Discharges. 1) If the arbitrator finds that the order of discharge should be modified, the appellant shall be restored to a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty, as determined by the arbitrator.
2) If the arbitrator finds that the order of discharge should be rescinded, the appellant shall be reinstated in a position in his or her former class and shall receive pay and fringe benefits for all of the period of time he or she was removed from duty.
Discharges. Section 14.1 The Company may discharge an employee for just cause. Notice of the discharge will be given to the Local President of the Union, or another officer of the Union if the Local President is unavailable, within twenty-four (24) hours of the effective date of the discharge. In such event, either the Company or the Union has the right to submit the issue of discharge in writing only to the appropriate Impartial Umpire or to the American Arbitration Association, as governed by Section 20.8, within fifteen (15) business days after the effective date of the discharge. The parties shall have the right by mutual consent in writing to extend the time periods set forth in this Section. Any NABET-CWA-represented employee who fails without good reason or refuses to submit to any test covered by Section 21.3 may be immediately discharged.
Section 14.2 The discharge of any employee who is discharged for inability or unwillingness to satisfactorily perform the duties and responsibilities of his or her position (including, but not limited to, discharges because of chronic attendance problems) may be subject to the following terms and conditions:
(a) Prior to the effectuation of any discharge hereunder, an employee whose performance has not been consistently satisfactory shall be so notified in writing as to how it has not been satisfactory and, thereafter, be afforded a reasonable opportunity to establish and maintain such a level of performance. A copy of such notification shall be given to the President of the employee’s Local Union or his or her designee. The failure of management to have previously notified a dischargee that his or her performance has not been consistently satisfactory may not form the basis for any contention by the Union, or for any finding by an arbitrator that the Company's determination hereunder is arbitrary or capricious. However, in the event of a failure to notify, the employee in question may not be discharged until he or she has been given at least eight (8) weeks to establish and maintain a satisfactory level of performance. Any notice that is provided under this subsection shall be in writing and shall state that it constitutes notice under Section 14.2, but such notice shall not preclude the Company from imposing discipline on such employee under Section
14.1. If, for a period of twelve (12) consecutive months, the employee’s overall performance is satisfactory, an employee shall no longer be subject to such notice of discharge...
Discharges. Included among the violations for which an employee may be subject to discharge are conviction of a job related misdemeanor or making an intentionally false statement on any official police report.
Discharges. 1. After the probationary period the Employer may not discharge an Apprentice Xxxxxxx without first notifying the Joint Apprenticeship Training Committee in writing and an Apprentice Xxxxxxx cannot be discharged without the approval of the Joint Apprenticeship Training Committee.
2. An Employer employing a registered Apprentice Xxxxxxx and discharging without just cause shall not be entitled to another Apprentice Xxxxxxx until such time as the discharged Apprentice Xxxxxxx would have completed the full time of Apprenticeship.
Discharges. 1. If an Impartial Hearing Officer recommends that the order of discharge be modified, he/she shall recommend that the appellant be restored to a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty.
2. If an Impartial Hearing Officer recommends that the order of discharge should be rescinded, he/she shall recommend that the appellant be reinstated in a position in his or her former class and receive pay and fringe benefits for all of the period of time he or she was removed from duty.
Discharges. All discharges shall be on the written authority of the President with all reasons for the action contained therein.
Discharges. (1) In any case where an employee has been discharged, the hearing at the Labor Relations Step of the grievance procedure will not be held until one shall have turned into the Authority all property of the Authority theretofore delivered to one, and the hearing will not be held until the employee shall have settled all accounts with the Authority. If the employee has not settled accounts, he/she will be permitted to settle the outstanding balance within the number of months equal to the total amount owed divided by $50.00 or twelve months, whichever is less. If the employee fails to comply with the above, the employee will be deemed to have abandoned the grievance and it will be processed no further.
(2) In discharge cases, the Authority shall make available to the Union within seven (7) days after the Labor Relations Step response, copies of the record of the employee for the last three years.
Discharges. No employee shall be disciplined or discharged except for just cause. In cases of gross misconduct (including, but not limited to, dishonesty, insubordination and the like, willful destruction of the Employer's property, drinking alcohol on the job, cannabis use on the job, possession or unauthorized use of controlled or illegal substances on the premises, or working under the influence of alcohol and/or drugs or working under the influence of cannabis a serious instance of sexual harassment or harassment based on another federal, state or city protected class, possession of firearms, or failure to return to work without justifiable cause following a personal leave of absence) employees may be subject to summary discharge without prior notice. Subsequent written notice of the discharge shall be provided to the employee and the Union within five (5) days of the discharge. In all other cases, employees shall be entitled to fourteen (14) calendar days' written notice of discharge with a copy of such notice to be simultaneously sent to the Union. Failure to notify the Union in this regard shall nullify the notice to the employee. The notice shall state the reasons for the discharge and shall be signed by the Employer or their designated representative. In no event shall the notice be signed by an employee in the bargaining unit. Where the Union consents, the Employer may be permitted to pay the employee for the fourteen (14) calendar days instead of keeping them on the job. In any event, where the discharge is immediate, the employee shall be permitted to occupy the apartment furnished on the premises for no more than fourteen (14) calendar days thereafter.
Discharges. Unless otherwise specifically stated in any discharge of this Trust Deed the provisions of this Clause 10.1 (Remuneration) shall continue in full force and effect notwithstanding such discharge.
Discharges. If the arbitrator finds the order of discharge should be modified, the appellant shall be restored to a position in his/her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was removed from duty, as determined by the arbitrator and consistent with Section 6.E of this Article. • If the arbitrator finds the order of discharge should be rescinded, the appellant shall be reinstated in a position in his/her former class and shall receive pay and fringe benefits for all of the period of time he/she was removed from duty and consistent with Section 6.E of this Article.
