DISCIPLINARY PRINCIPLES Sample Clauses

DISCIPLINARY PRINCIPLES. 5.1 Disciplinary processes will be undertaken in accordance with the Academic Staff Disciplinary Procedures and the principles of procedural fairness and good faith. Where appropriate, any concerns about staff conduct and performance will be dealt with informally.
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DISCIPLINARY PRINCIPLES. ‌ 6.1 Disciplinary processes will be undertaken in accordance with the Academic Staff Disciplinary Procedures and the principles of procedural fairness and good faith. Where appropriate, any concerns about staff conduct and performance will be dealt with informally. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the employee will: (a) Be fully and fairly informed of the allegation of allegations against them; (b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/poor performance, including by being: i. Provided with all information generated by the investigation; ii. Notified of potential disciplinary outcomes at the outset; and (c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. (d) Have their responses considered with an open mind; (e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (except in the case of serious misconduct or after a final written warning); (f) Have the right to representation at all stages of the process. The Employer also agrees that: (a) Any delegate or investigator appointed to conduct an investigation will investigate fully, fairly and impartially; (b) Any warnings will be issues with the approval of a Human Resources Manager or Advisor; (c) In circumstances where disciplinary action is taken, the decision and the reasons for it, will be provided in writing to the employee; and (d) Employees shall be advised of their right to challenge any disciplinary decision. Both the employer and employee will act in good faith during any disciplinary process. Both parties agree to conduct themselves in a manner that is active, constructive, responsive and communicative to ensure that a productive employment relationship is maintained through the process.
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DISCIPLINARY PRINCIPLES. The Employer believes that a clearly written discipline policy will serve to promote fairness and equality in the work place, and will minimize potential misunderstandings among Employees in disciplinary matters. Furthermore, the Employer believes that certain basic principles, set forth below, must consistently be applied in order to effectively and fairly correct unsatisfactory job behavior. (A) Employees shall be advised of expected job behavior and the types of conduct that the department has determined to be unacceptable behavior. (B) Immediate attention shall be given to policy infractions. (C) Discipline shall be applied uniformly and consistently throughout the department and any deviations from standard procedure must be well documented. (D) Each offense shall be dealt with as objectively as possible. (E) Discipline shall be progressive, except when the infraction or misconduct is of such a dire nature that a greater penalty is appropriate. (F) An Employee's immediate Supervisor, Administrator, Director and/or Board of Commissioners shall be responsible for recommending/administering discipline. (G) A Union representative shall be permitted to represent a Bargaining Unit member at any meeting or hearing relative to discipline of that member at the discretion of the Bargaining Unit member. Upon request of a bargaining unit member, an employee union representative shall be permitted to be present as an observer during any meeting in which a bargaining unit member is required to respond to questioning in an investigative interview which could lead to disciplinary action against that bargaining unit member. (H) A pre-disciplinary hearing on any charges other than a written or verbal reprimand shall be provided before formal charges are made. A notice of a pre-disciplinary hearing shall be provided to the Employee which shall state, in general terms, the reason for the pre-disciplinary hearing. The notice shall fix the time and date for the pre- disciplinary hearing, which shall not be within twenty-four hours after delivery of the notice. A copy of a notice of a pre-disciplinary hearing shall be provided to the Union President, unless otherwise specified by the employee. (I) A pre-disciplinary hearing shall not be necessary when the actions of the Employee require his/her immediate physical removal from the premises. A pre- disciplinary hearing shall be held within three (3) working days of the suspension.
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DISCIPLINARY PRINCIPLES a. The parties to this Collective Agreement are committed to working together to create a responsive, enthusiastic and respectful work environment, one dedicated to providing quality, cost effective public services; achieving high standards of personal and group performance; and resolving issues constructively and for the common good. To that end, the parties are committed to: i. Creating a workplace that requires Employees and management to demonstrate mutual respect; ii. Building a progressive labour management relationship that provides the Employer with the opportunity to meet legitimate corporate interest; iii. Maintaining the dignity of Employees; iv. Providing support and guidance to those Employees required to improve performance; and v. Providing safeguards against unjust discipline by adhering to a sound discipline policy that encourages self-rehabilitation. b. The intent is that discipline should be progressive and begin with a verbal warning, however depending on the seriousness of the offence the Employer reserves the right to administer discipline appropriate and proportionate to the offence. c. Subject to the above, the normal pattern for progressive discipline shall be: i. A first level reprimand, ii. A second level reprimand, iii. A third level reprimand and one (1) day suspension without pay, iv. A fourth level reprimand and three (3) day suspension without pay, v. Dismissal. d. An occurrence of previous discipline shall not be used to support a higher level of discipline of a subsequent offence if twenty-four (24) months have passed without any intervening disciplinary offences. Any month in which the Employee is absent for ten (10) or more working days shall not count towards this period. e. An Employee shall not be dismissed without just cause. In a case of dismissal, the Employee will be notified in writing of the reasons for the dismissal and given the opportunity to meet with Human Resources and Town Manager (or their delegates) with the assistance of a Xxxxxxx or Union Representative, if requested, to review the facts outlined in the dismissal letter.
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DISCIPLINARY PRINCIPLES. 29.1 Disciplinary processes shall be undertaken in accordance with the Disciplinary Procedures for Professional Staff and the principles of procedural fairness and good faith.
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DISCIPLINARY PRINCIPLES. 54.1 The University is committed to ensuring procedural fairness with respect to all decisions made on the taking of Disciplinary Action against any of its Employees. All decisions to terminate employment shall be in accordance with this Agreement. 54.2 Where the University has formed the view that Disciplinary Action is to be taken, the Employee will be allowed the opportunity to present any evidence that they may seek to rely on as mitigating circumstances or other matters in their defence. 54.3 An Employee whose conduct is subject to the clauses of this Part of the Agreement may seek advice and assistance from a representative of the Union or a support person. 54.4 Once a matter has commenced under this Part of the Agreement neither the University nor the affected Employee or the Union can refer the matter to be dealt with under the University grievance processes or under the Dispute Resolution procedures contained in Clause 60- Dispute Resolution of this Agreement. 54.5 If the allegations are of a type that may lead to termination of employment, the Employee may be suspended immediately with or without pay. 54.5.1 During any period of suspension, the Employee may be excluded from the University provided that they will be permitted reasonable access to the institution for the preparation of their response and to collect personal property. 54.5.2 Suspension may occur at any time during the processes relating to unsatisfactory performance or misconduct. 54.5.3 Suspension without pay will not be unduly long as a result of actions or omissions of the University.
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Related to DISCIPLINARY PRINCIPLES

  • Basic Principles The Electrical Contractor and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational common-sense methods.

  • Disciplinary Procedures The employing authority should ensure that all employees are aware of the disciplinary rules and procedures that apply. All employees should also be aware to whom they can apply if they are dissatisfied with any disciplinary decision. These procedures should accord with legal requirements and with the ACAS Code of Practice and guidance.

  • Disciplinary Procedure 20.01 All employees shall have the following rights: A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure. B. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of the exercise of his rights under this procedure. 20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated. 20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action. 20.04 Before any discipline is imposed, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, the department head may impose the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition of a suspension without pay, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedure. 20.05 The Union on behalf of all the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commission. 20.06 Discipline shall not be implemented until either: 1. the matter is settled, or 2. the employee fails to file a grievance within the time frame provided by this procedure, or 3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or 4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitration.

  • Disciplinary Matters 2.6.1 Prior to the imposition of any disciplinary penalty, the Company shall hold a Disciplinary Interview, which shall replace Step 1 of the grievance process. 2.6.2 The Company shall provide the Union and any employees who may be disciplined three (3) days’ notice of the Interview. 2.6.3 The Interview shall take place between the Company, the Union and the accused individual. 2.6.4 The Company shall set out its allegations and except where the allegations could constitute a criminal offence, the Union or the individual(s) shall set out their version of the events. Minutes, but not a transcript, of the Interview setting out the substance of the discussion shall be taken. 2.6.5 The minutes of the meeting shall be provided to the Union and the accused individual(s) within seven (7) days of the Interview. 2.6.6 The Union and the accused individual(s) shall forward a written reply to the minutes, if any, within seven (7) days of receipt of the minutes. 2.6.7 Should the Company choose to impose discipline, the Union has ten (10) days to file a grievance commencing at Step 2. 2.6.8 Nothing in the disciplinary interview process is intended to interfere with the Company’s right to investigate matters.

  • Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,”) as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

  • Disciplinary Process (a) Prior to disciplining an Employee, the Employer will notify the Unit 5 Chairperson, with a copy to the President of Unifor Local 5555, of the nature of the alleged offence. (b) Following notification of the Unit 5 Chairperson, the Employer will meet with the Employee and a Union Representative. At this meeting, the Employer will advise the Employee of the alleged offence and provide the Employee with an opportunity to respond. (c) Within 10 days following this meeting or any additional meeting that the Employer may require, the Employer will decide whether or not discipline is to be imposed, and, if so, at what level, and this decision will be communicated orally and in writing at a meeting with the Employee and Union Representative. A copy of the written decision will be provided to the Unit 5 Chairperson with a copy to the President of Unifor Local 5555. The 10-day timeline will be extended in circumstances where the Employee and/or the Union Representative are unable to meet within the timeline or where the nature of the investigation requires more time. The Employer will notify the Union as soon as practicable in these scenarios. (d) In cases of suspension without pay, the suspension will be served beginning on one of the following two dates: i. if the decision to suspend is not subject to a grievance, the first date the employee is scheduled to work following 5 Working Days from the date the suspension was communicated to the Employee; and ii. if the decision to suspend is subject to a grievance, the first date the employee is scheduled to work following a denial of the grievance at Step 3.

  • Applicable Principles Subject to the provisions of this Agreement, the Realized Tax Benefit or Realized Tax Detriment for each Taxable Year is intended to measure the decrease or increase in the Actual Tax Liability of the Corporation for such Taxable Year attributable to the Basis Adjustments and Imputed Interest, as determined using a “with and without” methodology described in Section 2.4(a). Carryovers or carrybacks of any tax item attributable to any Basis Adjustment or Imputed Interest shall be considered to be subject to the rules of the Code and the Treasury Regulations or the appropriate provisions of U.S. state and local tax law, as applicable, governing the use, limitation and expiration of carryovers or carrybacks of the relevant type. If a carryover or carryback of any tax item includes a portion that is attributable to a Basis Adjustment or Imputed Interest (a “TRA Portion”) and another portion that is not (a “Non-TRA Portion”), such portions shall be considered to be used in accordance with the “with and without” methodology so that: (i) the amount of any Non-TRA Portion is deemed utilized first, followed by the amount of any TRA Portion (with the TRA Portion being applied on a proportionate basis consistent with the provisions of Section 3.3(a)); and (ii) in the case of a carryback of a Non-TRA Portion, such carryback shall not affect the original “with and without” calculation made in the prior Taxable Year. The Parties agree that, subject to the second to last sentence of Section 2.1(a), all Tax Benefit Payments attributable to an Exchange will be treated as subsequent upward purchase price adjustments that give rise to further Basis Adjustments for the Corporation beginning in the Taxable Year of payment, and as a result, such additional Basis Adjustments will be incorporated into such Taxable Year continuing for future Taxable Years until any incremental Basis Adjustment benefits with respect to a Tax Benefit Payment equals an immaterial amount.

  • Governing Principles 1. The implementation of this Memorandum of Understanding shall in all aspects be governed by the Regulation and subsequent amendments thereof. 2. The objectives of the EEA Financial Mechanism 2014-2021 shall be pursued in the framework of close co-operation between the Donor States and the Beneficiary State. The Parties agree to apply the highest degree of transparency, accountability and cost efficiency as well as the principles of good governance, partnership and multi-level governance, sustainable development, gender equality and equal opportunities in all implementation phases of the EEA Financial Mechanism 2014-2021. 3. The Beneficiary State shall take proactive steps in order to ensure adherence to these principles at all levels involved in the implementation of the EEA Financial Mechanism 2014-2021. 4. No later than 31/12/2020, the Parties to this Memorandum of Understanding shall review progress in the implementation of this Memorandum of Understanding and thereafter agree on reallocations within and between the programmes, where appropriate. The conclusion of this review shall be taken into account by the National Focal Point when submitting the proposal on the reallocation of the reserve referred to in Article 1.11 of the Regulation.

  • Disciplinary Sanctions The Company shall not be required to engage in the three-step dispute resolution process prior to imposing disciplinary sanctions for violation of the Agreement.

  • Disciplinary Measures 16.01 Any disciplinary measure must be the subject of a written notice addressed to the Employee concerned and stating the reasons for the measure. Such notice must be sent simultaneously to the Union. Only those disciplinary measures of which the Employee and the Union have been informed in writing can be used as evidence in arbitration and can appear in the Employee's personnel file. 16.02 Except in the case of the discharge of Employees serving a probationary period, for any Employee who is discharged, suspended, or given a written warning, the Union may submit her/his case to the grievance procedure and if necessary to arbitration. 16.03 In all cases of disciplinary measures, the University has the burden of proving that the disciplinary measure was imposed for just and sufficient cause. The arbitrator may confirm or reject the disciplinary measure or render any other decision that she/he judges equitable under the circumstances. 16.04 In the event that a University representative finds it necessary to summon an Employee for disciplinary reasons (written warning, suspension, or dismissal) the Employee has the right to be accompanied by a Union representative. 16.05 A suspension does not interrupt the continuous service of an Employee. 16.06 No disciplinary measure may be imposed later than fifteen (15) days after the incident which gave rise to it or of the University having become aware of it. 16.07 No confession signed by an Employee may be used against her/him during arbitration unless it is a question:  of a confession signed in the presence of a union delegate;  of a confession signed in the absence of a union delegate but not denounced by the Employee in writing, within seven (7) days of its being signed. The University will forward a copy of the confession to the Union as soon as it is received.

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