DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).
(b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance.
(c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to:
i) uphold the discharge or suspension, or
ii) vary the penalty, or
iii) substitute a different penalty, or
iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator.
(a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.
DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of.
Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy.
Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.
DISCIPLINE AND DISCHARGE. 20.01 The Employer may warn, suspend, demote or discharge employees for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved and forwarded to the office of the Union at the time they are issued.
20.02 Any disciplinary notice shall be issued only after or during the meeting with the employee being disciplined. An employee shall be advised of the nature of the meeting prior to attending. The employee shall be accompanied by a xxxxxxx in accordance with Article 4.02.
20.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and the incident giving rise to the meeting is so serious that immediate action is warranted, employees may be called in at a time when they are not scheduled to work. Such time to attend a discipline meeting is paid time per this Agreement.
20.04 Any letters of warning older than twelve (12) months shall be removed from an employee’s file, provided that there is no repeat offence of the incident giving cause to the discipline during such twelve (12) month period. Any record of suspension will be removed after twenty-four (24) months, provided there is no repeat offence of the incident giving cause to the suspension during such twenty-four (24) month period.
DISCIPLINE AND DISCHARGE. No counselor shall be disciplined or discharged without just cause, and the sole right and remedy of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedure.
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employ...
DISCIPLINE AND DISCHARGE. 21.01 The Employer may warn, suspend, demote or discharge employees for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved and forwarded to the office of the Union at the time they are issued.
21.02 Any disciplinary notice shall be issued only after or during the meeting with the employee being disciplined. An employee shall be advised of the nature of the meeting prior to attending. The employee shall be accompanied by a xxxxxxx in accordance with Article 4.02.
21.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and the incident giving rise to the meeting is so serious that immediate action is warranted, employees may be called in at a time when they are not scheduled to work. Such time to attend a discipline meeting is paid time per this Agreement.
21.04 Any letters of warning older than twelve (12) months shall be removed from an employee’s file, provided that there is no repeat offence of the incident giving cause to the discipline during such twelve (12) month period. Any record of suspension will be removed after twenty-four
DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause.
B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action.
C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee.
D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics
E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the deci...
DISCIPLINE AND DISCHARGE. 4.1 The Employer shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25.
4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline.
4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant c...
DISCIPLINE AND DISCHARGE. If after a comprehensive investigation, the client abuse charges are unfounded, the Agency will send a letter stating that the investigation has been concluded and no client abuse charges will be brought against the employee as a result of the investigation. The letter shall be provided upon request to the employee and to any involved party at the employee’s request. Documents relating to the unfounded charges shall not be placed in the employee’s personnel file.
