reinstating the employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the discharge was givenconferring parties or by the Arbitrator.
10:05 Only those disciplinary notices that result 11.05 An employee shall have the right upon giving three (3) days notice in a suspension will remain on an employees writing to have access to and review their personnel file for a period during the regular office working hours and shall have the right to respond in writing to any document contained therein. Such reply shall become part of fifteen (15) months. All other disciplinary noticesthe permanent record.
11.06 Any letters of reprimand, suspension or any written or verbal warnings or statements will shall be removed and given to from the employee employee's file after a period the expiration of twelve sixteen (1216) months from the date of it was issued, provided that there have been no other reprimands given regarding the infractionsame in the sixteen (16) month period. Once any reprimand has been removed from an employee's file it can no longer be used against this employee in any way.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It 11.07 Performance related information which is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s 's file must will be copied reviewed and signed by the employee for purposes of confirmation that the discussion took place only.
11.08 A discipline matter, which has been resolved or modified, through the grievance procedure will not be replaced with a Letter of Expectation unless the parties agree to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeesuch remedy for that specified incident.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 8.01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee with the Administrator or designate within five fourteen (514) calendar days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 Administrator or designate at Step No. 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer’s action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co- worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 days. The parties agree that abuse of staff, including threatening behavior, must be addressed. There will be no reprisal for the good faith lodging of a complaint by a staff member about such abuse or the participation by a staff member in an investigation with respect to such complaint. Abuse or threatening behavior by residents may include, but is not limited to physical abuse, psychological abuse, emotional abuse and sexual abuse. The parties agree that the Long-Term Care/Retirement Home environment houses residents who, through no fault of their own, may exhibit aggressively abusive behavior and actions that may be unwelcome to staff. In order to balance those behaviours to the benefit of both the residents and the staff, the parties agree to the following: The parties agree that if incidents involving aggressive resident's action occur, such action will be recorded and reviewed at the Occupational Health and Safety Committee. Reasonable steps within the control of the Employer will follow to address the legitimate health and safety concerns in that forum. The parties further agree that suitable subjects at the Joint Labour Management Committee will include aggressive residents. If an employee is faced with abuse from a resident it may be necessary for the employee to leave the threatening situation and immediately notify his or her Supervisor who will assess the situation and give further direction. It is agreed that no employee will be required to work one-on-one in a situation in which the Chairperson actions of the Union Committee resident at that time directly put the employee at risk of physical harm, until a satisfactory resolution has been reached. Incidents of abusive and threatening behaviour by a resident will be notified immediately documented on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty resident's chart with a copy given view to the Chairperson, if the penalty is a suspensionexamine and modify care approaches and interventions by staff. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event The parties understand that the Employer is dissatisfied with required to make every effort to provide appropriate care to residents who are abusive before it makes any representation for psychiatric intervention. Notwithstanding the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signingforegoing, the employee shall have is required to consider the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 safety of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was givenresident before disengaging or withholding care on a one-on- one basis.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 10.01 The right to discipline, demote, suspend or discharge an Employee for cause rests with the Employer. A claim progressive system of discipline will be used, where appropriate, including verbal warning and, if necessary, written warnings, suspensions and finally discharge. Where the severity of the circumstances warrant, steps in the progressive scale may be bypassed.
(a) Unless the right is waived by the Employee, a xxxxxxx shall be present whenever an Employee is given a verbal or written warning, a disciplinary suspension or is discharged. The Employee shall be informed of the reason for the meeting at its beginning. If a xxxxxxx is not readily available, the Employee will be given time to get a xxxxxxx to attend the meeting.
(b) Notwithstanding the foregoing, if the xxxxxxx if not available in an emergency situation, the Employer will permit the Employee an opportunity to contact an Employee Relations Officer prior to the meeting. If neither the xxxxxxx nor an Employee Relations Officer is readily available, the Employee will be given the opportunity to have another member of the Bargaining Unit present.
10.03 When a formal review of an Employee’s performance occurs, the Employee shall be given an opportunity to discuss, sign and make written comments on the review form and the Employee is to receive a signed copy of the form. The purpose of the signature is to confirm that the employee who has completed probation that he or she read the contents of the form.
(a) The Employer will not introduce as evidence in a hearing relating to disciplinary action, any document from the file of an Employee, which was not brought to the attention of the Employee at the time of the filing.
(b) Notice of disciplinary action which may have been placed on the personnel file of an Employee may not be used in disciplinary action against an Employee after eighteen (18) months have elapsed since the disciplinary action was taken, provided that:
(i) No further disciplinary action has been unjustly discharged recorded during this period; or
(ii) In the event of a proven serious disciplinary infraction, including harassment, discrimination or sexual related misconduct, three (3) years has elapsed since such disciplinary action was imposed.
10.05 An Employee may make an appointment to review his/her personnel file during normal office hours in the Employer’s office, under the scrutiny of a representative of the Employer. The Employee shall be treated as entitled to make a copy of any information contained in the personnel file. Personnel files may be accessed by persons authorized to do so by the General Manager or pursuant to this Collective Agreement in a confidential manner.
10.06 Where an Employee has filed a grievance if a written statement of such discharge that is lodged by proceeding to arbitration, the employee Employer, with the Administrator or designate written authorization of the Employee, will copy and forward the Employee’s personnel file to the Union, within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by of getting a written request from the Union at a special meeting with the Administratorto do so.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 10.01 The Employer will discipline suspend or dismiss Employees only for just cause. The burden of proof of just cause will rest with the Employer. The Employer recognizes the value of progressive discipline and where appropriate will provide Employees with verbal and/or written warnings and recommendations for improvement before pursuing more serious disciplinary action.
10.02 An Employee who is to be interviewed by the Employer on a matter of discipline or an employee who has completed probation investigation that he could result in discipline, the Employee will be given the opportunity to be accompanied by a Union Xxxxxxx or she has been unjustly discharged other Union representative.
10.03 The Employer shall provide the Employee and Union with reasonable advance notice in writing of the interview. The notice shall include the purpose, time and place of the interview. Prior to the start of the interview, the Employer shall provide copies of complaints or documentation of the allegations, which may be redacted to exclude personal information, for the Employee and Unions immediate review.
10.04 Employees shall be treated as advised in writing when disciplinary action is taken against them. The reasons for such action and a grievance if a written statement copy of such discharge is lodged by correspondence will be placed on the employee with Employee's personnel file and a copy shall be sent to the Administrator or designate Employee. A copy shall be sent to the Union within five (5) days after of the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administratordisciplinary action being taken.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson 10.05 An Employee who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee been disciplined shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period purged of letters of counsel or records of discipline after fifteen (15) monthsmonths of continuous work without extended leave providing that during the period no further records of discipline have been issued. All other disciplinary noticesIf there has been an extended leave, warnings or statements the time period will be removed and given to extended by the employee after a period amount of twelve (12) months from the date time of the infractionleave. Employees shall receive copies of any records of discipline.
10:06 An employee shall, 10.06 No disciplinary documents from a personnel file shall be relied upon written request, be granted or entered as evidence in any grievance or arbitration proceeding unless the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview Employee and the subject Union have received a copy in accordance with Article 10.04 of this Agreement. Employees shall have the interview is disciplineright to reply in writing to such complaints, the employee will be so informed by the Employer’s representative when given notice accusation or expression of the interview, dissatisfaction and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy their reply shall become part of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeetheir record.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 9.01 An employee may be suspended or discharged but only for just cause. Prior to the imposition of a suspension or discharge, an employee shall be given the reasons therefore in the presence of his or her xxxxxxx or Union representative. Such employee and the Union Secretary shall be advised promptly in writing by the Employer of the reason for such suspension or discharge.
9.02 Whenever the Employer decides to discipline an employee by way of a written reprimand indicating that suspension or discharge may follow any further infraction or may follow if such employee fails to bring his/her work up to a required standard by a given date, the Employer shall, within ten (10) working days thereafter, give a copy of the written reprimand to the employee involved and to the Secretary of the Union. Where a period of time is designated for improvement of work performance the Employer shall notify the employee whether or not the employee has met the required improvement within the designated time frame.
9.03 The Employer shall notify an employee in writing of any expression of dissatisfaction concerning his/her work within ten (10) working days of the event or the complaint. Such notice will be placed on the individual's personnel file. This notice shall include particulars of the work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become part of his/her record for use against him/her in regards to discharge, discipline, promotion, demotion, or other related matters. The employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of his/her record. The record of any employee shall not be used against him/her at any time after twenty-four (24) months of active service following a suspension or disciplinary action, including letters of reprimand. After twenty-four (24) months, such record shall be destroyed at the request of the employee.
9.04 In the event that an employee who has completed probation his/her probationary period believes that he or he/she has been unjustly discharged or suspended without just cause, such discharge or suspension shall constitute a matter to be dealt with under the terms and conditions of the Grievance Procedure and outlined in Article 7.03 of this Agreement. Such grievances may be instituted at Step 2 of the Grievance Procedure. Such grievances may be settled by:
(a) confirming the Employer's action in discharging or suspending the employee;
(b) reinstating the discharged or suspended employee with full compensation for time lost;
(c) any other arrangement which is just and equitable in the opinion of the conferring parties. In the event a discharge or suspension grievance proceeds to arbitration, the Board of Arbitration shall be treated as a grievance empowered to substitute any other action or remedy which it deems just and reasonable if a written statement it does not confirm the action of such discharge is lodged by the Employer, and shall have all powers pursuant to Section 48 of the Labour Relations Act, 1995.
9.05 An employee with shall have the Administrator or designate within five (5) days after the employee has received right to have access to review his/her discharge noticepersonnel file under the supervision of management provided that such employee has given one (1) working day's notice to the Manager of Human Resources or his/her designate to review such file. Such grievance An employee may submit additional or new information in writing concerning courses taken, workshops attended, voluntary activities or work experiences that will enhance his/her professional development and this information shall be taken up by included in the Union at a special meeting with the Administratoremployee's personnel file.
10:02 It is agreed 9.06 Both parties agree that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee is considered innocent until proven guilty. Therefore, in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results who has completed his/her probationary period and which may result in the suspension or discharge of the employee, the following procedure shall be followed:.
(a) 9.07 The employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Secretary- Treasurer of the penalty is a suspensionUnion. If the penalty is discharge then only the Union (President or The employee shall continue his/her designate) need be notified in addition to the employee.
(b) In the event employment with all rights and benefits while the Employer is dissatisfied processes a grievance with the work of an employee and correction discussion has not resolved the problemUnion Grievance Committee, the Employer which shall notify the employee in writing of the dissatisfaction concerning his/her work render a decision within five (5) working days when becoming aware of days. Should the incident giving rise to dispute not be resolved by the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signingGrievance Procedure, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view continue his/her personnel file. It is understood that such employment with all rights and privileges, unless an Arbitration Board upholds the Employer's request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, discipline the employee will be so informed by in the Employer’s representative when given notice of manner outlined in the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeenotice.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by
12:01 Written warnings given to employees shall be removed from the employee's file and shall not be used against an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with has not been the Administrator subject of any disciplinary action for a period of eighteen (18) months after the date of the written warning.
12:02 Whenever the employer deems it necessary to censure an employee in a manner indicating that dismissal may follow any repetition of the act complained of or designate omission referred to, or may follow if such employee fails to bring her/his work up to a required standard by a given date, the employer shall, within five (5) days after thereafter, give written particulars of such censure to the local President of the union, with a copy to the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administratorinvolved.
10:02 It is agreed that 12:03 An employee who has completed her/his probationary period may be dismissed but only for just cause and only upon the Chairperson authority of the Union Committee will be notified employer. A senior management staff member may suspend an employee, but shall immediately on report such action to the dismissal of employer. When an employee in the bargaining unit. Should the Chairperson not be available at the timeis discharged or suspended, a copy of the letter or notice he shall be given the reason in the presence of her/his union representative. Such employee and the union shall be advised promptly in writing by the employer of the reason for such discharge or suspension.
12:04 An employee considered by the union to be wrongfully or unjustly discharged or suspended shall be entitled to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employeehearing under Article 9, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspensionGrievance Procedure. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the sameSteps 1, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must shall be presented omitted in writing, dated, and signed within five (5) working days after notice of the discharge was givensuch cases.
10:05 Only those disciplinary notices 12:05 Upon investigation, should it be found that result an employee has been unjustly suspended or discharged, such employee shall be immediately re-instated in a suspension will remain on an employees personnel file for a period her/his former position, without loss of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the partiesseniority. The employee shall be compensated in an amount equal to her/his normal earnings during the pay period next proceeding such discharge or suspension for all time lost, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties, or in the opinion of a Board of Arbitration, if the matter is referred to such a Board.
12:06 In the event that any employees of the employer, other than those covered by this Agreement, engage in a strike or where employees in a labour dispute engage in a strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines.
12:07 Upon prior appointment with Human Resources, employees may have a Committeeperson present review their personnel file in the presence of their supervisor or designate. An employee, while viewing their reviewing the personnel file, if requested.
10:07 The Union Chairperson or shall be permitted to make a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeedocument therein.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 11.01 In the event the Employer initiates a disciplinary action against an employee that results who has completed his probationary period and which may result in the suspension or discharge of the employee, the following procedure shall be followed:.
(a) 11.02 In cases of discharge, the burden of proof of just cause shall rest with the Employer. The employee burden of proof in cases of discipline and suspension also rests with the Employer. Evidence shall be notified limited to the grounds stated in writingthe discharge or discipline notice to employees.
11.03 Whenever the Employer or his authorized agent deems it necessary to censure an employee in a manner indicating that dismissal may follow any further infraction or may follow if such employee fails to bring his work up to a required standard by a given date, the Employer shall, within ten (10) days thereafter give written particulars of such censure to the Vice-President of the action and/or penalty Union, with a copy given to the Chairpersonemployee involved, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to and such written particulars shall form part of the employee's record unless it is removed through the grievance procedure.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the 11.04 The Employer shall notify the an employee in writing of the any expression of dissatisfaction concerning his/her his work within five fifteen (515) working days when becoming aware of the incident giving rise event of the complaint, with a copy to the complaintVice-President of the Union. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to signsuch dissatisfaction. The employee employee's written reply to such complaint, accusation or expression of dissatisfaction shall sign the become part of his record. Any letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation of discipline in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees employee's personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of over twelve (12) months old shall not be used as supportive evidence to justify a current discharge or discipline, and shall be removed from the date Employee’s file, provided the employee has been discipline free during the twelve (12) month period.
11.05 A claim by an employee who has completed the probationary period that he has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Chief Executive Officer at Step No. 2 of the infractionGrievance Procedure within two (2) working days after the employee ceases working for the Employer. Such special grievances may be settled by:
(a) confirming the Management's action in dismissing the employee; or
(b) reinstating the employee with full compensation for time lost; or
(c) any other arrangement which is just and equitable in the opinion of the conferring parties; or
(d) proceeding to arbitration.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When 11.06 Where an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed considered by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must wrongfully or unjustly discharged by the Employer a grievance may be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employeefiled at Step 3.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 14.01 It is understood that in the event that a representative of the Union employed by an employee DARTS is not available, the Employer shall contact the CUPE Local 5167 office and advise that there is no representative available and the reason why. The local union shall ensure that there is a representative made available from the local union office to meet with the Employer and the employee.
14.02 An Employee who has completed probation his/her probationary period may be dismissed, but only for just cause. When an Employee is discharged or suspended, he/she shall be given the reason in the presence of his/her Xxxxxxx. Such an Employee and the Union shall be advised promptly in writing by the Employer, of the reason for such discharge or suspension.
14.03 An Employee, who has completed his/her probationary period and considers that he or he/she has been wrongfully or unjustly discharged or suspended, shall be treated as entitled to file a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge noticecommencing at Step No. Such grievance 2. All other discipline grievances will be taken up by the Union commence at a special meeting with the AdministratorStep. No.
10:02 It is agreed that 1. Employees who have completed the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson probationary period shall not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availabledisciplined except for just cause.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee 14.04 An Employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the any expression of dissatisfaction concerning his/her work within five twenty (520) working days when becoming aware of the incident giving rise to the Employer's receipt of complaint. This notice shall include particulars of the work performance which that led to such dissatisfaction. In the complaint.
(c) The event that the Employer requires additional time to investigate the complaint the Employer shall send a letter or form given to the employee shall state Executive Administrator of CUPE Local 5167 confirming an extension and the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samereason for such extension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall also be given sent to her. Prior to signingthe 1sr Vice-President and Unit Vice President.
14.05 All disciplinary notations on an Employee's record shall be removed after eighteen (18) months provided that the Employee has remained disciplined free in the previous twelve
14.06 Notwithstanding the foregoing, the employee Employer may suspend the services of an Employee without notice, if in the judgment of Management; the cause of the suspension endangers the safety of the passengers or the vehicle.
14.07 In the event that any Employees of the Employer, other than those covered by this Agreement, engage in a strike or where Employees in a labour dispute engage in a strike and maintain picket lines, the Employees covered by this Agreement shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a)refuse to cross such picket lines. Failure to cross such a picket line by members of this union shall not be considered a violation of this Agreement, (b) or (c) abovenor shall it be grounds for disciplinary action.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 16.01 The right to discipline, demote, suspend or discharge Employees for cause rests with the Employer. A claim progressive system of discipline will be used, where appropriate, including verbal advice, progressing, if necessary, through written warnings, suspensions and finally discharge. Where circumstances warrant, steps within the progressive scale may be bypassed.
(a) Unless the right is waived by the Employee, a xxxxxxx shall be present whenever an Employee is given an official reprimand or is interviewed as part of a formal investigation. The Employee shall be informed of the reason for the meeting at its beginning. If a xxxxxxx is not present, the Employee will be given time to get a xxxxxxx to attend the meeting.
(b) Notwithstanding the foregoing, if the xxxxxxx is not available in an emergency situation, the Employer will permit the Employee an opportunity to contact an Employee Relations Officer prior to meeting. If neither xxxxxxx nor Employee Relations Officer are readily available, the employee will be given the opportunity to have another member of the bargaining unit present at the meeting.
16.03 When a formal review of an Employee’s performance is made, the Employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the Employee is to receive a signed copy to indicate that its contents have been read.
(a) The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action, any document from the file of an Employee, which was not brought to the attention of the Employee at or about the time of filing.
(b) Notice of a disciplinary action which may have been placed on the personnel file of an Employee may not be used in disciplinary action against an Employee after two (2) years have elapsed since the disciplinary action was taken, provided that:
i. No further disciplinary action has been recorded during this period; or
ii. In the event of a serious disciplinary infraction, including harassment, discrimination or sexual related misconduct, five (5) years has elapsed since such disciplinary action was imposed.
(a) The Employer shall be responsible for keeping all personnel files of Employees confidential and only accessible to authorized representatives of the Employer. An Employee may make an appointment to review his/her personnel file during normal office hours in the Employer’s office, under the scrutiny of a representative of the Employer.
(b) The Employee shall be entitled to make a copy of any information contained in the personnel file. The Employee shall have the right to reply in writing to any document placed in their personnel file and such reply shall become a part of the Employee’s record. Information obtained by an employee who has completed probation that he Employee in this manner shall not be sufficient and justifiable notification of a letter of warning or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee criticism.
16.06 The Employer, with the Administrator or designate written authorization of the Employee, will copy and forward the Employee’s personnel file to the Union, within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availableUnion's request.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or she has had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Facilities Manager within five (5) days after the employee Employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer initiates a disciplinary action against an employee that results Employee and which may result in the suspension or discharge of the employeeEmployee, the following procedure shall be followed:.
(a) 7.03 The employee Employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Business Agent of the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeUnion.
(b) 7.04 In the event the Employer is dissatisfied with the work of an employee Employee and correction corrective discussion has not resolved the problem, the Employer shall notify the employee Employee in writing of the dissatisfaction concerning his/her his work within five ten (510) working days when becoming aware of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee’s record.
(c) 7.05 The letter or form given to the employee record of an Employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall not be given to her. Prior to signing, the employee shall have the opportunity to write used against him/her comments.
(d) The employee has the right to Union Representation in at any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlayoff.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her personnel file. It .
7.07 An Employee subject to discipline shall have the right to the presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their filebeing taken, if requestedhe/she so wishes.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 7.01 A claim by an employee who has completed probation a non-probationary Employee that he or she has had been unjustly discharged shall be treated as a grievance if a written statement of such discharge grievance is lodged by the employee Employee with the Administrator or designate Facilities Manager within five (5) days after the employee Employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the AdministratorDirector of Human Resources.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 7.02 In the event the Employer initiates a disciplinary action against an employee that results Employee and which may result in the suspension or discharge of the employeeEmployee, the following procedure shall be followed:.
(a) 7.03 The employee Employee shall be notified in writing, writing of the action and/or penalty penalty, with a copy given to the Chairperson, if Business Agent of the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employeeUnion.
(b) 7.04 In the event the Employer is dissatisfied with the work of an employee Employee and correction corrective discussion has not resolved the problem, the Employer shall notify the employee Employee in writing of the dissatisfaction concerning his/her his work within five ten (510) working days when becoming aware of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee’s record.
(c) 7.05 The letter or form given to the employee record of an Employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall not be given to her. Prior to signing, the employee shall have the opportunity to write used against him/her comments.
(d) The employee has the right to Union Representation in at any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days time after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the date period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of the infractionlay off.
10:06 7.06 An employee shall, Employee shall upon written request, request to the Director of Human Resources be granted the opportunity to view his/her personnel file.
7.07 An Employee subject to discipline shall have the right to the presence of a Union Xxxxxxx or Business Agent of the Union at the time the disciplinary action is being taken, if he/she so wishes.
7.08 Employees may only smoke during their designated lunch break and fifteen (15) minute coffee breaks. It is understood that such request Employees, not including Stage Door Guards on the afternoon and night shifts, who take additional breaks, will be granted within seven (7) days or at a time mutually agreed subject to by the parties. The employee may have a Committeeperson present while viewing their file, if requesteddiscipline.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim 14.01 It is understood that in the event that a representative of the Union employed by an employee DARTS is not available, the Employer shall contact the CUPE Local 5167 office and advise that there is no representative available and the reason why. The local union shall ensure that there is a representative made available from the local union office to meet with the Employer and the employee.
14.02 An Employee who has completed probation his/her probationary period may be dismissed, but only for just cause. When an Employee is discharged or suspended, he/she shall be given the reason in the presence of his/her Xxxxxxx. Such an Employee and the Union shall be advised promptly in writing by the Employer, of the reason for such discharge or suspension.
14.03 An Employee, who has completed his/her probationary period and considers that he or he/she has been wrongfully or unjustly discharged or suspended, shall be treated as entitled to file a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge noticecommencing at Step No. Such grievance 2. All other discipline grievances will be taken up by the Union commence at a special meeting with the AdministratorStep. No.
10:02 It is agreed that 1. Employees who have completed the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson probationary period shall not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is availabledisciplined except for just cause.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee 14.04 An Employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the any expression of dissatisfaction concerning his/her work within five fifteen (515) working days when becoming aware of the incident giving rise to the Employer's receipt of complaint. This notice shall include particulars of the work performance which that led to such dissatisfaction. In the complaint.
(c) The event that the Employer requires additional time to investigate the complaint the Employer shall send a letter or form given to the employee shall state Executive Administrator of CUPE Local 5167 confirming an extension and the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the samereason for such extension, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall also be given sent to herthe 1ST. Prior to signing, the employee shall have the opportunity to write her commentsVice-President and Unit Vice President.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those 14.05 All disciplinary notices that result in a suspension will remain notations on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will Employee’s record shall be removed and given to after eighteen (18) months provided that the employee after a period of Employee has remained disciplined free in the previous twelve (12) months from months.
14.06 Not withstanding the date foregoing, the Employer may suspend the services of an Employee without notice, if in the judgment of Management; the cause of the infractionsuspension endangers the safety of the passengers or the vehicle.
10:06 An employee shall, upon written request, be granted 14.07 In the opportunity to view his/her personnel file. It is understood event that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject any Employees of the interview is disciplineEmployer, other than those covered by this Agreement, engage in a strike or where Employees in a labour dispute engage in a strike and maintain picket lines, the employee will Employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by members of this union shall not be so informed by the Employer’s representative when given notice considered a violation of the interviewthis Agreement, and will nor shall it be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other grounds for disciplinary action to an employeeaction.
Appears in 1 contract
Samples: Collective Agreement
