DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4. 13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting. 13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 14:01 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 14:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01Article 12:01, Step 4.
13:06 14:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to them for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union.
14:04 The Employer agrees that an employee must have his/her Xxxxxxx their Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is they are disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx their Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation.
13:07 14:05 The record of an employee shall not be used against him/her in them when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from their file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 13:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01, Step 4.
13:06 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to them for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union.
13:04 The Employer agrees that an employee must have his/her Xxxxxxx their Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is they are disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx their Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation.
13:07 13:05 The record of an employee shall not be used against him/her in them when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from their file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 13:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01, Step 4.
13:06 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union.
13:04 The Employer agrees that an employee must have his/her Xxxxxxx Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation.
13:07 13:05 The record of an employee shall not be used against him/her in when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from his/her file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognizeAn employee who is discharged by the Employer shall, except in as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the case Secretary of gross misconductthe Union, which said Notice shall contain the principle reason for the discharge of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary responsethe said employee. The objective of progressive discipline is failure to ensure that give such notice within the person whose behaviour is of concern receives fair and adequate opportunity to respond to time prescribed shall not invalidate the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future servicedischarge.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence Any claim of wrongful discharge may be submitted to the progressive discipline model is inappropriategrievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)Step 4.
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have has the option of having his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 13:05 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 13:06 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially substa ntially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconductIf an employee believes that he or she has been unjust- ly discharged, the principle matter may be taken up as a special grievance under Article Grievance Procedure, of progressive discipline and this Agreement. Any such grievance shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond be referred to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise Manager’s Committee within three working days after the employee of has been advised he has been discharged from the various supports availableCompany, where appropriate, such as and the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer matter shall be given written notice thereof containing any warning issued to him/her disposed of in accordance with steps provided for breach of discipline in Article Sec- tions and within five seven (57) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed the Manager’s Committee receives notice of the grievance, except where a case is taken to arbitration. Such special grievances may be settled by confirming the Company’s decision in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration. The provisions of Article Arbitration, shall not invalidate be available to the disciplinary action.
13:04 An discharged employee who if, at the time of their discharge, they were a probationer. If an employee is discharged by dismissed or suspended without no- xxxx, their Xxxxxxx will be notified, and the Employer shallemployee shall have the right to interview his Xxxxxxx for a xxx- sonable period of time before leaving the plant. The verbal interview between an employee and their su- pervisor will be a separate interview and if an Interview Record is to be issued it will take place at a later inter- view. Where the interview requires the delivery of an interview record, as soon as the meeting will take place in a Super- visor’s office. A Union representative may be practicable thereafterpresent, if an employee so requests, when the employee is given an interview record which records a warning notice by their Supervisor or draws the attention of the employee to matters requiring improvement in their performance. The employee will, in such cases, be given written notice thereof and informed that they may have a copy of such notice shall, within five (5) days Union Representative present. Interview Records will be removed from employee files after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days two years from the date of issue. Prior Interview Records will not be referenced for disciplinary purposes after two years from issue unless there was a reoccur- rence of a similar nature within the two year period. In such discharge instances, prior Interview Records will be refer- enced and dealt with as herein provided in 11:01remain on file. At the Company’s discretion, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she who is interviewed sus- pended may choose to serve the suspension or questioned as part work their regular shift on the date of any investigation pertaining their suspension. Should they elect to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions work, such time worked would be necessary for paid at the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action employee’s regular rate of pay with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort agree- ing to apprise the Union representative attending a discipline and/or discharge meeting voluntarily donate hours of the allegations against the employee and the reasons their regular pay for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior such day to the commencement United Way. Such employee agrees to sign a release authorizing such deduction. For multiple days of the meeting.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimandsuspension, provided there has been no recurrence of a similar and/or other infractionoption may be available at the Company’s discretion. For disciplinary purposes, the employee’s record, would reflect such time worked as a suspension.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 9.01 An employee, subject to discipline, including verbal warnings, shall have the right to the presence of a Union Committee person or Xxxxxxx(s) at the time the disciplinary action is being taken if they so wish. The parties recognizeEmployer will inform them of this right. An employee attending a non-disciplinary meeting, except including attendance management meetings, shall be offered the right to have union representation as
(a) It is the intention of the Employer to be supportive of the employees in the case matters of gross misconduct, public relations. Letters of complaint on file (written reports from public or donors) along with the principle employee's version of progressive discipline and the complaint shall utilize such an approach when addressing issues requiring be removed after six (6) months if no further incidents occur.
(b) Letters of a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action nature will be to correct removed after fifteen (15) months if the employee has not received any further letters of like or similar disciplinary nature for a problem; prevent recurrence; or prepare individuals for successful future servicefifteen (15) month period.
13:02 Disciplinary a) In order to be valid supervisory action or as grounds for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary further supervisory action.
13:04 An b) A written warning must be communicated to the employee who concerned within ten (10) working days from the time the Employer would have reasonably become aware of the incident giving rise to the complaint.
9.03 A claim by an employee that they have been discharged without reasonable cause shall be treated as a grievance if a written statement of such grievance is discharged signed by the Employer shallemployee, as soon as may be practicable thereafterand is then lodged with the Executive Director, be given written notice thereof and a copy of such notice shallor his designate, within five (5) working days after such discharge, be forwarded notice of discharge has been given by the Employer. The discharged employee shall have the right to the Secretary assistance of a Union Committee member in lodging their grievance. Such grievance shall begin at Step 2 of the Union Grievance Procedure and may be settled by confirming the Employee Relations ManagerEmployers action in discharging the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which said Notice shall contain is just and equitable in the reason for the discharge opinion of the said employee. The failure to give such notice within parties or of a Board of Arbitration established under the time prescribed shall not invalidate the dischargeArbitration provisions of this Agreement.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. 9.04 It is agreed that the standard Chairperson of just cause applicable to a probationary Employee the Union Committee and the Local 2 Union Office will be notified of the dismissal of any employee. Notification will be at the time the employee is substantially less than that which applies to a non-probationary Employeedismissed.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognizeIf an employee believes that he or she has been discharged, the matter may be taken up as a special grievance under Article Grievance Procedure. ofthis Agreement. such grievance shall be referred to the Manager’s Committee within working days after the employee has been advised he has been discharged from the Company. and the matter shall be disposed of in accordance with steps provided for in Article Sections and within seven (7) working days ofthe time the Manager’s receives no- xxxx ofthe grievance. except where a case is taken to arbitration. Such special grievances may be settled by con- firming the Company’s decision in dismissing the employee. or by reinstating employee with full compensation for time lost, or by any other arrangement which is just and in the case opinion of gross misconductthe parties or the Arbi- tration. provisions of Article Arbitration, shall not be available to the principle discharged employee if, at the time of progressive discipline their discharge, they were a probationer. employee is dismissed or suspended with- out Xxxxxxx will and the shall utilize such an approach when addressing issues requiring have the to his for a disciplinary responsereasonable period of time be- fore leaving the plant. The objective of progressive discipline verbal interview between an employee and their supervisor will be a separate inter- view and if an interview Record is to ensure be is- sued it will take place at a later interview. A Union Representative may be present, if an employee so requests, when the employee is given an interview record which records a warning notice by their Supervisor or draws the attention of the employee to matters re - xxxxxxx improvement in their performance. The employee will, in such cases, be informed that they may have a Union Representative present. A supervisor who issues a derogatory inter- view record concerning an employee will re- view the person whose behaviour is record six months later, and will record in the employee's file a note concern- ing the up-to-date status of concern receives fair the matter cov- ered in the earlier interview record. They will inform the employee that such note has been Interview Records will be removed from em- ployee files years from of erenced for purposes two from issue a reoccur- rence of the two period. In prior Interview Records will he referenced remain on file. The Union shall supply the Company with the of employees who have been elected Officers, Grievance Committee and adequate opportunity Stew- ards authorized to respond represent the and will keep the list up-to-date. In the administration of this Agreement. but not its negotiation or the negotiation of renewals, extensions or amend- ments, Union representatives meeting with Man- agement at the request of Management will paid for spent Employees in number up to one employee for the first one hundred and one employee for each one hundred employees thereafter or each major fraction thereof in a plant but not to a total of ten employees. to the concern and where appropriateproduction or work requirements, improve behaviour. The purpose of any action will be granted permis- sion to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, be absent in order to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 attend An employee after one year of service credits with the Company, who is disciplined elected or ap- pointed by the Employer shall be given written notice thereof containing any warning issued Local named in this Agreement to him/her for breach of discipline within five (5) days of full-time work with such disciplinary action having been taken by the EmployerLocal, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee or who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and elected a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary National Officer or is appointed a National Representative of the Union shall, on making fifteen (15) days prior written ap- plication to the appropriate Relations Man- ager and the Employee Relations Manager, which said Notice shall contain the reason stating a definite period for the discharge ab- sence, be granted leave of absence during the term of office (but without pay or the time being credited to his service credits) but not to exceed one year. Such leaves of absence may, on receipt of fifteen days prior writ- ten application, be extended from year to year. The will supply the with a list of Foremen. Supervisors. Superintendents and their together with the names of other persons in the Plant whom the have transactions in with this Agreement and will keep the list up-to-date. Employees granted a leave ofabsence for and engaged in full-time work for the Local or the National or in connection with any current Letter of Understanding in connection there- with, shall be considered to have service cred- its for purposes of seniority and vacation only, for such periods of time during such leave of absence as they are engaged in such full-time work. Supervisors will introduce all new hires to the area xxxxxxx or chief xxxxxxx in the absence of the said employee. The failure to give such notice within the time prescribed shall not invalidate the dischargearea xxxxxxx.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and 26.01 A Union representative shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined informed by the Employer of the discharge of an employee not later than the time the employee is so notified.
26.02 In the event that an employee has been discharged or suspended and alleges that she has been unjustly dealt with, she may ask for and shall receive from the Employer the reasons for her dismissal or suspension.
26.03 A grievance over the dismissal or suspension of a non- probationary employee may be taken up at Step 2 of the Grievance Procedure omitting Step 1.
26.04 Any discharge or suspension grievance may be settled by an arrangement which, in the opinion of the parties, is just and equitable.
26.05 A claim by a non-probationary employee or the Union that she has been unjustly discharged or suspended from her employment shall be given treated as a grievance if a written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days statement of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who grievance is discharged by lodged with the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such dischargethe employee is informed of the discharge or suspension.
26.06 The Employer will consider written warnings, not confirming a suspension, against an employee as cleared from her record after a twelve (12) month period from the date of issuance, provided that there has been no further disciplinary action of the same infraction taken against the employee during that period. If the employee has not worked any shifts for a period of three (3) months or more during the twelve (12) month period, the twelve (12) month period can be forwarded extended for the length of the absence.
26.07 An employee shall have the right to the Secretary presence of a Union Xxxxxxx, upon request, at any meeting with the Employer at which disciplinary action will be imposed.
26.08 The Employer and the Union agree that certain offences are of such gravity and importance that the Employee Relations Manager, which said Notice shall contain Employer may impose the reason specific penalty of discharge on the offending employee. Therefore it is agreed that the following specific causes will be conclusively deemed to be sufficient for the discharge of an employee but will not deprive the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim , who has completed her probationary period, of wrongful discharge may be submitted access to the grievance and arbitration procedures within five (5in this Collective Agreement. No employee will be terminated for these reasons until they have been found guilty or the case has been arbitrated and a potential termination has been upheld:
a) days releasing confidential information about a client to unauthorized persons;
b) consuming alcoholic beverages on the job or being under the influence of alcohol, on the job;
c) assaulting or abusing a client or caregiver or family member;
d) theft of property from a client, caregiver/family member or the date of such discharge and dealt with as herein provided in 11:01, Step 4Employer.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. 26.09 The Employer will make every effort provide a copy of Home Support Worker (HSW) and Personal Support Worker (PSW) current and future job descriptions as they change to apprise the Union representative attending a discipline and/or discharge meeting President of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingUnion.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have has the option of having his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 13:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01, Step 4.
13:06 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union.
13:04 The Employer agrees that an employee must have his/her Xxxxxxx Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation.
13:07 13:05 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject . These letters shall be removed from his/her file and returned to the grievance procedure. It is agreed that employee provided twenty-four (24) months have elapsed since the standard issuance of just cause applicable to a probationary Employee is substantially less than that which applies to letter of reprimand, provided there has been no recurrence of a non-probationary Employeesimilar and/or other infraction.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 Section 1: In the event an employee under the jurisdiction of the bargaining unit shall be suspended or discharged for disciplinary reasons or is discharged from employment after the date hereof and believes he/she has been unjustly suspended or discharged, such suspension or discharge shall constitute a case arising under the grievance procedure provided a written grievance with respect thereto is presented at the second step of the grievance procedure to the Juvenile Home Administrator or his/her designated representative within three (3) regularly scheduled working days after such discharge or suspension.
Section 2: Upon request, an employee shall have a Union representative present at an investigatory meeting which the employee believes could lead to disciplinary action. Unless otherwise requested, an employee shall have a Union representative present when he/she is disciplined. The parties recognize, except in Union representative shall be allowed a brief period of time to confer with the case of gross misconductemployee prior to the disciplinary meeting. At the disciplinary meeting, the principle of progressive discipline and shall utilize such employee will be provided an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to respond. Copies of the concern and where appropriate, improve behaviour. The purpose of any disciplinary action will be provided to correct a problem; prevent recurrence; or prepare individuals for successful future servicethe employee and Union representative before the disciplinary meeting ends.
13:02 Disciplinary action for repeated and/or ongoing incidents Section 3: In the event it should progress from verbal reprimandsbe decided under the grievance procedure that the employee was unjustly suspended or discharged, to written reprimandsthe Employer shall reinstate such employee and grant full, to suspension from employment and finallypartial or no compensation as may be decided under the grievance procedure, dischargewhich compensation, if any, shall be at the employee's regular rate of pay at the time of such discharge or the start of suspensions.
Section 4: Use of past records. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive imposing any discipline, the Employer may advise use only official reprimands/warnings within the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)past 24 months.
13:03 Section 5: An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employerreceive a copy, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and with a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary proper union representative, of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided any written reprimand placed in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned personnel file which could be construed as part of any investigation pertaining detrimental to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following future promotion, transfer, present or future employment; and in the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against event the employee and believes said written reprimand is unjust or without cause, a grievance may be filed at Step 1of the reasons for the meeting. When requestedprocedure provided in Article 10, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingabove.
13:07 The record Section 6: In imposing discipline, the employer shall utilize the concept of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may progressive discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a all non-probationary Employeeemployees.
13:09 Section 7: It is understood and agreed that when an employee files a grievance with respect to his/her disciplinary action, suspension or discharge, the act of filing such grievance shall constitute the employee's authorization of the County to reveal to the participants in the grievance procedure any and all information available to the County concerning the alleged offense and such filing shall further constitute a release of the County from any and all claimed liability by reason of such disclosure.
Section 8: Any employee suspended pending covered by this Agreement may view the results contents of an investigation his/her personnel file in the Human Resources office in the presence of alleged wrong-doing shall retain full pay and all benefits during a member of the entire period of investigationHuman Resources staff at any reasonable time, upon request.
Section 1: Seniority.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is discharged or disciplined by the Employer shall within seven (7) calendar days be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days and copy of such disciplinary action having been taken by notice shall, within seven (7) calendar days after such discipline or discharge, be forwarded to the Employer, provided however that President Unifor Local 2458 and the Unit Chairperson. The written notice shall contain the reason(s) for the discipline or discharge of the said employee. A failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the discharge or discipline. The Employer shall, as soon as may be practicable thereafter, be given written notice thereof and agrees to send a copy of such the notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the dischargeChairperson.
13:05 13:02 Any claim of wrongful discharge or discipline may be submitted to the grievance and arbitration procedures within five seven (57) calendar days from the date of receipt of such notice by the President of the Union of such discharge or discipline and shall be dealt with as herein provided provided. Steps 1 and 2 of the grievance procedure will be omitted in 11:01, Step 4the case of discharge.
13:06 13:03 The Employer agrees that an employee must have his/her Xxxxxxx a Union Administrative Committee Member or Chairperson shall be present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she the employee is disciplined and/or discharged or subject to an investigation that may lead to discipline. The Chair or Vice-Chair shall be present whenever the employee is discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee pending investigation without the Xxxxxxx Committee Person present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx their Union Administrative Committee Member or Chairperson within a 48 hour period two (2) business days following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 13:04 The record of an employee shall not be used against him/her them in the following instances: :
a) When twenty-four (24) months have elapsed since the issuance of a letter of reprimanddiscipline, provided there has have been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just causeb) When letters are to be removed from an employee’s file, subject they will be returned to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employeeemployee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognizeAn employee who is discharged by the Employer shall, except in as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the case Secretary of gross misconductthe Union, which said Notice shall contain the principle reason for the discharge of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary responsethe said employee. The objective of progressive discipline is failure to ensure that give such notice within the person whose behaviour is of concern receives fair and adequate opportunity to respond to time prescribed shall not invalidate the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future servicedischarge.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence Any claim of wrongful discharge may be submitted to the progressive discipline model is inappropriategrievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)Step 4.
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have has the option of having his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 13:05 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 13:06 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconductIf an employee believes that he or she has been unjust- ly discharged, the principle matter may be taken up as a special grievance under Article Grievance Procedure, of progressive discipline and this Agreement. Any such grievance shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond be referred to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise Manager’s Committee within three days after the employee of has been advised he has been discharged from the various supports availableCompany, where appropriate, such as and the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer matter shall be given written notice thereof containing any warning issued to him/her disposed of in accordance with steps provided for breach of discipline in Article Sec- tions and within five seven (57) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed the Manager’s Committee receives notice of the grievance, except where a case is taken to arbitration. Such special grievances may be settled by confirming the Company’s decision in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangementwhich is just and equitable in the opinion of the parties or the Board of Arbitration. The provisions of Article Arbitration, shall not invalidate be available to the disciplinary action.
13:04 An discharged employee who if, at the time of their discharge, they were a probationer. If an employee is discharged by dismissed or suspended without no- xxxx, their Xxxxxxx will be notified, and the Employer shallemployee shall have the right to interview his Xxxxxxx for a xxx- sonable period of time before leaving the plant. The verbal interview between an employee and their su- pervisor will be a separate interview and if an Interview Record is to be issued it will take place at a later inter- view. Where the interview requires the delivery of an interview record, as soon as the meeting will take place in a Super- visor’s office. A Union representative may be practicable thereafterpresent, if an employee so requests, when the employee is given an interview record which records a warning notice by their Supervisor or draws the attention of the employee to matters requiring improvement in their The employee will, in such cases, be given written notice thereof and informed that they may have a copy of such notice shall, within five (5) days Union Representative present. Interview Records will be removed from employee files after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days two years from the date of issue. Prior Interview Records will not be referenced for disciplinary purposes after two years from issue unless there was a reoccur- rence of a similar nature within the two year period. In such discharge instances, prior Interview Records will be refer- enced and dealt with as herein provided in 11:01remain on file. At the Company’s discretion, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she who is interviewed sus- pended may choose to serve the suspension or questioned as part work their regular shift on the date of any investigation pertaining their suspension. Should they elect to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions work, such time worked would be necessary for paid at the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action employee’s regular rate of pay with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort agree- ing to apprise the Union representative attending a discipline and/or discharge meeting voluntarily donate hours of the allegations against the employee and the reasons their regular pay for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior such day to the commencement United Way. Such employee agrees to sign a release authorizing such deduction. For multiple days of the meeting.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimandsuspension, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer option may discipline or discharge be available at the Company’s discretion. For disciplinary purposes, the employee’s record, would reflect such time worked as a probationary Employee for just cause, subject to the grievance proceduresuspension. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.ARTICLE
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 9.01 A claim by an employee who has completed her probationary period, that she has been unjustly suspended or discharged without just cause, from her employment will be treated as a special grievance, commencing at Step No. 2 of the Grievance Procedure, provided the discharged person submits her written grievance, dated and signed within seven (7) calendar days after the notice is given in writing.
9.02 It is agreed that the Stewards or the Union Representative will be notified prior to the dismissal of any employee in the bargaining unit.
9.03 A Union Xxxxxxx shall be present when any disciplinary penalty is imposed, unless declined by the employee. The parties recognizeEmployer shall notify the employee of the right to Union representation prior to the imposing of any disciplinary action.
9.04 A copy of any completed evaluation which is to be placed in an employee's file shall be reviewed with the employee. The employee shall have the opportunity to initial such evaluation as having been read and shall have the opportunity to add her views to such evaluation prior to it being placed in her file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the employee. Each employee shall have reasonable access to all her files for the purpose of reviewing their contents in the presence of her supervisor and employee representative, if requested. A copy of the evaluation will be provided to the employee at her request.
9.05 Any warnings or letter of reprimand, suspension or other sanctions will be removed from an employee record after a period of twelve (12) months of issue provided the employee has been discipline free for twelve (12) months except in the case of gross misconductincidents involving abuse, harassment, violence or human rights violation, where the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure record will remain on file for 36 (thirty-six) months; provided that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting.
13:07 The ’s record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infractiondiscipline free for 36 (thirty-six) months.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and 25.01 A Union representative shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined informed by the Employer of the discharge of an employee not later than the time the employee is so notified.
25.02 In the event that an employee has been discharged or suspended and alleges that she has been unjustly dealt with, she may ask for and shall receive from the Employer the reasons for her dismissal or suspension.
25.03 A grievance over the dismissal or suspension of a non- probationary employee may be taken up at Step 2 of the Grievance Procedure omitting Step 1.
25.04 Any discharge or suspension grievance may be settled by an arrangement which, in the opinion of the parties, is just and equitable.
25.05 A claim by a non-probationary employee or the Union that she has been unjustly discharged or suspended from her employment shall be given treated as a grievance if a written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days statement of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who grievance is discharged by lodged with the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such dischargethe employee is informed of the discharge or suspension.
25.06 The Employer will consider written warnings, not including a suspension, as cleared from her record after a twelve (12) month period from the date of issuance, provided that there has been no further disciplinary action of the same infraction taken against the employee during that period. If the employee has not worked any shifts for a period of three (3) months or more during the twelve (12) month period, the twelve (12) month period can be forwarded extended for the length of the absence. The time written warnings are on an employee’s file shall be increased by the time of any leave of absence.
25.07 An employee shall have the right to the Secretary presence of a Union Xxxxxxx, upon request, at any meeting with the Employer at which disciplinary action will be imposed.
25.08 The Employer and the Union agree that certain offences are of such gravity and importance that the Employee Relations Manager, which said Notice shall contain Employer may impose the reason specific penalty of discharge on the offending employee. Therefore it is agreed that the following specific causes will be conclusively deemed to be sufficient for the discharge of an employee but will not deprive the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim , who has completed her probationary period, of wrongful discharge may be submitted access to the grievance and arbitration procedures within five (5in this Collective Agreement. No employee will be terminated for these reasons until they have been found guilty or the case has been arbitrated and a potential termination has been upheld:
a) days releasing confidential information about a client to unauthorized persons;
b) consuming alcoholic beverages on the job or being under the influence of alcohol, on the job;
c) assaulting or abusing a client or caregiver or family member;
d) theft of property from a client, caregiver/family member or the date of such discharge and dealt with as herein provided in 11:01, Step 4Employer.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial action. 25.09 The Employer will make every effort provide a copy of Home Support Worker (HSW) and Personal Support Worker (PSW) current and future job descriptions as they change to apprise the Union representative attending a discipline and/or discharge meeting President of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingUnion.
13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction.
13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee.
13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize10.01 It is agreed that the Stewards or Union Representative will be notified on the first business day, except or as soon as practical, of the dismissal of any employee in the case bargaining unit.
10.02 No seniority employee shall be disciplined, suspended or discharged except for just cause and subject to the right of gross misconduct, the principle of progressive discipline and an employee to lodge a grievance as provided for in this Agreement.
10.03 A Union Xxxxxxx shall utilize such an approach be present when addressing issues requiring a any disciplinary responsepenalty is imposed. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise shall notify the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued right to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded Union representation prior to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her Xxxxxxx present whenever he/she is interviewed or questioned as part imposing of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Xxxxxxx present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her Xxxxxxx within a 48 hour period following the initial disciplinary action. The Employer will make every effort ordinarily provide the Stewards with advance notice of discipline meetings and will endeavour to apprise schedule such meetings at mutually acceptable times. When advance notice is provided, the Union Stewards undertake to be reasonably available in person or by telephone for such meetings. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a employee representative attending a discipline and/or discharge meeting of the allegations against employee’s choice who is working on the current shift.
10.04 An employee has the right to be accompanied by a Union Representative when interviewed in the course of any disciplinary investigation or proceeding. The Employer shall establish the time and the reasons place for the meeting, allowing for sufficient time to ensure the presence of the employee's Union Representative. The Employer will ordinarily provide the Stewards with advance notice of discipline meetings and will endeavor to schedule such meetings at mutually acceptable times. When requestedadvance notice is provided, time will be provided for consultation between the Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a employee representative of the employee’s choice who is working on the current shift.
10.05 The parties may extend any time limits by mutual consent, with the request for extension and the employee prior response to the commencement of the meeting.
13:07 The record of an employee be in writing. This request shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infractionunreasonably denied.
13:08 10.06 Any notice of suspension or discharge issued by the Employer shall include the reason(s) for the Employer's decision. A copy of the notice will be forwarded to the appropriate Union Representative. The Employer may will impose discipline within a reasonable time period from the date that the alleged infraction became known or discharge a probationary Employee for just cause, subject ought to have become known to the grievance procedureEmployer. It is agreed that the standard of just cause applicable to understood fourteen (14) calendar days would be considered a probationary Employee is substantially less than that which applies to a non-probationary Employeereasonable time period.
13:09 Any 10.07 Records of discipline shall be removed from an employee’s personnel file eighteen (18) months following the date of discipline, provided the employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits is free from any further discipline during the entire that period of investigationtime. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (18) month period noted above. In any case of resident abuse as outlined in the Residence’s Policy and Procedures, the discipline shall remain on file if the complaint is not reversed through settlement or arbitration.
Appears in 1 contract
Samples: Collective Agreement
