Common use of DISCHARGE & SUSPENSION CASES Clause in Contracts

DISCHARGE & SUSPENSION CASES. 9.1 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his committeeperson or xxxxxxx, provided that a committeeperson or xxxxxxx is available at work on the shift in question, in a private area designated by the Employer before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to the suspension or discharge, to require the immediate expulsion of the employee from the plant premises. 9.2 An employee who has completed the probationary period and who is suspended or discharged may file a grievance at Step 2 of the Grievance Procedure within five working days after such discharge or suspension. 9.3 Where a grievance which is filed under Article 9.2 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling, subject to this Article and to Article 10: (a) confirming the employer's action; (b) reinstating the employee with or without compensation for time lost. The Arbitrator shall consider the amount of any remuneration or compensation the employee has received from any other source, pending the disposition of his case; or (c) disposing of the grievance in any other manner which may be just and equitable. 9.4 An employee who is reinstated under Article 9.3(b) or (c) shall not lose his seniority status. 9.5 During the probationary period an employee shall be considered as being employed on a trial basis and may be discharged where the employee is considered, in the judgment of the Employer, to be unsuitable. The discharge of a probationary employee shall be deemed for just cause and accordingly shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement. 9.6 An employee who is to receive a written warning, suspension or discharge shall have a committeeperson or xxxxxxx present at any meeting held for this purpose provided that a committeeperson or xxxxxxx is available at work on the shift in question. The Employer will provide written notice of written warning, suspension or discharge to the employee's committeeperson. It is understood that an oversight by the Employer in complying with any provision of this Article or Article 9 of this Agreement shall not invalidate nor prejudice the written warning, suspension or discharge. 9.7 Whenever twelve or more months have elapsed from an employee's most recent disciplinary action, said action shall not be the basis for further disciplinary action.

DISCHARGE & SUSPENSION CASES. 9.1 An The Company agrees to notify the Chairman of the Plant Committee in writing of the dismissal or suspension of any permanent or regular employee. If such an employee who is discharged dismissed or suspended for any reason whatsoever, and feels that he has been unjustly treated, he shall be given within three (3)working days after he has ceased to work for the or three (3) working days after the Union has been notified of his dismissal or suspen- sion, notify the Company of his dissatisfaction. In the event of discharge or suspension, the employee shall have the right to notify the Plant Committeeman, or to initiate a reasonable opportunity to interview his committeeperson or xxxxxxx, provided that a committeeperson or xxxxxxx is available at work on the shift in question, in a private area designated by the Employer grievance before leaving the Employer's premises. The dismissal or suspension shall then constitute a griev- ance and shall be dealt with the Grievance Procedure, unless it is necessary, because of the circumstances giving rise to the suspension or discharge, to require the immediate expulsion of the employee from the plant premises. 9.2 An employee who has completed the probationary period and who is suspended or discharged may file a grievance starting at Step 2 If the employee's claim of the Grievance Procedure within five working days after such improper discharge or suspension. 9.3 Where a grievance which suspen- sion is filed under Article 9.2 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling, subject found to this Article and to Article 10: (a) confirming the employer's action; (b) reinstating the employee be he shall be reinstated in his employment with or without compensation full at regular rates of pay for time lost. The Arbitrator shall consider the amount of any remuneration or compensation the , and such employee has received from any other source, pending the disposition of his case; or (c) disposing of the grievance in any other manner which may be just and equitable. 9.4 An employee who is reinstated under Article 9.3(b) or (c) shall not lose his seniority status. 9.5 During rights. Each of the probationary period parties hereto recognizes that employees are entitled to an equitable measure of security based upon length of service as set out in this Agreement. It is agreed that the lay-off, rehiring, of, or distribution of work amongst employees shall be in accordance with the seniority provisions hereinafter set forth. No employee shall be considered deprived of his regular employ- ment as being employed on a trial basis long as there is work available in his department which he is competent and may be discharged where the employee is considered, in the judgment of the Employer, willing to be unsuitable. The discharge of a probationary employee shall be deemed for just cause and accordingly shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement. 9.6 An employee who is to receive a written warning, suspension or discharge shall have a committeeperson or xxxxxxx present at any meeting held for this purpose provided that a committeeperson or xxxxxxx is available at work on the shift in question. The Employer will provide written notice of written warning, suspension or discharge to the employee's committeepersonperform. It is understood agreed that a breakdown may constilute unavailability of work. The parties agree to cooperate considering all seniority matters, to the end that employees with greater seniority will be given preference to employment whenever practical and possible. The seniority provisions of the Agreement will be a primary factor in all personnel considerations with appro- priate attention being given to an oversight employee's qualifications to perform the work available. In filling advantageous special consideration will be given to employees with seniority. It is the intention of the parties to express a principle which will allow the Company freedom in implement- ing seniority without danger of being bound by restricting precedent. It is agreed that all seniority 'problems will he jointly considered by Management and the Employer Union Shop in complying with any provision a serious attempt to find a workable solution. Failure to agree after full and fair discussion shall make the matter a subject for grievance procedure. An employee will be considered to on probation and will not be placed on a seniority list until after lie has worked for a total of sixty working days during a period of six con- secutive months. A scheduled overtime day on which the employee works five hours or more will be counted as one of his days worked for the of this Article or Article 9 Probationary employees shall have recourse to the griev- ance procedure in all matters except in case of this Agreement shall not invalidate nor prejudice the written warning, suspension layoff or discharge. 9.7 Whenever twelve or more months have elapsed . When an employee has been placed on a seniority list, seniority will date from an employee's most recent disciplinary action, said action shall not be the basis for further disciplinary action.commencement of his accredited probationary service and will accumulate thereafter. Posting of Seniority List

DISCHARGE & SUSPENSION CASES. 9.1 In all cases where an employee who has acquired seniority with the Employer is discharged or suspended the Employer shall notify the Union. The Union or the employee who has acquired seniority with the Employer who believes he has been unjustly discharged or suspended may within five working days of notice of discharge or suspension file a grievance at Step with the Transportation Manager and the grievance shall be dealt with in accordance with Step and the balance of the Grievance Procedure. The Employer agrees that where meetings are held with employees who have acquired seniority with the Employer, which implement discharge or suspension, the employee has the right to have the delegate present if he so desires. An employee who has acquired seniority with the Employer who is discharged or suspended shall also be given a reasonable opportunity to an interview with his committeeperson or xxxxxxx, provided that a committeeperson or xxxxxxx is available at work on the shift in question, in a private area designated by the Employer delegate before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to the suspension his discharge including, but not limited to, circumstances such as safety, drunkenness, fighting, theft or discharge, any other similar serious matter to require the immediate expulsion of the employee Employer's premises. All warnings shall be given in writing. Any warning or disciplinary action shall be removed from an employee's record after the expiry of two years from the plant premises. 9.2 An employee who has completed date of issue if no disciplinary action or warnings have been issued within the probationary period and who is suspended or discharged may file a grievance at Step 2 of the Grievance Procedure within five working days after such discharge or suspension. 9.3 two year period. Where a suspension or discharge grievance which is filed under Article 9.2 is not settled and duly comes before becomes the subject matter of an Arbitratorarbitration, the Arbitrator may make a ruling, subject substitute such other penalty for the discharge or suspension as to this Article and to Article 10: (a) confirming the employer's action; (b) reinstating the employee with or without compensation for time lost. The Arbitrator shall consider the amount of any remuneration or compensation the employee has received from any other source, pending the disposition of his case; or (c) disposing of the grievance in any other manner which may be seems just and equitablereasonable in all the circumstances. 9.4 An employee who is reinstated under Article 9.3(b) or (c) shall not lose his seniority status. 9.5 During the probationary period an employee shall be considered as being employed on a trial basis and may be discharged where the employee is considered, in the judgment of the Employer, to be unsuitable. The discharge of a probationary employee shall be deemed for just cause and accordingly shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement. 9.6 An employee who is to receive a written warning, suspension or discharge shall have a committeeperson or xxxxxxx present at any meeting held for this purpose provided that a committeeperson or xxxxxxx is available at work on the shift in question. The Employer will provide written notice of written warning, suspension or discharge to the employee's committeeperson. It is understood that an oversight by the Employer in complying with any provision of this Article or Article 9 of this Agreement shall not invalidate nor prejudice the written warning, suspension or discharge. 9.7 Whenever twelve or more months have elapsed from an employee's most recent disciplinary action, said action shall not be the basis for further disciplinary action.