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Common use of Disciplinary Matters Clause in Contracts

Disciplinary Matters. 9.01 A Union Committeeperson or an alternate Union Committeeperson will be present at a meeting between the Employer and an employee who has successfully completed his probationary period, where the purpose of the meeting is to issue discipline that will be placed upon the employee’s disciplinary record, provided the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 An employee who has successfully completed his probationary period who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where the Employer discharges an employee who has successfully completed his probationary period, and who is on the Employer premises at the time of such discharge, the employee will be given, provided a Union Committeeperson or alternate Union Committeeperson is on the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premises. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, in the opinion of the Employer acting reasonably, that the employee leave the Employer’s premises immediately. 9.04 A copy of any written discipline, notice of suspension or dismissal will be provided to the Unit Committeeperson or Unit Chairperson. The Company agrees no bargaining unit employee will be removed from the plant for suspension until the Union has had two (2) working days to investigate the alleged violation unless the employee has been insubordinate, committed an offence that is of a violent nature or may endanger themselves and/or other employees. Should the suspension occur, the Company will determine the day(s) the suspension will take place. 9.05 Verbal and written warnings shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after nine (9) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after twelve (12) months from the date of issue, provided no additional discipline is imposed within the twelve (12) month period.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Disciplinary Matters. 9.01 A Union Committeeperson or 5.1 So as not to prejudice the right of the employer to discipline an alternate Union Committeeperson will be present at employee for misconduct and to safeguard the right of the employee to a meeting between fair trial/hearing: When the Employer and has reason to believe an employee who incident(s) has successfully completed his probationary periodoccurred which might constitute grounds for discipline, where the purpose of the meeting is to issue discipline that will be placed upon the employee’s disciplinary record, provided the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 it shall conduct an investigation An employee who has successfully completed his probationary period who is discharged whose work or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where the Employer discharges an employee who has successfully completed his probationary period, and who is on the Employer premises at the time of such discharge, the employee will be given, provided a Union Committeeperson or alternate Union Committeeperson is on the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premises. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, unsatisfactory or who otherwise commits a misconduct which in the opinion of the Employer acting reasonablyemployer does not warrant summary dismissal shall be warned in writing. Before an employee is issued with a letter of warning, that he/she shall be warned verbally and the employee leave shall be given the Employer’s premises immediately. 9.04 A copy of any written discipline, notice of suspension or dismissal will be provided opportunity to make verbal explanation on the Unit Committeeperson or Unit Chairpersonmatter. The Company agrees no bargaining unit employee will shall also have the right to be removed from the plant for suspension until the Union has had accompanied by not more than two (2) working days to investigate the alleged violation unless the employee has been insubordinate, committed an offence that is of a violent nature or may endanger themselves and/or other employeesaccredited Union representative(s) when making verbal explanation. Should the suspension occur, the Company will determine the day(s) the suspension will take place. 9.05 Verbal The first and written second warnings shall be removed from an recorded in the employee’s disciplinary file and not relied upon by copied to the Employer for disciplinary purposes after nine chapter/Branch Secretary. The third and fourth warnings shall be copied to the Secretary General and the chapter/Branch Secretary. If an employee completes six (96) months from the date of issue. Suspensions her/his last warning without further offence , any warning recorded in his/her file shall be removed from an employee’s disciplinary file and not relied upon deemed to have been cancelled. All warning letters issued shall be subject to written appeal by the Employer for disciplinary purposes after twelve employee to the issuing office within fourteen (1214) months days from the date of issue, provided no additional discipline is imposed the receipt of the warning. Consideration to such appeal shall be given by the employer within thirty (30) days from the date the employer receives a written appeal. If within the twelve thirty (1230) month perioddays the employee does not receive a reply from the employer, then the warning shall be deemed to have been cancelled. The employer shall use a delivery book when issuing the warning letter and any appeal thereto shall be delivered by hand personally by the employee to the issuing officer who shall acknowledge official receipt thereof. If an employee who had already received four (4) warnings commits a fifth offence within six (6) months, he/she shall be terminated as per clause 19.2.3 of this agreement and subject to disciplinary procedures. Prior to imposing disciplinary action, the Head of Department shall hold a disciplinary meeting with the Union Member to discuss the charge(s) against the Member and provide the Member with an opportunity to present his or her case. The Union Member shall be given the opportunity to be accompanied and or represented by not more than two (2) accredited Union representatives at each disciplinary meeting, who shall have the right to actively participate in the proceedings up to the end. If the matter is not disposed of by mutual agreement at the disciplinary meeting and the University decides to impose discipline more severe than a letter of reprimand, the Union Member shall be sent a written statement of the charges and the discipline imposed, the same shall be copied to the Union Secretary General/Branch Secretary. Such statement will be signed by the administrator imposing discipline and initiated by the relevant Authority. Unless the Member and representatives from both the Union and the University agree to a shorter time, the University shall notify both the Union Member and the Union of the specific charge(s) to be discussed at the meeting at least five (5) working days prior to the disciplinary meeting. A member of staff whose services have been terminated has a right of appeal. Such an appeal will be responded to within fourteen (14) days. The member of staff shall be accompanied by two (2) accredited union representatives in the Appeals Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disciplinary Matters. 9.01 A Union Committeeperson or an alternate Union Committeeperson will be present at a meeting between the Employer and an employee who has successfully completed his probationary period, where the purpose of the meeting is to issue discipline that will be placed upon the employee’s disciplinary record, provided the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 An employee who has successfully completed his probationary period who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where the Employer discharges an employee who has successfully completed his probationary period, and who is on the Employer premises at the time of such discharge, the employee will be given, provided a Union Committeeperson or alternate Union Committeeperson is on the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premises. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, in the opinion of the Employer acting reasonably, that the employee leave the Employer’s premises immediately. 9.04 A copy of any written discipline, notice of suspension or dismissal will be provided to the Unit Committeeperson or Unit Chairperson. The Company agrees no bargaining unit employee will be removed from the plant for suspension until the Union has had two (2) working days to investigate the alleged violation unless the employee has been insubordinate, committed an offence that is of a violent nature or may endanger themselves and/or other employees. Should the suspension occur, the Company will determine the day(s) the suspension will take place. 9.05 Verbal and written warnings shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after nine (9) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after twelve (12) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after eighteen (18) months from the date of issue, provided no additional discipline is imposed within the twelve eighteen (1218) month period.

Appears in 1 contract

Samples: Collective Agreement

Disciplinary Matters. 9.01 A Union Committeeperson or an alternate Union Committeeperson will be present at a meeting between the Employer and an employee who has successfully completed his probationary period, where the purpose 10.1 Employees relieved of duty for alleged violations of the meeting law and/or department rules will remain on full salary and allowances until final action is taken by the Town. Such final action shall be any determination by the Chief of Police or his designated representative to issue discipline that will be placed demote, suspend, terminate, or otherwise move to affect the pay and benefits of an officer. The Town, in its discretion, may suspend without pay any employee immediately upon the employee being formally charged with a felony or misdemeanor involving false statement by law enforcement, indicted by any grand jury or upon information being filed against him/her by any prosecuting, or law enforcement official. Such suspension shall continue until the employee is tried and acquitted, the information or indictment is quashed or dismissed, or a court of competent jurisdiction dismisses the criminal charge(s), whereupon the particular employee shall be reinstated and entitled to back pay for the period of suspension without pay less any pay withheld by the Town as a result of disciplinary action taken against the employee’s disciplinary record, provided the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 An employee who has successfully completed his probationary period who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where the Employer discharges an employee who has successfully completed his probationary period, and who is on less any sums earned by the Employer premises at person in any other employment during the time period of such discharge, suspension. The Town may terminate the employee will be given, provided a Union Committeeperson or alternate Union Committeeperson at any time it feels the relevant facts warrant such action. When such disciplinary action is on taken the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premisesprocedures in this Agreement shall prevail. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, in the opinion of the Employer acting reasonably, that the employee leave the Employer’s premises immediately. 9.04 A copy of any written discipline, notice of suspension or dismissal will be provided to the Unit Committeeperson or Unit Chairperson. The Company agrees no bargaining unit employee will be removed from the plant for suspension until the Union has had two (2) working days to investigate the alleged violation unless the If an employee has been insubordinate, committed an offence that is tried and found guilty of a violent nature felony or misdemeanor, involving moral turpitude, and his conviction is not reversed, he/she shall automatically forfeit his/her position with the Town and shall not thereafter be eligible for such employment. This rule applies regardless of whether the person is placed on probation or given a suspended sentence. 10.2 Employees shall not be dismissed or disciplined resulting in loss of pay of benefits except for just cause. Discipline shall be administered in accordance with Departmental Directives, as amended from time to time, which are hereby incorporated by reference. However, probationary police officers can be terminated and probationary police sergeants and police lieutenants can be demoted, without just cause and are not entitled to the procedures set forth in 10.3 Probationary periods for employees shall be one year. This period may endanger themselves and/or be extended by the Chief of Police at his/her discretion on a one-time basis for no more than ninety (90) days. 10.4 Any employee, other employeesthan those excluded under Article 10.2, who has been suspended for three (3) or more days, demoted or terminated for just cause may request arbitration no later than fourteen (14) calendar days after said action has been effectuated or the employee becomes aware of said action. Should Disciplinary actions with less than three (3) days suspension, including written warnings and reprimands, are not arbitrable and are final. 10.4.1 After giving notice of appeal to binding arbitration to the suspension occurTown, the Company will determine Association has thirty (30) days to request the day(s) names of seven arbitrators from the suspension will take placeFederal Mediation and Conciliation Service ("FMCS"). The parties shall select an arbitrator from the list provided by method of alternate striking of names, with the Town striking first. The final name in the list shall be the arbitrator. 9.05 Verbal 10.4.2 The fees for such arbitrator and his expenses will be split evenly between the parties. It is contemplated that the Town and the Association may be able to mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of failure of the parties to so agree on a statement of issue(s) to be submitted, the Town and the Association shall submit a statement of issue(s) to the arbitrator. In the event of the failure of the parties to so agree, the arbitrator shall confine his consideration to the written warnings statement and issue(s) raised. 10.4.3 The binding award shall be removed from an employee’s disciplinary file final and not relied upon by the Employer for disciplinary purposes after nine (9) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after twelve (12) months from the date of issue, provided no additional discipline is imposed within the twelve (12) month periodbinding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disciplinary Matters. 9.01 A Union Committeeperson or an alternate Union Committeeperson will be present at a meeting between the Employer and an employee who has successfully completed his probationary period, where the purpose of the meeting is to have a discussion that may lead to discipline or issue discipline that will be placed upon the employee’s disciplinary record, provided the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 An employee who has successfully completed his probationary period who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where a member of the Employer Senior Management Team discharges an employee who has successfully completed his probationary period, and who is on the Employer premises at the time of such discharge, the employee will be given, provided a Union Committeeperson or alternate Union Committeeperson is on the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premises. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, in the opinion of the Employer acting reasonably, that the employee leave the Employer’s premises immediately. 9.04 A copy of any written discipline, notice of suspension or dismissal will be provided to the Unit Committeeperson or Unit Chairperson. The Company agrees no bargaining unit employee will be removed from the plant for suspension until the Union has had two (2) working days to investigate the alleged violation unless the employee has been insubordinate, committed an offence that is of a violent nature or may endanger themselves and/or other employees. Should the suspension occur, the Company will determine the day(s) the suspension will take place. 9.05 Verbal and written warnings shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after nine (9) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after twelve (12) months from the date of issue, provided no additional discipline is imposed within the twelve (12) month period.

Appears in 1 contract

Samples: Collective Agreement

Disciplinary Matters. 9.01 A Union Committeeperson 15.1 The disciplinary rules and procedures can be found in the HR Policy framed by the Company or an alternate Union Committeeperson Staff Handbook or Employment Standing Order of the Company. The disciplinary procedure does not form part of your Agreement of employment and will not have contractual effect. 15.2 In case of gross negligence insubordination, fraud, disobedience of order, misbehavior with the seniors or any misconduct alleged against the Employee or breach of any terms and conditions of this agreement, you will be present liable for suspension pending any enquiry for which no wages shall be paid to the Employee. If the Employee is found to be guilty of services then he will be terminated forthwith and the Employee shall not be entitled to any notice or compensation. 15.3 Apart from this agreement, If at a meeting between any time the Employer Management is of opinion, which will be final in the matter, that the Employee is found indulging in any conduct considered by the Company as detrimental to the interest or of violation of one or more terms and an employee who has successfully completed his probationary period, where the purpose conditions of the meeting is to issue discipline Company’s welfare, the Employee’s services can be terminated without notice and compensation. If at any time the company finds that will be placed upon the employee’s disciplinary record, provided information supplied by the Union Committeeperson or alternate Union Committeeperson is on the Employer’s property. 9.02 An employee who has successfully completed his probationary period who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within three working days after such discharge or suspension. 9.03 Where the Employer discharges an employee who has successfully completed his probationary period, and who is on the Employer premises Employee at the time of such dischargeappointment or later on is false, it would entail automatic termination of the services of the Employee without notice or compensation. 15.4 In any case you have left this company, the employee Employee will not be givenallowed to join any other company, provided which is already performing the same function as of this company for a Union Committeeperson or alternate Union Committeeperson period of one year. 15.5 The Employee is on strictly advised not to do any act publically, which affects the plant property, a reasonable opportunity to interview said Union Committeeperson or alternate Union Committeeperson, prior to leaving the premises. Such a right shall not apply where the employee’s conduct is such that it becomes necessary, in the opinion image of the Employer acting reasonablycompany and other employees and not to take the grievances, that disputes or anything else related to the employee leave company publically or to any lawful authority and will not do any act which will hamper the Employer’s premises immediatelywork of company in any kind before taking them to the machinery appointed by company for the settlement of disputes and grievances or anything else, you also have to give reasonable time to company for settle the dispute amicably. 9.04 A copy of 15.6 The Employee’s conviction by any written discipline, notice of suspension or dismissal criminal court for offence that involve moral tripped will be provided make an end to the Unit Committeeperson or Unit Chairperson. The Company agrees no bargaining unit employee will be removed from employment with the plant for suspension until the Union has had two (2) working days to investigate the alleged violation unless the employee has been insubordinate, committed an offence that is of a violent nature or may endanger themselves and/or other employees. Should the suspension occur, the Company will determine the day(s) the suspension will take placeCompany. 9.05 Verbal and written warnings shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after nine (9) months from the date of issue. Suspensions shall be removed from an employee’s disciplinary file and not relied upon by the Employer for disciplinary purposes after twelve (12) months from the date of issue, provided no additional discipline is imposed within the twelve (12) month period.

Appears in 1 contract

Samples: Employment Agreement