Common use of DISCHARGE, SUSPENSION AND DISCIPLINE Clause in Contracts

DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer deems it necessary to censor an employee in a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief Xxxxxxx of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is given the reason in the presence of a Union Xxxxxxx and is subsequently thereafter promptly advised, in writing, by the Employer of the reason for such discharge or suspension. 12.03 Any employee who alleges that he/she has been wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked. 12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her former position without loss of the seniority and shall receive such compensation for time lost as is determined to be just and equitable in the opinion of the parties or in the opinion of the single arbitrator if the matter is referred to such a Board.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever (a) An employee subject to disciplinary action which is to be recorded in the Employer deems it necessary employee's personnel file, shall have the right, if she so desires, to censor the presence of the Union Xxxxxxx or, if not available, a member representative of the employee's choice who is working on the current shift. In the case of discharge or suspension, the employee shall be informed of her rights in advance. (b) A copy of the recorded disciplinary action in (a) above shall be forwarded to the Secretary of the Union as soon as possible. (c) Upon evaluation of performance, each employee will be given, if requested, a copy of their signed report. There shall be no charge to the employee. 9.02 An employee, who has completed his probationary period, may be discharged or suspended but only for just cause. When an employee in a manner indicating that dismissal may follow any repetition of any act complained of is discharged or omission referred tosuspended, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief Xxxxxxx of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is he shall be given the reason in the presence of a his Xxxxxxx, and such employee and the Union Xxxxxxx and is subsequently thereafter promptly advisedshall be advised promptly, in writing, by the Employer of the reason for such discharge or suspension. 12.03 Any 9.03 A non-probationary employee who alleges that he/she has been considered by the Union to be wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – the Grievance Procedure, in which case Procedure - Step No.’s 1 and 2 l of the Grievance Procedure shall be omitted and Step No. 3 invokedin such cases. 12.04 9.04 Should it be found in accordance with the grievance procedure or the arbitration procedure found, upon investigation, that an employee has been unjustly suspended or discharged, such an employee shall immediately be immediately reinstated in his/her his former position without loss of the seniority seniority, and shall receive such compensation be compensated for all time lost as in a manner which is determined to be just and equitable in the opinion of the parties parties, or in the opinion of the single arbitrator Board of Arbitration, if the matter is referred to such a Board.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever An employee may be suspended or dismissed for just cause. Such employee and the Employer deems it necessary to censor an employee Union shall be advised promptly in a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief Xxxxxxx of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is given the reason in the presence of a Union Xxxxxxx and is subsequently thereafter promptly advised, in writing, writing by the Employer of the reason for such discharge dismissal or suspension. 12.02 Just cause shall not include the refusal of an employee to cross the picket line of a legal strike maintained at the premises of the Employer. 12.03 Any A claim by an employee who alleges that he/she he has been wrongfully or unjustly discharged or suspended for other than just and proper cause shall be entitled treated as a special grievance and may be submitted directly to a hearing the Department Head or person holding an equivalent position under Step 1 of Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked10.03. 12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure upon investigation that an employee has been unjustly suspended or discharged, discharged for other than just cause such employee shall be immediately reinstated in his/her his former position position, without loss of the seniority rating, and shall receive such compensation be compensated for all time lost in an amount equal to his normal earnings during the pay period next preceding such discharge or suspension, or by any other arrangement as to compensation which is determined to be just and equitable in the opinion of the parties Employer and the Union or in the opinion of the single arbitrator Board of Arbitration if the matter is referred to such a BoardBoard of Arbitration. (a) All warning and reprimand letters shall be considered as a form of discipline and shall be subject to the provisions of the Grievance Procedure. (b) The Employer agrees all employees will have access to their personnel files. Employees may respond in writing to any report on their personnel file, and such response will become part of the file. (c) All letters of discipline and reprimand shall be removed from an employee's file after 24 months providing there have been no further similar occurrences.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer Area Supervisor deems it necessary to censor warn an employee of any misdemeanor in a manner indicating that dismissal disciplinary action may follow any repetition of any act complained of or omission referred tofollow, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, he shall immediately give written particulars of such censor warning to the employee involved with Chief Xxxxxxx and a copy to the Chief Xxxxxxx employee involved. A permanent employee may be dismissed only for just cause and only upon the authority of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for causeBoard, provided that such as invested in the Area Supervisor. When an employee is discharged or suspended, he shall be given the reason in the presence of a the Chief Xxxxxxx, and the Chairman of the Grievance Committee and the Secretary of the Union Xxxxxxx and is subsequently thereafter promptly advised, shall immediately be advised in writing, writing by the Employer employer of the reason for such discharge or suspension. 12.03 Any suspension and a copy for- warded to the employee involved. It being understood that the release of a probationary employee will not be subject to the Grievance Procedure, a claim by an employee who alleges has completed his probationary period that he/she he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Business at Step No. within three working days after the discharge or suspension is affected. An employee wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked. 12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her his former position position, without loss of the seniority seniority, and shall receive such compensation be compensated for all time lost as and benefits lost, at the rates for his position prevailing at the time of reinstatement, except where a lesser penalty is determined to be just and equitable justified, in the opinion of the parties or in the opinion of the single arbitrator a Board of Arbitration, if the matter is referred to such a Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever 11.01 When an employee(s) is discharged or suspended, the Employer deems it necessary to censor an Supervisor will immediately notify the department Xxxxxxx. Such discharged or suspended employee in shall be permitted a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring private interview with his/her work up Xxxxxxx or one (1) of the Grievance Committee members before leaving the Company's premises. 11.02 An employee who may feel unjustly suspended, or discharged shall have the right of appeal by way of the grievance procedure, starting at Step 2 of the grievance procedure. The grievance of an employee who is discharged or suspended, must be presented in writing to the standard required Human Resource Manager, or his/her representative, by the Employer by a given date, griever and/or the Employer shall, within five department Xxxxxxx with ten (510) working days thereafter, give written particulars after receipt of such censor to the employee involved with a copy to the Chief Xxxxxxx notice of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is given the reason in the presence of a Union Xxxxxxx and is subsequently thereafter promptly advised, in writing, by the Employer of the reason for such discharge or suspension. 12.03 Any employee who alleges that he/she has been wrongfully or unjustly discharged or suspended (a) No warning letter shall be entitled to used against an employee after a hearing under Article 9 – Grievance Procedureperiod of nine (9) months has elapsed unless the employee shall within that period have been issued a further warning letter regarding a similar or related offense. However, in which the case of a discharge, the complete record of an employee dating back for twelve (12) months may be considered provided that such record is made available to the Union at the time of Step No2 meeting referred to in Section 11.02 above.’s 1 and 2 (b) Whenever a notice of disciplinary action is issued to an employee, copies shall be omitted given to the department Xxxxxxx and Step No. 3 invoked. 12.04 Should it be found in accordance with the grievance procedure Union President or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her former position without loss of alternate on the seniority and shall receive such compensation for time lost as day the notice is determined to be just and equitable in issued, provided the opinion of the parties Union representatives are available at that time, or in the opinion of the single arbitrator if the matter is referred to such a Boardwhen they are available.

Appears in 1 contract

Samples: Collective Agreement

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DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer deems it necessary to censor an employee in a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief Xxxxxxx 11.01 After completion of the Union. 12.02 The Employer probation period, an Employee with tenure may dismiss any employee be suspended or suspend any employee dismissed for just cause, provided that such employee is given . Such Employee and the reason Union shall be advised promptly in the presence of a Union Xxxxxxx and is subsequently thereafter promptly advised, in writing, writing by the Employer of the reason for such discharge dismissal or suspension. 12.03 Any employee who alleges 11.02 Just cause shall not include the refusal of an Employee to cross the picket line or a legal strike maintained at the premises of the Employer or at the premises of another Employer with whom the Employer is conducting business. 11.03 A claim by an Employee that he/she he has been wrongfully or unjustly discharged or suspended for other than just and proper cause shall be entitled treated as a special grievance and may be submitted directly to a hearing the Department Head or person holding an equivalent position under Step 2 of Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked9.04. 12.04 11.04 Should it be found in accordance with the grievance procedure or the arbitration procedure upon investigation that an employee Employee has been unjustly suspended or discharged, such employee Employee shall be immediately reinstated in his/her former position position, without loss of the seniority rating, and shall receive such compensation be compensated for all time lost in an amount equal to his/her normal earnings during the pay period next preceding such discharge or suspension, or by any other arrangement as to compensation which is determined to be just and equitable in the opinion of the parties Employer and the Union or in the opinion of the single arbitrator Arbitrator, if the matter is referred to such Arbitration. 11.05 a) All warning and reprimand letters shall be considered as a Boardform of discipline and shall be subject to the provisions of the Grievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer Chief Custodian deems it necessary to censor warn an employee of any misdemeanor in a manner indicating that dismissal disciplinary action may follow any repetition of any act complained of or omission referred tofollow, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, he shall immediately give written particulars of such censor warning to the employee involved with Chief Xxxxxxx and a copy to the Chief Xxxxxxx employee involved. A permanent employee may be dismissed only for just cause and only upon the authority of the Union. 12.02 The Employer may dismiss any employee or suspend any employee for causeBoard, provided that such as vested in the Chief Custodian. When an employee is discharged or suspended, he shall be given the reason in the presence of a the Chief Xxxxxxx, and the Chairman of the Grievance Committee and the Secretary of the Union Xxxxxxx and is subsequently thereafter promptly advised, shall immediately be advised in writing, writing by the Employer employer of the reason for such discharge or suspension. 12.03 Any suspension and a copy for- warded to'the employee involved. It being understood that the release of a probationary employee will not be subject to the Grievance Procedure, a claim by an employee who alleges has completed his probationary period that he/she he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Business at Step No. within three working days after the discharge or suspension is affected. An employee wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked. 12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her his former position position, without loss of the seniority seniority, and shall receive such compensation be compensated for all time lost as and benefits lost, at the rates for his position prevailing at the time of reinstatement, except where a lesser penalty is determined to be just and equitable justified, in the opinion of the parties or in the opinion of the single arbitrator a Board of Arbitration, if the matter is referred to such a Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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