Common use of Disciplinary Action Guidelines Clause in Contracts

Disciplinary Action Guidelines. The actual step (level of action) taken depends on the nature of the current incident as well as the employee's prior record. One or more steps may be skipped depending on the seriousness of the offense or violation. The Company encourages its supervisors to continue to discuss directly with employees any matters relating to their performance as such matters occur. There shall be a single disciplinary track for all misconduct, infractions, violations of rules, policies, procedures, etc., including vehicle infractions (moving [including camera-enforced speeding and red light violations] and parking violations). Employees must timely notify the Company of any traffic or parking tickets the employee receives in connection with operating or parking a Company vehicle. Employees shall be personally responsible for timely payment of traffic and parking fines incurred in the operation of a Company vehicle. Upon the Company's notification to the employee and Union, it is the responsibility of the employee to follow the instructions on the traffic citation to either pay the fine or notify the court of their intent to contest the traffic citation and secure a court date. If the Company is required to pay a fine for a traffic or parking violation, the Company will identify the driver of the vehicle in question and will deduct the amount of such fine from that employee's next pay check(s) with the employee's written authorization. Reimbursement is due within thirty (30) days after the Company notifies the employee. Any employee who fails to pay a fine by the due date or refuses to provide written authorization will be disciplined. Discipline will be rescinded upon payment of the fine and/or reimbursement to the Company. No disciplinary action shall be taken against employees who timely pay fines for traffic citations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to drive a Company vehicle. Employees who do not self identify loss of license: Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the beginning of the first day returning to work of the loss of a driver's license and/or driving privileges. Those who do are subject to the existing WG Vehicle Operation and Driver License Policy (#1106). Any employee who fails to self identify loss of his or her driver's license will receive discipline at a level two steps above their current step (skip one step). The employee may not return to work until they can produce documentation confirming the restoration of their license and/or driving privilege. The employee will remain suspended until a valid driver's permit is restored but for no more than 60 days. At the end of the 60-day period the employee will be terminated unless they have provided valid documentation of their driving privilege being restored. Any employee terminated for loss of license can be reinstated at the sole discretion of the company provided the employee can confirm through documentation that they are in possession of a valid driver's license issued in the jurisdiction they live no later than 12 months after the termination date and where a qualified position is available. Employees who are unable to reinstate their driving license within the 12-month period, but subsequently obtain a valid driver's license, may re-apply for any open position, and if selected, may be rehired. Rehired employees will be treated as new employees, but may be entitled to bridge their years of service. With respect to the level of discipline, the company will entertain reasonable "exceptions" for loss of license that are proven by the employee to have occurred without the employee's knowledge. The company, however, will not allow for an "exception" for and not limited to: nonpayment of tickets, failures to appear in court and/or situations where the employee failed to update the court/jurisdiction of a change/update in the license holder's address. Disciplinary Action Guidelines 1st Step -: Written Reprimand 2nd Step -: Written reprimand and 2 days suspension 3rd Step -: Written reprimand and 5 days suspension 4th Step -: Disciplinary Final Warning of Discharge and 10 days suspension 5th Step -: Discharge Guidelines for Progressive Disciplinary Action (since last action) Infraction occurring under Step 1 remains on record for 12 months Infraction occurring under Step 2 remains on record for 12 months Infraction occurring under Step 3 remains on record for 27 months Infraction occurring under Step 4 remains on record for 39 months For an employee currently on a step of discipline, every 12 months that the employee does not incur an additional step of discipline, while actively performing work at or for Washington Gas or on workers' compensation, their current disciplinary step will drop by one step. Driving Infraction Point System Employees may be subjected to progressive discipline for violating Company policies and procedures related to safe driving, including violations supported by traffic citations, DriveCam or similar technology, GPS or similar technology, photo citations, or other similar means. Progressive discipline will be enacted when an employee exceeds the determined number of points related to driving violations and/or citations by the chart and verbiage below. Employees who total more than 5 points (and in 3 point increments thereafter) will be subject to progressive discipline. These point values may only be removed as follows: minus 3 points per every year of safe driving, not to exceed minus 9 while actively performing work at or for the Company or on workers' compensation or after two (2) consecutive years without an avoidable vehicle accident or traffic violation all accumulated points will be removed. Driving Violation Point Value *Avoidable Backing/Following too Close Accidents (Points may be applicable to passenger, for example, when they are shown to be a distraction or did not aid in backing) (only when determined by Safety Dept. to have caused an avoidable accident) 1 Actual Occupant Smoking 2 Handling Electronic Devices (ear piece wearing, cell phone use, Bluetooth, or any other device and use as defined in the Electronic Device Usage Policy) 6 Failure to yield intersection right of way 2 Actual Unbelted Individual 2 Rolling Stop or Rolling / Run Red Light and/or Stop Sign (11mph or more) 3 Aggressive/Reckless Driving (Includes speeding in excess of 20 mph over the speed limit that may be captured by 'Drive Cam' GPS like technology) 7 Passing a Loading/Unloading School Bus (if red lights flashing early enough for driver to stop safely = 10 points) 10 A single driving incident involving multiple driving violations will result in point assessments for each violation in the table above. For any violation/ticket issued to a company driver not covered on this list, points to be applied will be no greater than the average of the points that would be accessed for the same violation in the Company's franchise jurisdictions of DC, MD, and VA. Thereafter the Company will treat all similar subsequent violations consistently. Employees who are assessed points that do not result in formal disciplinary action under Annex DA are limited to the informal grievance process set forth under Article 18 of this contract. Supervisors shall have five (5) work days to schedule and hear an informal grievance upon written request/notification from the Union. The Company shall conduct and conclude all investigations of employee accidents, injuries, and drive cam related events within forty-five (45) days of the date the Company is notified and/or employee reports such accident/injury, provided however, that such time may be extended when the employee in question is off sick due to such accident/injury or is otherwise unavailable. In such cases, the 45-day period shall be extended by the number of days the employee was off sick/unavailable. In the event the Company fails to complete its investigation in a timely fashion, the injury/accident in question shall be considered "unavoidable" for purposes of this Annex. Note: In cases where an employee is on a Disciplinary Final Warning of Discharge, the circumstances of the present offense/violation may result in a discharge regardless of how long ago the Disciplinary Final Warning of Discharge was given. However, an employee may have such Disciplinary Final Warning of Discharge purged from his/her disciplinary record if he/she receives no discipline for sixty (60) months from the date the Disciplinary Final Warning of Discharge was imposed (or restated). When any discipline is imposed, the written warning form will be initialed by the employee concerned as well as by a representative of the Union, prior to the discipline being placed in the employee's personnel file. In the event the employee or the Union representative refuses to initial the discipline form, such refusal will be noted on the discipline form and the notation shall be initialed by the Union and/or management representative(s) before the form is placed in the employee's file. A copy of the disciplinary form will be supplied to the Union at the time the discipline is placed in the employee's file. The personnel files maintained by the Human Resources Department will be the official Company files. ANNEX EF

Appears in 1 contract

Samples: Labor Contract

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Disciplinary Action Guidelines. The actual step (level of action) taken depends on the nature of the current incident as well as the employee's prior record. One or more steps may be skipped depending on the seriousness of the offense or violation. The Company encourages its supervisors to continue to discuss directly with employees any matters relating to their performance as such matters occur. There shall be a single disciplinary track for all misconduct, infractions, violations of rules, policies, procedures, etc., including vehicle infractions (moving [including camera-enforced speeding and red light violations] and parking violations) and avoidable injuries and accidents.). Employees must timely notify the Company of any traffic or parking tickets the employee receives in connection with operating or parking a Company vehicle. Employees shall be personally responsible for timely payment of traffic and parking fines incurred in the operation of a Company vehicle. Upon No disciplinary action shall be taken against employees who timelyUpon the Company's ’s notification to the employee and Union, it is the responsibility of the employee to follow the instructions on the traffic citation to either pay fines for parking violations not resulting in property damage the fine or notify personal injury incidents unless such violation(s) result in loss or suspension of privilege to drivenotify the court of their intent to contest the traffic citation and secure a court Company vehicle.court date. If the Company is required to pay a fine for a traffic or parking violation, the Company will identify the driver of the vehicle in question and will deduct the amount of such fine from that employee's ’s next pay check(s).) with the employee's ’s written authorization. Reimbursement is due within thirty (30) days after the Company notifies the employee. Any employee who fails to pay a fine by the due date or refuses to provide written authorization will be disciplined. Discipline will be rescinded upon payment of the fine and/or reimbursement to the Company. No disciplinary action shall be taken against employees who timely pay fines for traffic citations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to drive a Company vehicle. Employees who do not self identify loss of license: Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the beginning of the first day returning to work of the loss of a driver's ’s license and/or driving privileges. Those who do are subject to the existing WG Vehicle Operation and Driver License Policy (#1106). Any employee who fails to self identify loss of his drivershis or her driver's license will be suspended for no less than 5 days without pay and receive discipline at a level two steps above their current step (skip one step). The employee may not return to work until they can produce documentation confirming the restoration of their license and/or driving privilege. The If the license and/or driving privilege cannot be restored within the initial 5 days suspension, theThe employee will remain suspended until a valid driver's ’s permit is restored but for no more than 60 days. At the end of the 60-day 60 -day period the employee will be terminated terminated. unless they have provided valid documentation of their driving privilege being restored. Any employee terminated for loss of license can be reinstated at the sole discretion of the company provided the employee can confirm through documentation that they are in possession of a valid driver's ’s license issued in the jurisdiction they live no later than 12 months after the termination date and where a qualified position is available. Employees who are unable to reinstate their driving license within the 12-month 12 -month period, but subsequently obtain a valid driver's ’s license, may re-apply for any open position, and if selected, may be rehired. Rehired employees will be treated as new employees, but may be entitled to bridge their years of service. With respect to the level of discipline, the company will entertain reasonable "exceptions" for loss of license that are proven by the employee to have occurred without the employee's ’s knowledge. The company, however, will not allow for an "exception" for and not limited to: nonpayment of tickets, failures to appear in court and/or situations where the employee failed to update the court/jurisdiction of a change/update in the license holder's ’s address. Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the earliest reasonable time of the loss of a driver’s license and/or driving privileges. Those who do are subject to the existing WG policy regarding loss of driver’s license. Disciplinary Action Guidelines 1st Step ---: Written Reprimand 2nd Step -- Range:-: Written reprimand and 2 days suspension 3rd Step -- Range:-: Written reprimand and 5 days suspension 4th Step -- Range:-: Disciplinary Final Warning of Discharge and 10 days suspension 5th Step ---: Discharge Guidelines for Progressive Disciplinary Action (since last action) Infraction occurring under Step 1 remains on record for 12 months Infraction occurring under Step 2 remains on record for 12 months Infraction occurring under Step 3 remains on record for 27 months Infraction occurring under Step 4 remains on record for 39 months For an employee currently on a step of discipline, every 12 months that the employee does not incur an additional step of discipline, while actively performing work at or for Washington Gas or on workers' compensation, their current disciplinary step will drop by one step. Driving Infraction Point System Employees may be subjected to progressive discipline for violating Company policies and procedures related to safe driving, including violations supported by traffic citations, DriveCam or similar technology, GPS or similar technology, photo citations, or other similar means. Progressive discipline will be enacted when an employee exceeds the determined number of points related to driving violations and/or citations by the chart and verbiage below. Employees who total more than 5 points (and in 3 point increments thereafter) will be subject to progressive discipline. These point values may only be removed as follows: minus 3 points per every year of safe driving, not to exceed minus 9 while actively performing work at or for the Company or on workers' compensation or after two (2) consecutive years without an avoidable vehicle accident or traffic violation all accumulated points will be removed. Driving Violation Point Value *Avoidable Backing/Following too Close Accidents (Points may be applicable to passenger, for example, when they are shown to be a distraction or did not aid in backing) (only when determined by Safety Dept. to have caused an avoidable accident) 1 Actual Occupant Smoking 2 Handling Electronic Devices (ear piece wearing, cell phone use, Bluetooth, or any other device and use as defined in the Electronic Device Usage Policy) 6 Failure to yield intersection right of way 2 Actual Unbelted Individual 2 Rolling Stop or Rolling / Run Red Light and/or Stop Sign (11mph or more) 3 Aggressive/Reckless Driving (Includes speeding in excess of 20 mph over the speed limit that may be captured by 'Drive Cam' GPS like technology) 7 Passing a Loading/Unloading School Bus (if red lights flashing early enough for driver to stop safely = 10 points) 10 A single driving incident involving multiple driving violations will result in point assessments for each violation in the table above. For any violation/ticket issued to a company driver not covered on this list, points to be applied will be no greater than the average of the points that would be accessed for the same violation in the Company's franchise jurisdictions of DC, MD, and VA. Thereafter the Company will treat all similar subsequent violations consistently. Employees who are assessed points that do not result in formal disciplinary action under Annex DA are limited to the informal grievance process set forth under Article 18 of this contract. Supervisors shall have five (5) work days to schedule and hear an informal grievance upon written request/notification from the Union. The Company shall conduct and conclude all investigations of employee accidents, injuries, and drive cam related events within forty-five (45) days of the date the Company is notified and/or employee reports such accident/injury, provided however, that such time may be extended when the employee in question is off sick due to such accident/injury or is otherwise unavailable. In such cases, the 45-day period shall be extended by the number of days the employee was off sick/unavailable. In the event the Company fails to complete its investigation in a timely fashion, the injury/accident in question shall be considered "unavoidable" for purposes of this Annex. Note: In cases where an employee is on a Disciplinary Final Warning of Discharge, the circumstances of the present offense/violation may result in a discharge regardless of how long ago the Disciplinary Final Warning of Discharge was given. However, an employee may have such Disciplinary Final Warning of Discharge purged from his/her disciplinary record if he/she receives no discipline for sixty (60) months from the date the Disciplinary Final Warning of Discharge was imposed (or restated). When any discipline is imposed, the written warning form will be initialed by the employee concerned as well as by a representative of the Union, prior to the discipline being placed in the employee's personnel file. In the event the employee or the Union representative refuses to initial the discipline form, such refusal will be noted on the discipline form and the notation shall be initialed by the Union and/or management representative(s) before the form is placed in the employee's file. A copy of the disciplinary form will be supplied to the Union at the time the discipline is placed in the employee's file. The personnel files maintained by the Human Resources Department will be the official Company files. ANNEX EF

Appears in 1 contract

Samples: Labor Contract

Disciplinary Action Guidelines. The actual step (level of action) taken depends on the nature of the current incident as well as the employee's prior record. One or more steps may be skipped depending on the seriousness of the offense or violation. The Company encourages its supervisors to continue to discuss directly with employees any matters relating to their performance as such matters occur. There shall be a single disciplinary track for all misconduct, infractions, violations of rules, policies, procedures, etc., including vehicle infractions (moving [including camera-enforced speeding and red light violations] and parking violations)) and avoidable injuries and accidents. Employees must timely notify the Company of any traffic or parking tickets the employee receives in connection with operating or parking a Company vehicle. Employees shall be personally responsible for timely payment of traffic and parking fines incurred in the operation of a Company vehicle. Upon the Company's notification No disciplinary action shall be taken against employees who timely pay fines for parking violations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to the employee and Union, it is the responsibility of the employee to follow the instructions on the traffic citation to either pay the fine or notify the court of their intent to contest the traffic citation and secure drive a court dateCompany vehicle. If the Company is required to pay a fine for a traffic or parking violation, the Company will identify the driver of the vehicle in question and will deduct the amount of such fine from that employee's ’s next pay check(s) with the employee's written authorization. Reimbursement is due within thirty (30) days after the Company notifies the employee. Any employee who fails to pay a fine by the due date or refuses to provide written authorization will be disciplined. Discipline will be rescinded upon payment of the fine and/or reimbursement to the Company. No disciplinary action shall be taken against employees who timely pay fines for traffic citations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to drive a Company vehicle). Employees who do not self identify loss of license: Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the beginning of the first day returning to work of the loss of a driver's license and/or driving privileges. Those who do are subject to the existing WG Vehicle Operation and Driver License Policy (#1106). Any employee who fails to self identify loss of his or her driver's drivers license will be suspended for no less than 5 days without pay and receive discipline at a level two steps above their current step (skip one step). The employee may not return to work until they can produce documentation confirming the restoration of their license and/or driving privilege. The If the license and/or driving privilege cannot be restored within the initial 5 days suspension, the employee will remain suspended until a valid driver's ’s permit is restored but for no more than 60 days. At the end of the 60-60 day period the employee will be terminated unless they have provided valid documentation of their driving privilege being restoredterminated. Any employee terminated for loss of license can be reinstated at the sole discretion of the company provided the employee can confirm through documentation that they are in possession of a valid driver's ’s license issued in the jurisdiction they live no later than 12 months after the termination date and where a qualified position is available. Employees who are unable to reinstate their driving license within the 12-12 month period, but subsequently obtain a valid driver's ’s license, may re-apply for any open position, and if selected, may be rehired. Rehired employees will be treated as new employees, but may be entitled to bridge their years of service. With respect to the level of discipline, the company will entertain reasonable "exceptions" for loss of license that are proven by the employee to have occurred without the employee's ’s knowledge. The company, however, will not allow for an "exception" for and not limited to: nonpayment of tickets, failures to appear in court and/or situations where the employee failed to update the court/jurisdiction of a change/update in the license holder's ’s address. Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the earliest reasonable time of the loss of a driver’s license and/or driving privileges. Those who do are subject to the existing WG policy regarding loss of driver’s license. Disciplinary Action Guidelines 1st Step -: - Written Reprimand 2nd Step -2ndStep- Range: Written reprimand and 2 days suspension 3rd Step -- Range: Written reprimand and 5 days suspension 4th Step -- Range: Disciplinary Final Warning of Discharge and 10 days suspension 5th Step -: - Discharge Guidelines for Progressive Disciplinary Action (since last action) Infraction occurring under Step 1 remains on record for 12 months Infraction occurring under Step 2 remains on record for 12 months Infraction occurring under Step 3 remains on record for 27 36 months Infraction occurring under Step 4 remains on record for 39 48 months For an employee currently on a step of discipline, every 12 months that the employee does not incur an additional step of discipline, while actively performing work at or for Washington Gas or on workers' compensation, their current disciplinary step will drop by one step. step Driving Infraction Point System Employees may be subjected to progressive discipline for violating Company company policies and procedures related to safe driving, including violations supported by traffic citations, DriveCam or similar technology, GPS or similar technology, photo citations, or other similar means. Progressive discipline will be enacted when an employee exceeds the determined number of points related to driving violations and/or citations by the chart and verbiage below. Employees who total more than 5 points (and in points(andin 3 point increments thereafter) will thereafter)will be subject to progressive discipline. These point values may only be removed as follows: minus 3 points per every year of safe driving, not to exceed minus 9 while actively performing work at or for the Company or on workers' compensation 6; or after two (2) three consecutive years without an avoidable vehicle accident or traffic violation all accumulated points will be removed. Driving Violation Point Value *Avoidable Backing/Following too Close Accidents (Points Accidents(Points may be applicable to passenger, for example, when they are shown to be a distraction or did not aid in backing) 1 Following too Close (only when determined cited by Safety Dept. to have caused an avoidable accidentlaw enforcement) 1 3 Actual Occupant Smoking individualSmoking 2 Handling Electronic Devices electronic devices (ear piece wearing, cell phone use, Bluetooth, etc) 3 Rolling Stop or any other device and use as defined in the Electronic Device Usage PolicyRolling Red Light(Less than 11mph) 6 1 Failure to yield intersection right of way 2 Actual Unbelted Individual Actualunbeltedindividual 2 Rolling Stop or Rolling / Run Red Light and/or Light/Run Stop Sign (11Sign(11mph or more) 3 Aggressive/Reckless Driving (Includes speeding in excess of 20 mph over the speed limit that may be captured by 'Drive Cam' GPS like technology) 7 Passing a Loadingloading/Unloading School Bus bus 7 Speeding citations 1≤ 15mph=1, 16≤20mph=3, >20mph = 7 * Accidents resulting in less than $1,500 in damage (if red lights flashing early enough for driver to stop safely = 10 points) 10 damage assessment non-grievable), and without citation and/or OSHA reportable injury will not be assessed points A single driving incident involving multiple driving violations will result in point assessments for each violation in violationin the table above. For any violation/ticket issued to a company driver not covered on this list, points to be applied will be no greater great than the average of the points that would be accessed for the same violation in the Company's ’s franchise jurisdictions of DC, MD, and VA. Thereafter the Company will treat all similar subsequent violations consistently. Employees who are assessed points that do not result in formal disciplinary action under Annex DA are limited to the informal grievance process set forth under Article 18 of this contract. Supervisors shall have five (5) work days to schedule and hear an informal grievance upon written request/notification from the Union. The Company shall conduct and conclude all investigations of employee accidents, injuries, and drive cam related events within forty-five (45) days of the date the Company is notified and/or employee reports such accident/injury, provided however, that such time may be extended when the employee in question is off sick due to such accident/injury or is otherwise unavailable. In such cases, the 45-day period shall be extended by the number of days the employee was off sick/unavailable. In the event the Company fails to complete its investigation in a timely fashion, the injury/accident in question shall be considered "unavoidable" for purposes of this Annex. Note: In cases where an employee is on a Disciplinary Final Warning of Discharge, the circumstances of the present offense/violation may result in a discharge regardless of how long ago the Disciplinary Final Warning of Discharge was given. However, an employee may have such Disciplinary Final Warning of Discharge purged from his/her disciplinary record if he/she receives no discipline for sixty (60) months from the date the Disciplinary Final Warning of Discharge was imposed (or restated). When any discipline is imposed, the written warning form will be initialed by the employee concerned as well as by a representative of the Union, prior to the discipline being placed in the employee's ’s personnel file. In the event the employee or the Union representative refuses to initial the discipline form, such refusal will be noted on the discipline form and the notation shall be initialed by the Union and/or management representative(s) before the form is placed in the employee's ’s file. A copy of the disciplinary form will be supplied to the Union at the time the discipline is placed in the employee's ’s file. The personnel files maintained by the Human Resources Department will be the official Company files. ANNEX EF.

Appears in 1 contract

Samples: Agreement

Disciplinary Action Guidelines. The actual step (level of action) taken depends on the nature of the current incident as well as the employee's prior record. One or more steps may be skipped depending on the seriousness of the offense or violation. The Company encourages its supervisors to continue to discuss directly with employees any matters relating to their performance as such matters occur. There shall be a single disciplinary track for all misconduct, infractions, violations of rules, policies, procedures, etc., including vehicle infractions (moving [including camera-enforced speeding and red light violations] and parking violations). Employees must timely notify the Company of any traffic or parking tickets the employee receives in connection with operating or parking a Company vehicle. Employees shall be personally responsible for timely payment of traffic and parking fines incurred in the operation of a Company vehicle. Upon the Company's ’s notification to the employee and Union, it is the responsibility of the employee to follow the instructions on the traffic citation to either pay the fine or notify the court of their intent to contest the traffic citation and secure a court date. If the Company is required to pay a fine for a traffic or parking violation, the Company will identify the driver of the vehicle in question and will deduct the amount of such fine from that employee's ’s next pay check(s) with the employee's ’s written authorization. Reimbursement is due within thirty (30) days after the Company notifies the employee. Any employee who fails to pay a fine by the due date or refuses to provide written authorization will be disciplined. Discipline will be rescinded upon payment of the fine and/or reimbursement to the Company. No disciplinary action shall be taken against employees who timely pay fines for traffic citations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to drive a Company vehicle. Employees who do not self identify loss of license: Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the beginning of the first day returning to work of the loss of a driver's ’s license and/or driving privileges. Those who do are subject to the existing WG Vehicle Operation and Driver License Policy (#1106). Any employee who fails to self identify loss of his or her driver's drivers license will receive discipline at a level two steps above their current step (skip one step). The employee may not return to work until they can produce documentation confirming the restoration of their license and/or driving privilege. The employee Employee will remain suspended until a valid driver's ’s permit is restored but for no more than 60 days. At the end of the 60-60 day period the employee will be terminated unless they have provided valid documentation of their driving privilege being restored. Any employee terminated for loss of license can be reinstated at the sole discretion of the company provided the employee can confirm through documentation that they are in possession of a valid driver's ’s license issued in the jurisdiction they live no later than 12 months after the termination date and where a qualified position is available. Employees who are unable to reinstate their driving license within the 12-12 month period, but subsequently obtain a valid driver's ’s license, may re-apply for any open position, and if selected, may be rehired. Rehired employees will be treated as new employees, but may be entitled to bridge their years of service. With respect to the level of discipline, the company will entertain reasonable "exceptions" for loss of license that are proven by the employee to have occurred without the employee's ’s knowledge. The company, however, will not allow for an "exception" for and not limited to: nonpayment of tickets, failures to appear in court and/or situations where the employee failed to update the court/jurisdiction of a change/update in the license holder's ’s address. Disciplinary Action Guidelines 1st Step -: Written Reprimand 2nd Step -: Written reprimand and 2 days suspension 3rd Step -: Written reprimand and 5 days suspension 4th Step -: Disciplinary Final Warning of Discharge and 10 days suspension 5th Step -: Discharge Guidelines for Progressive Disciplinary Action (since last action) Infraction occurring under Step 1 remains on record for 12 months Infraction occurring under Step 2 remains on record for 12 months Infraction occurring under Step 3 remains on record for 27 months Infraction occurring under Step 4 remains on record for 39 months For an employee currently on a step of discipline, every 12 months that the employee does not incur an additional step of discipline, while actively performing work at or for Washington Gas or on workers' compensation, their current disciplinary step will drop by one step. Driving Infraction Point System Employees may be subjected to progressive discipline for violating Company policies and procedures related to safe driving, including violations supported by traffic citations, DriveCam or similar technology, GPS or similar technology, photo citations, or other similar means. Progressive discipline will be enacted when an employee exceeds the determined number of points related to driving violations and/or citations by the chart and verbiage below. Employees who total more than 5 points (and in 3 point increments thereafter) will be subject to progressive discipline. These point values may only be removed as follows: minus 3 points per every year of safe driving, not to exceed minus 9 while actively performing work at or for the Company or on workers' compensation or after two (2) consecutive years without an avoidable vehicle accident or traffic violation all accumulated points will be removed. Driving Violation Point Value *Avoidable Backing/Following too Close Accidents (Points may be applicable to passenger, for example, when they are shown to be a distraction or did not aid in backing) (only when determined by Safety Dept. to have caused an avoidable accident) 1 Actual Occupant Smoking 2 Handling Electronic Devices (ear piece wearing, cell phone use, Bluetooth, or any other device and use as defined in the Electronic Device Usage Policy) 6 Failure to yield intersection right of way 2 Actual Unbelted Individual 2 Rolling Stop or Rolling / Run Red Light and/or Stop Sign (11mph or more) 3 Aggressive/Reckless Driving (Includes speeding in excess of 20 mph over the speed limit that may be captured by 'Drive Cam' GPS like technology) 7 Passing a Loading/Unloading School Bus (if red lights flashing early enough for driver to stop safely = 10 points) 7 or 10 A single driving incident involving multiple driving violations will result in point assessments for each violation in the table above. For any violation/ticket issued to a company driver not covered on this list, points to be applied will be no greater than the average of the points that would be accessed for the same violation in the Company's ’s franchise jurisdictions of DC, MD, and VA. Thereafter the Company will treat all similar subsequent violations consistently. Employees who are assessed points that do not result in formal disciplinary action under Annex DA are limited to the informal grievance process set forth under Article 18 of this contract. Supervisors shall have five (5) work days to schedule and hear an informal grievance upon written request/notification from the Union. The Company shall conduct and conclude all investigations of employee accidents, injuries, and drive cam related events within forty-five (45) days of the date the Company is notified and/or employee reports such accident/injury, provided however, that such time may be extended when the employee in question is off sick due to such accident/injury or is otherwise unavailable. In such cases, the 45-day period shall be extended by the number of days the employee was off sick/unavailable. In the event the Company fails to complete its investigation in a timely fashion, the injury/accident in question shall be considered "unavoidable" for purposes of this Annex. Note: In cases where an employee is on a Disciplinary Final Warning of Discharge, the circumstances of the present offense/violation may result in a discharge regardless of how long ago the Disciplinary Final Warning of Discharge was given. However, an employee may have such Disciplinary Final Warning of Discharge purged from his/her disciplinary record if he/she receives no discipline for sixty (60) months from the date the Disciplinary Final Warning of Discharge was imposed (or restated). When any discipline is imposed, the written warning form will be initialed by the employee concerned as well as by a representative of the Union, prior to the discipline being placed in the employee's ’s personnel file. In the event the employee or the Union representative refuses to initial the discipline form, such refusal will be noted on the discipline form and the notation shall be initialed by the Union and/or management representative(s) before the form is placed in the employee's ’s file. A copy of the disciplinary form will be supplied to the Union at the time the discipline is placed in the employee's ’s file. The personnel files maintained by the Human Resources Department will be the official Company files. ANNEX EF.

Appears in 1 contract

Samples: Labor Contract

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Disciplinary Action Guidelines. The actual step (level of action) taken depends on the nature of the current incident as well as the employee's ’s prior record. One or more steps may be skipped depending on the seriousness of the offense or violation. The Company encourages its supervisors to continue to discuss directly with employees any matters relating to their performance as such matters occur. There shall be a single disciplinary track for all misconduct, infractions, violations of rules, policies, procedures, etc., including vehicle infractions (moving [including camera-enforced speeding and red light violations] and parking violations)) and avoidable injuries and accidents. Employees must timely notify the Company of any traffic or parking tickets the employee receives in connection with operating or parking a Company vehicle. Employees shall be personally responsible for timely payment of traffic and parking fines incurred in the operation of a Company vehicle. Upon the Company's notification No disciplinary action shall be taken against employees who timely pay fines for parking violations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to the employee and Union, it is the responsibility of the employee to follow the instructions on the traffic citation to either pay the fine or notify the court of their intent to contest the traffic citation and secure drive a court dateCompany vehicle. If the Company is required to pay a fine for a traffic or parking violation, the Company will identify the driver of the vehicle in question and will deduct the amount of such fine from that employee's ’s next pay check(s) with the employee's written authorization. Reimbursement is due within thirty (30) days after the Company notifies the employee. Any employee who fails to pay a fine by the due date or refuses to provide written authorization will be disciplined. Discipline will be rescinded upon payment of the fine and/or reimbursement to the Company. No disciplinary action shall be taken against employees who timely pay fines for traffic citations not resulting in property damage or personal injury incidents unless such violation(s) result in loss or suspension of privilege to drive a Company vehicle). Employees who do not self identify loss of license: Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the beginning of the first day returning to work of the loss of a driver's license and/or driving privileges. Those who do are subject to the existing WG Vehicle Operation and Driver License Policy (#1106). Any employee who fails to self identify loss of his or her driver's drivers license will be suspended for no less than 5 days without pay and receive discipline at a level two steps above their current step (skip one step). The employee may not return to work until they can produce documentation confirming the restoration of their license and/or driving privilege. The If the license and/or driving privilege cannot be restored within the initial 5 days suspension, the employee will remain suspended until a valid driver's ’s permit is restored but for no more than 60 days. At the end of the 60-60 day period the employee will be terminated unless they have provided valid documentation of their driving privilege being restoredterminated. Any employee terminated for loss of license can be reinstated at the sole discretion of the company provided the employee can confirm through documentation that they are in possession of a valid driver's ’s license issued in the jurisdiction they live no later than 12 months after the termination date and where a qualified position is available. Employees who are unable to reinstate their driving license within the 12-12 month period, but subsequently obtain a valid driver's ’s license, may re-apply for any open position, and if selected, may be rehired. Rehired employees will be treated as new employees, but may be entitled to bridge their years of service. With respect to the level of discipline, the company will entertain reasonable "exceptions" for loss of license that are proven by the employee to have occurred without the employee's ’s knowledge. The company, however, will not allow for an "exception" for and not limited to: nonpayment of tickets, failures to appear in court and/or situations where the employee failed to update the court/jurisdiction of a change/update in the license holder's ’s address. Employees must notify the company in writing (paperwork provided by the department of motor vehicles) at the earliest reasonable time of the loss of a driver’s license and/or driving privileges. Those who do are subject to the existing WG policy regarding loss of driver’s license. Disciplinary Action Guidelines 1st Step -: - Written Reprimand 2nd Step -- Range: Written reprimand and 2 days suspension 3rd Step -- Range: Written reprimand and 5 days suspension 4th Step -- Range: Disciplinary Final Warning of Discharge and 10 days suspension 5th Step -: - Discharge Guidelines for Progressive Disciplinary Action (since last action) Infraction occurring under Step 1 remains on record for 12 months Infraction occurring under Step 2 remains on record for 12 months Infraction occurring under Step 3 remains on record for 27 36 months Infraction occurring under Step 4 remains on record for 39 48 months For an employee currently on a step of discipline, every 12 months that the employee does not incur an additional step of discipline, while actively performing work at or for Washington Gas or on workers' compensation, their current disciplinary step will drop by one step. step Driving Infraction Point System Employees may be subjected to progressive discipline for violating Company company policies and procedures related to safe driving, including violations supported by traffic citations, DriveCam Drive Cam or similar technology, GPS or similar technology, photo citations, or other similar means. Progressive discipline will be enacted when an employee exceeds the determined number of points related to driving violations and/or citations by the chart and verbiage below. Employees who total more than 5 points (and in 3 point increments thereafter) will be subject to progressive discipline. These point values may only be removed as follows: minus 3 points per every year of safe driving, not to exceed minus 9 while actively performing work at or for the Company or on workers' compensation 6; or after two (2) three consecutive years without an avoidable vehicle accident or traffic violation all accumulated points will be removed. Driving Violation Point Value *Avoidable Backing/Following too Close Accidents (Points may be applicable to passenger, for example, when they are shown to be a distraction or did not aid in 1 backing) Following too Close (only when determined cited by Safety Dept. to have caused an avoidable accidentlaw enforcement) 1 3 Actual Occupant individual (WG 4/15/15) Smoking 2 Handling Electronic Devices electronic devices (ear piece wearing, cell phone use, Bluetooth, etc) 3 Rolling Stop or any other device and use as defined in the Electronic Device Usage PolicyRolling Red Light (Less than 11mph) 6 1 Failure to yield intersection right of way 2 Actual Unbelted Individual unbelted individual 2 Rolling Stop or Rolling / Run Red Light and/or Light/Run Stop Sign (11mph or more) 3 Aggressive/Reckless Driving (Includes speeding in excess of 20 mph over the speed limit that may be captured by 'Drive Cam' GPS like 7 technology) 7 Passing a Loadingloading/Unloading School Bus bus 7 1≤ 15mph=1, Speeding citations 16≤20mph=3,>20mph = 7 (if red lights flashing early enough for driver to stop safely = 10 pointsWG 4/13/15) 10 * Accidents resulting in less than $1,500 in damage (damage assessment non-grievable), and without citation and/or OSHA reportable injury will not be assessed points A single driving incident involving multiple driving violations will result in point assessments for each violation in the table above. above For any violation/ticket issued to a company driver not covered on this list, points to be applied will be no greater great than the average of the points that would be accessed for the same violation in the Company's ’s franchise jurisdictions of DC, MD, and VA. Thereafter the Company will treat all similar subsequent violations consistently. Employees who are assessed points that do not result in formal disciplinary action under Annex DA are limited to the informal grievance process set forth under Article 18 of this contract. Supervisors shall have five (5) work days to schedule and hear an informal grievance upon written request/notification from the Union. The Company shall conduct and conclude all investigations of employee accidents, injuries, and drive cam related events within forty-five (45) days of the date the Company is notified and/or employee reports such accident/injury, provided however, that such time may be extended when the employee in question is off sick due to such accident/injury or is otherwise unavailable. In such cases, the 45-day period shall be extended by the number of days the employee was off sick/unavailable. In the event the Company fails to complete its investigation in a timely fashion, the injury/accident in question shall be considered "unavoidable" for purposes of this Annex. Note: In cases where an employee is on a Disciplinary Final Warning of Discharge, the circumstances of the present offense/violation may result in a discharge regardless of how long ago the Disciplinary Final Warning of Discharge was given. However, an employee may have such Disciplinary Final Warning of Discharge purged from his/her disciplinary record if he/she receives no discipline for sixty (60) months from the date the Disciplinary Final Warning of Discharge was imposed (or restated). When any discipline is imposed, the written warning form will be initialed by the employee concerned as well as by a representative of the Union, prior to the discipline being placed in the employee's ’s personnel file. In the event the employee or the Union representative refuses to initial the discipline form, such refusal will be noted on the discipline form and the notation shall be initialed by the Union and/or management representative(s) before the form is placed in the employee's ’s file. A copy of the disciplinary form will be supplied to the Union at the time the discipline is placed in the employee's ’s file. The personnel files maintained by the Human Resources Department will be the official Company files. ANNEX EF

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Samples: Agreement

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