Common use of Discharges Clause in Contracts

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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faith. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company may discharge an No employee shall be discharged except for just cause. Notice In case 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 gross misconduct (including, but not limited to, discharges because dishonesty, insubordination and the like, willful destruction of chronic attendance problemsthe 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, 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 following terms and conditions: (a) Prior discharge shall be provided to the effectuation employee and the Union within five (5) days of any discharge hereunderthe discharge. In all other cases, an employee whose performance has not been consistently satisfactory all employees shall be so notified in writing as entitled to how it has not been satisfactory and, thereafter, be afforded fourteen (14) calendar days written notice of discharge with a reasonable opportunity to establish and maintain such a level of performance. A copy of such notification 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 given to signed by the President of the employee’s Local Union Employer or his or her designeedesignated representative. The failure of management to have previously notified a dischargee that his or her performance has not been consistently satisfactory may not form In no event shall the basis for any contention by the Union, or for any finding notice be signed by an arbitrator that employee in the Company's determination hereunder is arbitrary or capriciousbargaining 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. However, in the event of a failure to notify, where the employee in question may not is furnished an apartment, they shall be discharged until he or she has been given entitled to occupy the apartment for at least eight fourteen (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 14) calendar days after 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. . During the fourteen (b14) In lieu of arbitrationcalendar day period, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by investigate the reasons for discharge and satisfactory may grieve the discharge pursuant to Article XV if it is of the Company. (c) If a opinion that the discharge hereunder is arbitrated, the Company's determination was not for just cause. No employee shall be sustained unless discharged while they are not at work due to vacation" No warnings or reprimands shall be considered for purposes of disciplinary action after twenty-four (24) months from the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that date of the Companywarning or reprimand. Except as otherwise provided herein, all monies due or which have accrued, including vacation or accrued vacation allowances and the Company holiday pay, shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faith. paid to an employee within five (d5) In the event that the determination hereunder business days. Where an employee is sustained in arbitration, the Company shall have no obligation not entitled to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.fourteen

Discharges. Section 14.1 (a) 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. If the discharge is not agreed to, 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 to remove such employee from the payroll upon the issuance of an award of an Impartial Umpire or Arbitrator sustaining the discharge, or two (2) weeks after the date of the notice to the Union provided above, whichever is earlier; or (b) Alternatively to the rights stated in writing subparagraph (a) above, the Company may elect in its sole discretion to extend utilize the time periods set forth provisions of this subparagraph (b) in this Sectiona discharge for “unsatisfactory performance”. Any NABET-CWA-represented employee who fails without good reason or refuses For purposes of Section 14.1(b), “unsatisfactory performance” shall be deemed 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 include the inability or unwillingness to satisfactorily perform the duties particular work required by the Company. “Unsatisfactory performance” shall also include excessive absenteeism and responsibilities of his or her position (including, but not limited to, discharges because of chronic attendance problems) may be subject to the lateness. The following terms and conditionsconditions shall apply: (a1) Prior to the effectuation of any discharge hereunderunder this subparagraph (b), 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 and a reasonable opportunity to establish and maintain such a level of performance. A copy of such notification shall be given said notice sent to the President of the employee’s Local Union President 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 Arbitrator, that the Company's ’s determination hereunder is arbitrary or capricious. HoweverThe employee, in the event of a failure to notifythereafter, the employee in question may not will be discharged until he or she has been given at least afforded an eight (8) weeks week minimum period of time to establish and maintain a satisfactory level of performance. Any Such notice to the employee that is provided under this subsection shall be in writing and shall state that it constitutes notice under Section 14.214.1(b), but such notice shall not preclude the Company from imposing discipline on such employee under Section 14.1Section 14.1(a). If, for a period of twelve (12) consecutive months, months following such notice the employee’s overall performance is satisfactory, an employee shall no longer be subject to such that particular notice of discharge. (b2) If, after the employee's having been given this opportunity to establish and maintain a satisfactory level of performance, the Company determines that a discharge under this Section 14.1(b) is appropriate, the Company may discharge the employee and notice of the discharge will be provided to the Union in the same manner as required for discharges under Section 14.1(a). Should the Union determine to arbitrate the discharge, the procedures to be followed are provided for in Section 14.2. In determining the appropriateness of the discharge, the “just cause” standard of Section 14.1(a) shall not apply and instead the Company's determination shall be sustained by the arbitrator unless he finds that the discharge is arbitrary or capricious. (3) In lieu the event that the discharge determination under Section 14.1(b) is sustained by the arbitrator, Section 15.1 shall be inapplicable and the Company shall have no obligation to provide a severance payment of arbitrationany kind. (4) If the Union determines not to arbitrate a Section 14.1(b) termination, said dischargee may accept a and the termination hereunder andshall therefore be deemed accepted, in that event, the employee shall be entitled to receive a severance payment of in the amount equal to three (3) weeks per year for each full year of service, but in no event more than fifty-two (52) weeks, together service with a termination package cap of job counselingtwelve (12) months of pay at the minimum wage scale set forth in the Master Agreement, appropriate references, out-placement and other related employment services, all to be provided by or through that the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute employee executes a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of Union agrees in writing not to pursue the discharge of this employee in this or any other legal proceeding. If this general release and its substantive determination were reasonable and made in good faithUnion agreement is not executed, no severance will be due. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f5) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder arising out of terminations made under Section 14.1(b) may be cited by either party in any other discipline arbitration. (c) If at any time the Company determines that the particular nature of the “unsatisfactory performance” by itself or in combination with other conduct warrants proceeding instead under the “just cause” provisions of Section 14.1(a), it may elect to do so. (d) The Company shall have no obligation to transfer, reassign or train any employee to perform any other bargaining unit job function prior to a discharge for just cause or unsatisfactory performance. Section 14.2 If the Union believes that the discharge was not warranted, it may, within one (1) week of the date thereof, refer the matter to the Impartial Umpire for the office involved. It will be the obligation of the Umpire to hear the matter as expeditiously as possible and he or she may interrupt any other non-disciplinary case between the parties that he or she is then hearing in order to schedule a hearing on the discharge. If the Impartial Umpire for the office involved cannot hear the matter within three (3) working days of the reference to the Umpire by the Union, the matter may be referred to any one of the other Impartial Umpires listed in Section

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 ’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 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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' ’ advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's ’s determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faith. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company 9.1 A Customer may discharge an employee for just cause. Notice by arrangement with one or more other customers (“the customers”), and with the consent of the discharge will be given to NRSBU, exceed the Local President level of any of the Union, or another officer Characteristics 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 Trade Waste otherwise normally permitted 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 Customer 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. IfAgreement, for a defined period provided that: a) The total level of twelve (12) consecutive monthsany Characteristic of Trade Waste discharged by all of the customers who are party to the arrangement does not exceed the cumulative total of the levels of that Characteristic, as agreed in the employee’s overall performance is satisfactory, an employee shall no longer be subject contracts pertaining to such notice of dischargethose customers. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said The customers who propose an excess discharge under this Section 14.2 provision must provide to the NRSBU a clear statement of intent, five Business Days before the planned commencement of the excess discharge that: I. Specifies the type and volume of waste it is proposed to discharge II. Shows the agreement of all Customers who may be a pretext for some other reasonparty to the arrangement by the hand of the Authorised Representative of each such Customer. c) The NRSBU must use its best endeavours to determine the matter and advise the Customer of its decision within three working days. d) The planned excess discharge must not commence until the customers have the consent of the NRBSU. 9.2 Notwithstanding the provisions of clause 9.1 any two or more customers may with the express consent of the NRSBU enter into an agreement which has the effect of ensuring that the total level of any Characteristic of the combined discharges of the customers who are a party to the agreement does not exceed the cumulative total of the levels of that Characteristic as agreed in the contracts pertaining to those customers. 9.3 If the customer discharges any Trade Waste into the Sewerage Scheme which has Characteristics in excess of the maximum levels set out in Schedule 2, or that such determination, though which otherwise does not a pretext, is arbitrary comply with this Agreement or capricious. In any such proceedingthe Bylaw, the arbitrator NRSBU may not substitute his or her judgment for that recover from the Customer all costs, losses and expenses incurred by the NRSBU as a result of the Companyexcess or non-compliant discharge including without limitation any costs incurred as a result of the Capacity of the Sewerage Scheme being exceeded. Any amount which the NRSBU may recover from the Customer pursuant to this clause shall be excluded from the costs of operating the Sewerage Scheme for the purposes of the calculation of any charges under clause 7 this Agreement. 9.4 In addition to any charges which may be levied in accordance with clause 9.3, any Customer who discharges Trade Waste to the Sewerage Scheme which has Characteristics in excess of the maximum levels set out in Schedule 2 must pay the charges set out in clause 9.5 for the excess discharge. Provided that no Excess Discharge Costs will be payable under this clause in respect of any Excess Discharges arranged pursuant to clause 9.1 hereof. Where any arrangement has been entered into pursuant to clause 9.1 or 9.2 and the Company shall be accorded total discharge to the sewerage scheme from the customers who are a presumption party to that its classification agreement in respect of any Characteristic, exceeds the cumulative total of the levels of that Characteristic as agreed in the contracts pertaining to those customers, Excess Discharge Costs will be payable in accordance with clause 9.5 by those customers who are a party to the agreement in proportion to the amount by which the level of that Characteristic in the contract to discharge and its substantive determination were reasonable and made in good faithpertaining to each such customer is exceeded. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company may discharge an employee No associate shall be discharged except for just and sufficient cause. Notice In the event any associate engages in the following conduct, it shall be grounds for immediate discharge and shall be deemed to be just and sufficient cause. However, any associate, if he is discharged, shall be granted an interview with his shop xxxxxxx. Just cause for discharge shall include but not be limited to the following: a) Theft of Company property. b) Wanton destruction of Company property. c) Drunkenness or being under the influence of drugs while on the job. d) Excessive lateness and absenteeism. Whenever the Union disputes and/or disagrees with the justification of the discharge will be given to of any associate, the Local President Union shall provide the Employer with a written notice of its dispute and/or disagreement within one (1) working day of the Union, time that the individual is required to leave the plant premises or another officer the Chief Xxxxxxx receives official notification of the Union if Employer's intention to discharge the Local President is unavailablesaid associate, within twenty-four (24) hours whichever occurs later. The dispute and/or disagreement shall thereupon be adjusted between the parties in the manner provided in ARTICLE XIII of this Agreement provided, however, that it shall not be necessary to commence with subdivision "a" of said paragraph but institution of the dispute may be by immediate recourse to Section 3 of said Article, and any associate who has been discharged and subsequently reinstated as a result of invoking the machinery for resolving dispute as set forth in ARTICLE XIII shall be reinstated to his former job with full back pay. Any new associates retained beyond the ninety (90) day trial shall be entitled to all the rights and privileges of this Agreement, effective as of the 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 commencement 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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of serviceemployment, but in no event more shall new associates be paid less than fifty-two (52) weeks, together with a termination package the minimum rate of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge established under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faithAgreement. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company may discharge an employee No Sales Associate shall be discharged except for just and sufficient cause. Notice Just cause for discharge shall include but not be limited to the following: a) Theft of Company property. b) Wanton destruction of Company property. c) Drunkenness on the job. d) Excessive lateness and absenteeism. e) Drinking on the premises. f) Illegal use of drugs on the job. Whenever the Union disputes and/or disagrees with the justification of the discharge will be given to of any Sales Associate, the Local President Union shall provide the Employer with a written notice of its dispute and/or disagreement within one (1) working day of the Union, or another officer of time that the Union if individual is required to leave the Local President is unavailable, within twenty-four (24) hours of the effective date of the discharge. In such event, either the Company plant premises or the Union Business Agent receives official notification of the Employer's intention to discharge the said Sales Associate, whichever occurs later. The dispute and/or disagreement shall thereupon be adjusted between the parties in the manner provided in ARTICLE XIV of this Agreement provided, however, that it shall not be necessary to commence with subdivision a) of said paragraph but institution of the dispute may be by immediate recourse to subdivision 3 of said Article, and any Sales Associate who has been discharged and subsequently reinstated as a result of invoking the machinery for resolving dispute as set forth in ARTICLE XIV shall be reinstated to his/her former job with full back pay. New Sales Associates shall have a one hundred twenty (120) day probationary period during which time the Employer reserves the right to submit the issue of discharge, and such 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: grievance procedure. Any new Sales Associate retained beyond the one hundred twenty (a120) Prior to the effectuation of any discharge hereunder, an employee whose performance has not been consistently satisfactory day trial shall be so notified in writing entitled to all the rights and privileges of this Agreement, effective 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 date of commencement of his/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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of serviceemployment, but in no event more shall new Sales Associates be paid less than fifty-two (52) weeks, together with a termination package the minimum rate of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge established under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faithAgreement. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company may No permanent employee shall be summarily dis­ charged without the approval of the U N IO N , ex­ cept for drunkenness and dishonesty. In the event the EM P LO YER desires to discharge an employee em­ ployee, for any other just cause, the EM P LO YER shall give written notice to the U N IO N by regis­ tered mail, return receipt requested, of his inten­ tion to discharge. Notice If the U N IO N disputes the propriety of the discharge will be given to proposed discharge, the Local President of the UnionU N IO N shall serve a written reply by registered mail, or another officer of the Union if the Local President is unavailablere­ turn receipt requested, within twenty-four (24) hours of the effective date receipt of the discharge. In such event, either the Company or the Union has the right EM P LO YER’S notice of intention 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 meet, within twenty-four (24) hours after notice of intention to dispute the dis­ charge, to discuss the grievance. If the parties do not agree, the matter shall be submitted within twenty-four (24) hours thereafter to arbitration as hereinafter provided. The arbitrator shall render a decision on the matter within forty-eight (48) hours after the close of the hearing. No discharge shall take place until such decision has been ren­ dered. In the event of discharge or layoff within two (2) weeks prior to any of the holidays here­ xxxxxxx mentioned, the said holidays shall be paid for to the man so discharged or laid off or to his replacement, the U N IO N to make the choice. The EM PLO YER 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 lay­ off workers 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 a decline 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 designeebusiness. The failure of management to have previously notified a dischargee that his or her performance has not been consistently satisfactory may not form EM P LO YER and the basis for any contention by U N IO N , however, shall mutually agree whether 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 layoff 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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance form of a termination hereunder, straight layoff or a division of work basis among the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Companyemployees. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faith. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 The Company may No permanent employee shall be summarily dis­ charged without the approval of the U N IO N , ex­ cept for drunkenness and dishonesty. In the event the EM P LO YER desires to discharge an employee em­ ployee, for any other just cause, the EM P LO YER shall give written notice to the U N IO N by regis­ tered mail, return receipt requested, of his inten­ tion to discharge. Notice If the U N IO N disputes the propriety of the discharge will be given to proposed discharge, the Local President of the UnionU N IO N shall serve a written reply by registered mail, or another officer of the Union if the Local President is unavailablere­ turn receipt requested, within twenty-four (24) hours of the effective date receipt of the discharge. In such event, either the Company or the Union has the right EM P LO YER’S notice of intention 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 meet, within twenty-four (24) hours after notice of intention to dispute the dis­ charge, to discuss the grievance. If the parties do not agree, the matter shall be submitted within twenty-four (24) hours thereafter to arbitration as hereinafter provided. The arbitrator shall render a decision on the matter within forty-eight (48) hours after the close of the hearing. No discharge shall take place until such decision has been ren­ dered. In the event of discharge or layoff within two (2) weeks prior to any of the holidays here­ xxxxxxx mentioned, the said holidays shall be paid for to the man so discharged or laid off or to his replacement, the U N IO N to make the choice. The EM P LO YER 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 lay­ off workers 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 a decline 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 designeebusiness. The failure of management to have previously notified a dischargee that his or her performance has not been consistently satisfactory may not form EM P LO YER and the basis for any contention by U N IO N , however, shall mutually agree whether 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 layoff 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. (b) In lieu of arbitration, said dischargee may accept a termination hereunder and, in that event, shall receive a severance payment of three (3) weeks per year for each year of service, but in no event more than fifty-two (52) weeks, together with a termination package of job counseling, appropriate references, out-placement and other related employment services, all to be provided by or through the Company. Upon his or her acceptance form of a termination hereunder, straight layoff or a division of work basis among the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute a general release drafted by and satisfactory to the Companyemployees. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of the discharge and its substantive determination were reasonable and made in good faith. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder may be cited in any other arbitration.

Discharges. Section 14.1 (a) 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. If the discharge is not agreed to, 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 to remove such employee from the payroll upon the issuance of an award of an Impartial Umpire or Arbitrator sustaining the discharge, or two (2) weeks after the date of the notice to the Union provided above, whichever is earlier; or (b) Alternatively to the rights stated in writing subparagraph (a) above, the Company may elect in its sole discretion to extend utilize the time periods set forth provisions of this subparagraph (b) in this Sectiona discharge for “unsatisfactory performance”. Any NABET-CWA-represented employee who fails without good reason or refuses For purposes of Section 14.1(b), “unsatisfactory performance” shall be deemed 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 include the inability or unwillingness to satisfactorily perform the duties particular work required by the Company. “Unsatisfactory performance” shall also include excessive absenteeism and responsibilities of his or her position (including, but not limited to, discharges because of chronic attendance problems) may be subject to the lateness. The following terms and conditionsconditions shall apply: (a1) Prior to the effectuation of any discharge hereunderunder this subparagraph (b), 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 and a reasonable opportunity to establish and maintain such a level of performance. A copy of such notification shall be given said notice sent to the President of the employee’s Local Union President 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 Arbitrator, that the Company's ’s determination hereunder is arbitrary or capricious. HoweverThe employee, in the event of a failure to notifythereafter, the employee in question may not will be discharged until he or she has been given at least afforded an eight (8) weeks week minimum period of time to establish and maintain a satisfactory level of performance. Any Such notice to the employee that is provided under this subsection shall be in writing and shall state that it constitutes notice under Section 14.214.1(b), but such notice shall not preclude the Company from imposing discipline on such employee under Section 14.1Section 14.1(a). If, for a period of twelve (12) consecutive months, months following such notice the employee’s overall performance is satisfactory, an employee shall no longer be subject to such that particular notice of discharge. Section 14.1 (b) (2) (2) If, after the employee's having been given this opportunity to establish and maintain a satisfactory level of performance, the Company determines that a discharge under this Section 14.1(b) is appropriate, the Company may discharge the employee and notice of the discharge will be provided to the Union in the same manner as required for discharges under Section 14.1(a). Should the Union determine to arbitrate the discharge, the procedures to be followed are provided for in Section 14.2. In lieu determining the appropriateness of arbitrationthe discharge, said dischargee may accept the “just cause” standard of Section 14.1(a) shall not apply and instead the Company's determination shall be sustained by the arbitrator unless he finds that the discharge is arbitrary or capricious. (3) In the event that the discharge determination under Section 14.1(b) is sustained by the arbitrator, Section 15.1 shall be inapplicable and the Company shall have no obligation to provide a severance payment of any kind. (4) If the Union determines not to arbitrate a Section 14.1(b) termination, and the termination hereunder andshall therefore be deemed accepted, in that event, the employee shall be entitled to receive a severance payment of in the amount equal to three (3) weeks per year for each full year of service, but in no event more than fifty-two (52) weeks, together service with a termination package cap of job counselingtwelve (12) months of pay at the minimum wage scale set forth in the Master Agreement, appropriate references, out-placement and other related employment services, all to be provided by or through that the Company. Upon his or her acceptance of a termination hereunder, the dischargee shall also be deemed to have been given four (4) weeks' advance notice of discharge, which period shall be converted to pay in lieu of notice. In addition, the Company will not oppose any application for unemployment insurance. In consideration of the foregoing, said dischargee and the Union shall immediately execute employee executes a general release drafted by and satisfactory to the Company. (c) If a discharge hereunder is arbitrated, the Company's determination shall be sustained unless the Union proves that the classification of said discharge under this Section 14.2 is a pretext for some other reason, or that such determination, though not a pretext, is arbitrary or capricious. In any such proceeding, the arbitrator may not substitute his or her judgment for that of the Company, and the Company shall be accorded a presumption that its classification of Union agrees in writing not to pursue the discharge of this employee in this or any other legal proceeding. If this general release and its substantive determination were reasonable and made in good faithUnion agreement is not executed, no severance will be due. (d) In the event that the determination hereunder is sustained in arbitration, the Company shall have no obligation to provide the dischargee with any additional severance payment or notice pay provided in subparagraph (b) above or to provide any of the other benefits described in such subparagraph. (e) It is expressly understood and agreed that the Company has no obligation to find or attempt to find a dischargee hereunder any other position, or to train said dischargee to perform any job or assignment, including his or her present job or assignment, as a condition of sustaining the discharge. (f5) Neither the acceptance of any terminations nor any arbitration awards rendered hereunder arising out of terminations made under Section 14.1(b) may be cited by either party in any other discipline arbitration. (c) If at any time the Company determines that the particular nature of the “unsatisfactory performance” by itself or in combination with other conduct warrants proceeding instead under the “just cause” provisions of Section 14.1(a), it may elect to do so. (d) The Company shall have no obligation to transfer, reassign or train any employee to perform any other bargaining unit job function prior to a discharge for just cause or unsatisfactory performance.