Common use of DISCIPLINE AND DISCHARGE OF EMPLOYEES Clause in Contracts

DISCIPLINE AND DISCHARGE OF EMPLOYEES. 15.1 The District shall give consideration to due process and progressive discipline in its discipline of employees covered by this Agreement. Although each personal situation merits individual investigation of the facts and circumstances, every effort will be made by the District to establish and maintain consistency and uniformity in discipline of employees. 15.2 The District shall have the right to discipline or discharge an employee for justifiable cause, but no employee shall be discharged or suspended unless a written notice shall have been given to such employee and a copy sent to the union of a complaint against such employee concerning work or conduct and informed of the District initiating an investigation into the initial complaint within ten (10) working days from the date the District demonstrably had knowledge of alleged violation. If such notice is not given to the employee and sent to the Union within ten (10) working days of such alleged violation, any disciplinary action resulting from the complaint shall be null and void. 15.2.1 An employee shall be entitled to receive a written statement of the reasons for suspension or discharge and/or a hearing upon request. 15.2.2 The discipline of an employee will be handled as discretely as the situation warrants and is possible under the circumstances. 15.2.3 Upon completion of the investigation into the alleged violation, the District shall have ten (10) working days to notify such employee of the results of the District’s investigation and of the disciplinary action sought, if any. Upon written request by the employee, warning notices shall be removed from Personnel files one (1) year from the date of notice if there have been no further notices for a six (6) month period. 15.2.4 Warning notices of disciplinary action will be considered collectively, not individually. Any employee who receives three (3) written warning notices of disciplinary action within 12 months shall be subject to further disciplinary action up to and including termination of employment.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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DISCIPLINE AND DISCHARGE OF EMPLOYEES. 15.1 The District (a) Pursuant to Section 84(1) of the Labour Relations Code of British Columbia, the following standards shall give consideration to due process be applied: (i) Employees who have successfully completed their probation period can only be disciplined or discharged for just and progressive discipline reasonable cause. (ii) During the probation period specified in its discipline of employees covered by this Agreement. Although each personal situation merits individual investigation of , an employee may be discharged if he/she is unsuitable for status as a regular employee. (b) In the facts event that an employee other than probationary is discharged for just and circumstances, every effort reasonable cause the shop chairperson will be made by notified and provided with the District to establish and maintain consistency and uniformity in discipline of employeesreasons for the discharge. 15.2 The District (c) Where no shop chairperson is recognized the shop xxxxxxx will receive this information. (d) A xxxxxxx shall have the right to discipline or discharge an employee for justifiable cause, but no consult with a staff representative of the Union and to have a representative present at any discussion with supervisory personnel which the xxxxxxx believes might be the basis of disciplinary action against the xxxxxxx. (e) Any employee shall have the right to have a Union representative present at any meeting which is for disciplinary purposes arising from 20.01 or for any reason that the employee believes may be discharged or suspended unless a written notice disciplinary in nature. The date, time and place of such meetings shall have been given be scheduled at least forty-eight (48) hours in advance in order for the Union representative to be present at such employee and a copy sent to meeting. It is the union of a complaint against such employee concerning work or conduct and informed responsibility of the District initiating an investigation into employee to contact the initial complaint within ten (10) working days from Union Representative and advise them of the date the District demonstrably had knowledge and time of alleged violation. If such notice is not given to meeting. (f) The Employer shall provide the employee and sent to the Union within ten (10) working days with a copy of any written warning or adverse report affecting the employee. Any reply by the employee shall become part of his/her record. Failure to grieve previous discipline or to pursue such alleged violationgrievance to arbitration, any disciplinary action resulting from the complaint shall not be null and voidconsidered to be an admission that such discipline was justified. 15.2.1 (g) An employee or the President of the Union or his/her designate with the written authority of the employee shall be entitled to receive a written statement of review the reasons for suspension or discharge and/or a hearing upon requestemployee’s personnel file. 15.2.2 The (h) Each documented warning, oral or written, or other record of discipline of an employee will be handled as discretely as the situation warrants and is possible under the circumstances. 15.2.3 Upon completion of the investigation into the alleged violation, the District shall have ten (10) working days to notify such employee of the results of the District’s investigation and of the disciplinary action sought, if any. Upon written request by the employee, warning notices shall be removed from Personnel files one (1) year from the employee’s work record on the anniversary date of notice if there have its imposition unless further discipline has been no further notices for a six (6) month periodimposed prior to the anniversary date. 15.2.4 Warning notices (i) Where the Employer intends to discipline an employee, such discipline must take place within fourteen (14) days of disciplinary action the occurrence of the alleged infraction or when the Employer first becomes aware of the alleged infraction. (j) The Employer agrees that after a grievance has been initiated by the Union, the Employer’s representative will be considered collectivelynot initiate a discussion or negotiation with respect to the grievance, not individually. Any employee who receives three (3) written warning notices whether directly or indirectly, with the aggrieved employee, without the consent of disciplinary action within 12 months shall be subject to further disciplinary action up to and including termination of employmentthe Union.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE OF EMPLOYEES. 15.1 The District shall give consideration to due process and progressive discipline in its discipline of employees covered by this Agreement. Although each personal situation merits individual investigation of the facts and circumstances, every effort will be made by the District to establish and maintain consistency and uniformity in discipline of employees. 15.2 Section 10.1 The District shall have the right to discipline or discharge an employee for justifiable cause, but no employee . Due process guidelines are outlined in Appendix A. The issue of justifiable cause shall be discharged or suspended unless resolved in accordance with the grievance procedure hereinafter provided. Discipline by District administrators shall be imposed in a written notice shall have been given to such employee and a copy sent to the union of a complaint against such employee concerning work or conduct and informed discreet manner with due respect shown for privacy of the District initiating an investigation into the initial complaint employee. Discipline shall not be arbitrary or capricious. 10.1.1 Any disciplinary action shall occur within ten twenty (10) working days from the date the District demonstrably had knowledge of alleged violation. If such notice is not given to the employee and sent to the Union within ten (1020) working days of such alleged violation, any disciplinary action resulting from the complaint shall be null and void. 15.2.1 An employee shall be entitled to receive a written statement time that the supervisor should reasonably have known of the alleged infraction. If for unforeseen reasons the timeline cannot be met, the supervisor will notify the Association in writing. When outside agencies are involved the District will notify the Association in writing of the need for suspension or discharge and/or a hearing an open-ended timeline and will provide investigative updates upon request. 15.2.2 The discipline of 10.1.2 Upon their request, an employee will shall have the right to have an Association representative present during any meeting that may result in disciplinary action or discharge. The District shall notify an employee of such right when arranging a meeting for the purpose of confronting the employee that may result in disciplinary action. If an employee feels that any conference is becoming disciplinary in nature, he/she may stop the conference and have it rescheduled to a time when an Association representative can be handled as discretely as the situation warrants and is possible under the circumstancespresent. 15.2.3 Upon completion of the investigation into the alleged violation10.1.3 When any complaint regarding a transportation employee is received from a parent, student or other person, the District shall have ten (10immediately notify the employee(s) working days and begin an appropriate and thorough investigation, if deemed necessary by the District. The right to notify such employee due process of the affected employee(s) shall be protected. The employee(s) shall be informed as to the results of the District’s investigation and of the disciplinary action sought, if any. Upon written request by the employee, warning notices shall be removed from Personnel files one (1) year from the date of notice if there have been no further notices for a six (6) month periodinvestigation. 15.2.4 Warning notices of disciplinary action will be considered collectively, not individually. Any employee who receives three (3) written warning notices of disciplinary action within 12 months shall be subject to further disciplinary action up to and including termination of employment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE OF EMPLOYEES. 15.1 The District (a) Pursuant to Section 84(1) of the Labour Relations Code of British Columbia, the following standards shall give consideration to due process be applied: (i) Employees who have successfully completed their probation period can only be disciplined or discharged for just and progressive discipline reasonable cause. (ii) During the probation period specified in its discipline of employees covered by this Agreement. Although each personal situation merits individual investigation of , an employee may be discharged if he/she is unsuitable for status as a regular employee. (b) In the facts event that an employee other than probationary is discharged for just and circumstances, every effort reasonable cause the shop chairperson will be made by notified and provided with the District to establish and maintain consistency and uniformity in discipline of employeesreasons for the discharge. 15.2 The District (c) Where no shop chairperson is recognized the shop xxxxxxx will receive this information. (d) A xxxxxxx shall have the right to discipline or discharge an employee for justifiable cause, but no consult with a staff representative of the Union and to have a representative present at any discussion with supervisory personnel which the xxxxxxx believes might be the basis of disciplinary action against the xxxxxxx. (e) Any employee shall have the right to have a Union representative present at any meeting which is for disciplinary purposes arising from 20.01 or for any reason that the employee believes may be discharged or suspended unless a written notice disciplinary in nature. The date, time and place of such meetings shall have been given be scheduled at least forty-eight (48) hours in advance in order for the Union representative to be present at such employee and a copy sent to meeting. It is the union of a complaint against such employee concerning work or conduct and informed responsibility of the District initiating an investigation into employee to contact the initial complaint within ten (10) working days from Union Representative and advise them of the date the District demonstrably had knowledge and time of alleged violation. If such notice is not given to meeting. (f) The Employer shall provide the employee and sent to the Union within ten (10) working days with a copy of any written warning or adverse report affecting the employee. Any reply by the employee shall become part of his/her record. Failure to grieve previous discipline or to pursue such alleged violationgrievance to arbitration, any disciplinary action resulting from the complaint shall not be null and voidconsidered to be an admission that such discipline was justified. 15.2.1 (g) An employee or the President of the Union or his/her designate with the written authority of the employee shall be entitled to receive a written statement of review the reasons for suspension or discharge and/or a hearing upon requestemployee's personnel file. 15.2.2 The (h) Each documented warning, oral or written, or other record of discipline of an employee will be handled as discretely as the situation warrants and is possible under the circumstances. 15.2.3 Upon completion of the investigation into the alleged violation, the District shall have ten (10) working days to notify such employee of the results of the District’s investigation and of the disciplinary action sought, if any. Upon written request by the employee, warning notices shall be removed from Personnel files one (1) year from the employee's work record on the anniversary date of notice if there have its imposition unless further discipline has been no further notices for a six (6) month periodimposed prior to the anniversary date. 15.2.4 Warning notices (i) Where the Employer intends to discipline an employee, such discipline must take place within fourteen (14) days of disciplinary action the occurrence of the alleged infraction or when the Employer first becomes aware of the alleged infraction. (j) The Employer agrees that after a grievance has been initiated by the Union, the Employer’s representative will be considered collectivelynot initiate a discussion or negotiation with respect to the grievance, not individually. Any employee who receives three (3) written warning notices whether directly or indirectly, with the aggrieved employee, without the consent of disciplinary action within 12 months shall be subject to further disciplinary action up to and including termination of employmentthe Union.

Appears in 2 contracts

Samples: Collective Agreement, Master Agreement

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DISCIPLINE AND DISCHARGE OF EMPLOYEES. 15.1 The District 14.01 If an Employee is disciplined the following standards shall give consideration to due process and progressive discipline be applied: a. During the probation period specified in its discipline of employees covered by this Agreement. Although each personal situation merits individual investigation , an Employee may be terminated if the Company has concluded that the Employee is unsuitable for status as a permanent Employee. b. Employees who have successfully completed their probation period can only be disciplined or discharged for just and reasonable cause. c. In the event that an Employee is disciplined or discharged for any reason, a Shop Xxxxxxx, or representative of the facts and circumstancestheir choice, every effort will be made by notified and will be present at any meeting the District to establish and maintain consistency and uniformity in discipline of employeesCompany has with the Employee, provided that the Shop Xxxxxxx or representative is on that shift. 15.2 The District shall have the right to discipline 14.02 An Employee disciplined or discharge an employee discharged for justifiable cause, but no employee shall any cause will be discharged or suspended unless a written notice shall have been given to such employee and a copy sent to the union of a complaint against such employee concerning work or conduct and informed of the District initiating an investigation into the initial complaint within ten (10) working days from the date the District demonstrably had knowledge of alleged violation. If such notice is not given to the employee and sent to the Union within ten (10) working days of such alleged violation, any disciplinary action resulting from the complaint shall be null and void. 15.2.1 An employee shall be entitled to receive a written statement notified in writing of the reasons for suspension the discipline or discharge and/or a hearing upon request. 15.2.2 The discipline of an employee will be handled as discretely as at the situation warrants and is possible under the circumstances. 15.2.3 Upon completion time of the investigation into discipline or, at the alleged violation, earliest possible date thereafter. It is the District shall have ten intent that notification will occur no longer than fifteen (1015) working days after the alleged offence. If business conditions require an extension, the Company will notify the Union stating the reason for the delay. In the case of discipline, the notice will state what is required to notify such employee correct the behavior and what will be the consequences of repeating the same behavior. A copy of the results reasons for discipline will be given to the Shop Xxxxxxx. 14.03 With the exception of the District’s investigation and discipline related to an official complaint of the disciplinary action soughtharassment, if any. Upon written request by the employee, warning notices all documented warnings or records of discipline shall be removed from Personnel files one deemed void twelve (112) year months from the date last recorded discipline incident of notice if there have been no further notices a similar nature. Having a harassment discipline on an employee’s record will not be used for a six (6) month periodthe purpose of progressive discipline in non-related disciplines. 15.2.4 Warning notices of disciplinary action will be considered collectively, not individually. Any employee who receives three (3) written warning notices of disciplinary action within 12 months shall be subject to further disciplinary action up to and including termination of employment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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