Common use of Discipline and Discharge for Just Cause Clause in Contracts

Discipline and Discharge for Just Cause. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. Grounds for discipline or discharge, including immediate discharge are set forth in the Employer’s Employee Handbook. Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct patient information cannot be released without the express approval by the resident. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. Employees and the Union Field Representative or advocate will be provided with a copy of any written notice of disciplinary action. Copies of all written discipline shall be provided to the designated advocate and designated union representative within four (4) business days. A record of disciplinary action shall be removed from an employee’s personnel file twelve (12) months after it was issued, except that if a Bargaining Unit Employee receives a related discipline during an eighteen (18) month period, the original discipline will remain in his or her file until eighteen (18) months have elapsed during which the Bargaining Unit Employee received no related discipline. This provision shall not apply to disciplines issued for resident abuse, resident neglect, sexual or racial harassment. The Advocate and/or a union representative may meet and discuss any disciplinary action of a Union member with Employer. Arbitration shall apply only to final warnings, suspensions or discharge.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Discipline and Discharge for Just Cause. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. Grounds for discipline or discharge, including immediate discharge are set forth in the Employer’s Employee Handbook. Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct patient information cannot be released without the express approval by the resident. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. Employees and the Union Field Representative or advocate will be provided with a copy of any written notice of disciplinary action. Copies of all written discipline shall be provided to the designated advocate and designated union representative within four (4) business days. A record of disciplinary action shall be removed from an employee’s personnel file twelve (12) months after it was issued, except that if a Bargaining Unit Employee receives a related discipline during an eighteen (18) month period, the original discipline will remain in his or her file until eighteen (18) months have elapsed during which the Bargaining Unit Employee received no related discipline. This provision shall not apply to disciplines issued for resident abuse, resident neglect, sexual or racial harassment. The Advocate and/or a union representative may meet and discuss any disciplinary action of a Union member with Employer. Arbitration shall apply only to final warnings, suspensions or discharge.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline and Discharge for Just Cause. Any nurse who has completed his or her Introductory Status period and who is otherwise covered by this Agreement may be discharged, or be subject to any other disciplinary action for just cause only. Both parties agree that reasonable attempt should be made to counsel employees prior to disciplinary action and that discipline shall be progressive, except for serious misconduct. The Employer shall take reasonable measures to document a nurse’s conduct which may result in discipline but shall keep such documentation confidential. Upon request, all Registered Nurses shall be entitled to have the right Local Unit Chairperson or designee present during an investigatory interview which the nurse believes may result in discipline. In addition, all Registered Nurses shall be entitled to maintain discipline and efficiency of its operationshave the Local Unit Chairperson or designee, including the right to dischargeif readily available, suspend present during any disciplinary action involving verbal or discipline a worker for just cause. Grounds for discipline written reprimand, suspension, or discharge, including excluding counseling. The Employer shall inform the nurse of the purpose of such disciplinary meeting in advance. Except in any case requiring immediate discharge are set forth in action on the part of the Employer’s Employee Handbook. Offenses warranting immediate terminations , the nurse shall include but not be limited given a reasonable amount of time to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for obtain Association representation and a conclusion that mutually agreed upon meeting time will be established with the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct patient information cannot be released without the express approval by the resident. Any probationary employee may be discharged or disciplined by Association representative, the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. Employees representative, and the Union Field Representative or advocate nurse involved. The Employer will be provided with notify the Association if it discharges a copy of any written notice of disciplinary actionnurse. Copies of all written discipline shall be provided to the designated advocate and designated union representative within four After two (42) business days. A record of years, if no further disciplinary action shall is applied, the nurse may request warning notices be removed from an employeehis/her personnel file. Any reference to them on the written performance progress notes will also be discarded after this two (2) year period. Performance appraisals shall reflect the nurse’s job performance and behaviors, and may include reference to coaching or corrective action less than two years old. Notwithstanding the foregoing, if a nurse receives a written warning for conduct deemed to be in violation of State or Federal Law or the Nurse Practice Act, the written warning may be retained in the nurse’s personnel file twelve (12) months after it was issued, except that if a Bargaining Unit Employee receives a related discipline during an eighteen (18) month period, the original discipline will remain in his or her file until eighteen (18) months have elapsed during which the Bargaining Unit Employee received no related discipline. This provision but shall not apply to disciplines issued be deemed relevant for resident abuse, resident neglect, sexual purposes of future progressive discipline or racial harassment. The Advocate and/or for evaluating a union representative may meet and discuss any nurse’s qualifications under the job posting provision of this Agreement after two (2) years if no further disciplinary action is applied. During the two (2) year period disciplinary actions may not be considered as the sole reason to deny consideration for transfer unless the discipline is relevant to the employee’s performance of a Union member with Employer. Arbitration shall apply only to final warnings, suspensions or dischargethe posted position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Discipline and Discharge for Just Cause. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. Grounds for discipline or discharge, including immediate discharge are set forth in the Employer’s Employee Handbook. Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct a patient information cannot be released without the express approval by the residentreleased. The Employer will redact any identifiable information. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. Employees and the Union Field Representative or advocate will be provided with a copy of any written notice of disciplinary action. Copies of all written discipline shall be provided to the designated advocate and designated union representative within four (4) business days. A record of disciplinary discipinary action shall be removed from an employee’s personnel file remain in the file, however after twelve (12) months after it was issued, except without any disciplinary action will result in the last step being removed from consideration. The Employer will notify the Union if extraordinary circumstances result in the Employer determining that if a Bargaining Unit Employee receives specific disciplne will roll off at a related discipline during an eighteen date beyond the general rule of twelve (1812) month period, the original discipline will remain in his or her file until eighteen (18) months have elapsed during which the Bargaining Unit Employee received no related disciplinemonths. This provision shall not apply to disciplines issued for resident abuse, resident neglect, sexual or racial harassment. The Advocate and/or a union representative may meet and discuss any disciplinary action of a Union member with Employer. Arbitration shall apply only to final warnings, suspensions or discharge.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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