Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)cause. i) The Employer may discharge, suspend, demote or otherwise discipline Employees who have not successfully completed their probationary period for any reason satisfactory to the Employer. ii) The discharge, suspension, demotion or other disciplining of a probationary Employee shall not be considered a difference arising between the probationary Employee and the Employer or between the Parties and cannot be the subject matter of a grievance or referred to arbitration. 8.02 The Employer agrees to provide written reasons within seven (b7) If calendar days to the affected Employee in the case of discipline, discharge or suspension and further agrees that it is agreed will not suspend, discharge or decided at any stage of the grievance procedureotherwise discipline an Employee who has completed her or his probationary period, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss . 8.03 A copy of seniority. A reinstated employee any completed evaluation which is to be paid placed in an Employee's file shall be first reviewed with the Employee. The Employee shall initial such evaluation as having been read and shall have the opportunity to add her or his wages at views to such evaluation prior to it being placed in her or his hourly rate file. Each Employee shall have reasonable access to all her or his files for the time loss limited to a maximum purpose of reviewing their contents in the employee(s) regular number presence of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge her or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance proceduresupervisor. A copy of each letter the evaluation will be provided to the Employee at her or his request. A request by an Employee for a copy of other documents in her or his file will not be unreasonably denied. No document shall be sent used against an Employee where it has not been brought to her or his attention in a timely manner. 8.04 At the time formal discipline is imposed, an Employee is entitled to be represented by her or his Union representative. In the case of suspension or discharge, the Employer shall notify the Employee of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. The Employer agrees that where an Employee is required to attend a meeting with the Employer that may lead to disciplinary action, within thirty (30) days as a good labour relations practice, it will inform the Employee of the imposition purpose of the meeting and her or his right to Union representation. All investigations related to an Employee’s employment will be completed in a timely manner. 8.05 Any letter of reprimand, suspension or other sanction will be removed from the record of an Employee fifteen (15) months following the receipt of such disciplineletter, suspension or other sanction provided that such Employee has not incurred any further discipline during that period.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that No employee shall be disciplined or discharged except for just and sufficient cause. (b) Where a supervisor intends to interview an employee as part of an investigation that may result in disciplinary action, the employee shall have the right to have a xxxxxxx present at any such interview. If the employee concerned is a xxxxxxx, he shall have the right to have another representative of the Union present, if he so desires. Provided the Employer has been discharged without just cause acted in good faith, failure to have such xxxxxxx present will not invalidate any disciplinary action taken against the grievance shall start at Step 3 and if it is alleged that employee. 20.02 Where an employee has been suspended is disciplined by suspension without just cause pay, or by discharge, the grievance shall start at Step 2 of the grievance procedureEmployer shall, within five (5) working days following the suspension or discharge, notify the employee and Local Union President in writing of the discipline reasons for the suspension or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)discharge. 20.03 Under extenuating circumstances, an employee may be suspended immediately by his immediate supervisor. Except where the employees conduct is so serious that it would be inappropriate to continue his pay, such suspensions shall normally be with pay. 20.04 Where an employee alleges that he has been suspended or discharged in violation of Article 20.01, he may within ten (b10) If it days of the date on which he was notified in writing, or within twenty (20) days of the date of the suspension or discharge, whichever is agreed or decided later, invoke the grievance procedure, including provisions for arbitration, and for the purpose of a grievance, alleging violation of Article 20.01, he shall lodge his grievance at any stage the final level of the grievance procedure, except arbitration, . 20.05 Where it is determined that an employee has been suspended disciplined by suspension without pay, or discharged without just causeby discharge, in violation of Article 20.01, and the Company shall reinstate him Employer decides or an Arbitration Decision rules, that the employee be reinstated in his job former position without loss of seniority, regular pay or any other benefit which would have accrued to him if he had not been suspended or discharged, the employee will be so reinstated on those terms. A reinstated employee is to Such pay shall be paid his wages to him at his hourly rate for the end of the next complete pay period following the reinstatement. 20.06 The Employer agrees not to introduce as evidence in a hearing relating to a disciplinary action any document from the file of an employee, the existence of which the employee was not aware of at the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancefiling. 20.07 Notice of a disciplinary action which may have been placed on the personal file of an employee shall be destroyed after three (c3) Where an Arbitrator years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorrecorded during this period. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an 22.1 A non-probationary employee has been shall not be disciplined or discharged without just cause and sufficient cause. In cases where rules call for a penalty less than immediate discharge and a written warning is not required, the grievance discipline administered shall start at Step 3 and if it is alleged that an employee has been suspended without just cause be commensurate with the grievance shall start at Step 2 seriousness of the grievance procedureviolation. The Board shall not be obligated to re-employ any employee who had been laid off or discharged during his/her probationary period. 22.2 When the Board is considering disciplinary action* against an employee, within the Chief Xxxxxxx shall be notified in advance, in writing, so that the employee may be represented at the time such discipline is invoked. Within five (5) working days of the discipline or discharge being affected. The discharged or suspended an alleged infraction, an employee shall be given notified in writing that disciplinary action is being considered and the opportunity of seeing reasons therefore. The foregoing time limit shall be waived, however, in those cases where the Board could not have been reasonably expected to know, in a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitrationtimely fashion, that an infraction had taken place. Copies of such notification shall be provided to the Chief Xxxxxxx. Should an employee has been suspended or discharged without just cause, choose to not have representation by the Company shall reinstate him in his job without loss of seniority. A reinstated employee Grievance Committee at the time discipline is to be paid his wages imposed, said employee shall indicate such preference in writing and provide copies in advance to his/her immediate supervisor imposing said discipline and the Chief Xxxxxxx. Not withstanding the provisions above, both parties recognize that cases of gross misconduct may require immediate and direct disciplinary action on the part of the supervisor at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancesuch offense takes place. 22.3 When imposing any discipline on a current charge, the Board will not take into account any prior infractions which occurred more than one (c1) Where year prior thereto. In cases where the discipline imposed on an Arbitrator has been selected employee is taken to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodarbitration, however, the parties agree that if an the work performance of said employee is reinstatedover the prior eighteen (18) month period, he shall retain his full seniority, unless otherwise directed may be introduced by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline Board and shall be subject to the provisions of the Grievance procedurearbitration process. A copy of each letter *Disciplinary action shall be sent to the Uniondefined as written reprimand, within thirty (30) days of the imposition of such disciplinesuspension, demotion or, discharge.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an Section 1 No employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been may be dismissed or suspended without just cause cause. Nothing shall prohibit the grievance shall start at Step 2 Collective Bargaining Unit from investigating any dismissal or suspension and resorting to the Grievance Procedure where the employee is not subject to Department of Personnel regulations provided in this Agreement. Until the grievance procedurecase has been discussed with the President in matters not covered by the Department of Personnel regulations, within five (5) working days no employee may be dismissed or suspended, except where the provisions of this section provide for immediate dismissal or suspension. In the discipline event that it is decided, as provided in the Grievance Procedure set forth in this Agreement, that the suspension or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged was without just cause, the Company decision shall reinstate him in his job provide for reinstatement with or without loss of seniorityback pay. A reinstated If the decision directs reinstatement with pay, the Employer shall not receive any credits for wages or compensation earned by the employee is to be paid his wages at his hourly rate for the time loss limited to a maximum while he/she was out of the employee(s) regular number of hours per weekEmployer’s employ. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where Except where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge emergency prevents it, grievances concerning dismissal or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions suspension shall be considered as a form of discipline advanced over all other matters pending for grievance hearings and shall be subject promptly heard. Except in the case of immediate suspension with intent to dismiss for the provisions causes set forth below, no employee may be dismissed or suspended for his/her first offense but shall receive at least one written warning for each different offense. The parties agree that causes for immediate suspension with intent to dismiss without first discussing the matter with the Business Agent shall be the following: 1. Calling or participating in any unauthorized strike, work stoppage or walkout. 2. Drunkenness, proven during working hours, or being under the influence of drugs or alcohol during working hours. 3. Proven theft or dishonesty. 4. Unprovoked assault on his/her Employer or his/her Employer’s representative during working hours. 5. Willful conduct intended to damage equipment or injure fellow employees or third parties. In each instance, the Employer shall promptly notify the Collective Bargaining Unit of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineaction in writing.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. (a1999) 23.1 An employee may be dismissed for cause without notice or pay in lieu thereof. 23.2 (1996) If it is alleged A claim by an employee, who has completed the probationary period of employment in accordance with article 3.2, that an employee he/she has been unjustly discharged without just cause the from his/her employment, shall be treated as a grievance shall start at Step 3 and if it a written statement of such grievance is alleged that an employee has been suspended without just cause the grievance shall start lodged at Step 2 of the grievance procedure, procedure within five (5) working days after the employee has been notified of the discipline or discharge being affecteddischarged. The discharged or suspended employee A probationary employee, if found unsuitable, shall not be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required entitled to leave the premisesgrieve with respect to discharge, providing one is available on site. Time spent will be paid in accordance but with Article 11.06(e). (b) If it is agreed or decided at any stage of this exception, shall have access to the grievance procedure, except arbitration, that . 23.3 Such discharge grievance may be settled by confirming the Employer’s action in dismissing said employee or by reinstating him with full compensation for wages lost or by any other arrangement which is just and equitable in the opinion of the parties to this Agreement. 23.4 When an employee has been suspended discharged he/she shall have the right to meet with a Shop Xxxxxxx for a reasonable period of time before leaving the premises. 23.5 No employee shall be disciplined or discharged without just cause, on his/her day off. 23.6 (2002) Written discipline notices issued to the Company employees must contain information and reasons for which the notice is issued. Such notices shall reinstate him in his job without loss be issued to an employee as soon as the Employer is aware of senioritythe event leading to his/her actions and has a reasonable period of time to investigate the matter. A reinstated copy shall be signed by a Employer Representative and also it shall be signed by the employee(s) involved as acknowledgment. By signing said notice, it shall not be an admission of guilt. Excluding probationary employees, when an employee is to be paid his wages at his hourly rate for the time loss limited to a maximum discharged, he/she shall be notified in writing of the employee(spertinent reason(s) regular number for his/her discharge. Said notification shall be given either the same day during the meeting or by mail in the following days of hours per week. The provision of this Article may be waived if both parties mutually agree his/her discharge, to other methods of resolving the grievanceemployee’s last known address. 23.7 (c1999) Where Employee's written notices and suspensions will be taken from an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.employee’s file after eighteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged No Employee shall be discharged, suspended, demoted, or given a written reprimand without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)reasonable cause. (b) If it is agreed or decided at any stage of Reasons for discipline including suspension, demotion, and discharge shall be submitted in writing to the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, with a copy to the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceUnion. (c) Where All letters of a disciplinary nature shall be removed from an Arbitrator has been selected employee’s file after 18 continuous months without the imposition of discipline of a similar nature. 18.02 Three (3) business days after an employee whose employment is terminated by the Employer, as set forth in Clause 18.01 above, shall be paid all vacation credits and salary due upon such termination of employment. 18.03 All discipline shall be assessed in writing and copied to determine a question respecting an alleged unjust discharge the Union within seven (7) days of the incident or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order first knowledge of the Company to pay or be deemed null and void. The Employer may request of the employee full or partial compensation in accordance with his hourly rate. It is understoodUnion a time limit extension, however, that if an employee is reinstated, he which shall retain his full seniority, unless otherwise directed by the Arbitratornot be unreasonably denied. (a) i) Only Discipline Letters and Discharge/Suspensions Prior to any discipline taking place, an employee shall be considered as interviewed by a form of Union Representative and/or Union Xxxxxxx. No interview shall take place until the employee has his Union Representative and/or Union Xxxxxxx present, otherwise all discipline and shall be subject deemed null and void unless representation is waived by the employee. (b) When a Union Xxxxxxx requires time off from work to accompany an employee to an interview pursuant to this Clause, the Union Xxxxxxx must notify the Employer regarding his required absence and this leave shall be granted without loss of pay. 18.05 The Employer agrees that access to an employee’s Personal File shall be provided to the provisions employee, upon request, with an appointment and during office hours. He may request a representative of the Grievance procedure. A copy of each letter shall Union to be sent to present at the Union, within thirty (30) days of the imposition time of such examination. 18.06 Whenever an employee signs a document pertaining to discipline, they do so only to acknowledge that they have been notified accordingly.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been 1. A Flight Attendant shall not be disciplined or discharged without just cause and without previously being afforded a hearing before the grievance Director of Inflight provided that the Flight Attendant has made herself/himself available for the hearing. The Flight Attendant shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 be notified of the grievance procedure, within five (5) working days time and place of the hearing and the nature of the matter to be discussed. The hearing may be conducted by telephone. The notice must specifically reference that discipline or discharge being affectedmay be assessed and the Flight Attendant shall have the right to the presence of a Union representative or a Flight Attendant of her/his choice, provided such choice is reasonably available. 2. The discharged or suspended employee Nothing contained herein shall prohibit the Company from conducting a pre-hearing investigation to determine whether a disciplinary hearing is warranted. In no case shall an investigative hearing which has the potential to lead to discipline of that Flight Attendant be held without Union representation if such representation is requested and is available within a reasonable period of time. Concurrently, the Union shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)notified. (b) If it 3. When a Flight Attendant is agreed disciplined or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causedischarged, the Company shall reinstate furnish her/him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to with a maximum written statement of the employee(scharge(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine against her/him, with a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union. 4. Nothing herein shall prevent the Company from holding a Flight Attendant out of service without pay pending completion of an investigation into possible discipline or discharge for a serious infraction, within thirty or a lesser infraction which needs investigation and which could lead to suspension or discharge because it follows prior disciplinary incidents. During the investigation for all other alleged infractions, a Flight Attendant will remain active. A Flight Attendant will not be held out of service for more than seven (307) duty days without a letter of charge. 5. A Flight Attendant will not be disciplined for an alleged event which happened more than sixty (60) days prior to the disciplinary notice. 6. The Union will not prosecute and the Company need not accept any grievance challenging discipline or discharge filed on behalf of a Flight Attendant who has not completed the imposition of such disciplineprobationary period established under this Agreement. However, a probationary Flight Attendant shall have the right to submit grievances regarding a contract violation unrelated to discipline or discharge.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. (a) If it A. The concept of progressive discipline is alleged that endorsed by both parties. B. PEF maintains the right to discharge or discipline any employee for just cause. The right shall be exercised with due process. C. Whenever an employee has been discharged without just cause is summoned for an interview which may lead to disciplinary action he/she shall be entitled to USW representation. The employee shall be informed of this right in writing by the summoning party. The employee and/or his/her representative shall be given a copy of any document(s) signed by the employee as part of this interview. D. Whenever PEF initiates disciplinary action against an employee it shall do so in writing and shall contain the following: 1. Stating the reason(s) for such action and the proposed penalty. 2. Specifying the time(s), date(s), and place(s) such alleged misconduct or incompetence took place. 3. Informing the employee of the right of USW representation. 4. The USW President and Grievance Chairperson shall receive a copy of such Notice within forty-eight (48) hours of the time that the employee receives such Notice. E. The employee and USW shall have the right, within 30 working days of receipt of notice pursuant to paragraph D above, to grieve such action commencing at Step 2 of the grievance shall start at Step 3 procedure in Article 3(C) of this agreement; and if it is alleged unresolved at this level it shall be moved to Step 3 within the time frames provided by Article 3(C) of this agreement. The arbitrator shall have the right to sustain, modify or remove the allegations in the Notice and to sustain, modify or delete the proposed penalty. F. An employee shall not be disciplined for any work-related acts which occurred more than one (1) year prior to the imposition of the disciplinary notice. This does not preclude the employer’s use of the employee’s formal work history at an arbitration. G. No employee shall be adversely affected nor shall any penalties be imposed by a disciplinary action until the arbitrator's decision has been rendered. PEF in its discretion may, however, suspend an employee without pay or temporarily reassign the employee when PEF determines that there is probable cause that such employee's continued presence on the job represents a potential danger to persons or property or would interfere with operations. Suspensions without pay and temporary reassignments shall be reviewable by a disciplinary arbitrator at the conclusion of the case, to determine whether PEF had probable cause. Where an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline pay or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causetemporarily reassigned, the Company parties shall reinstate him in his job without loss make every effort to schedule at least the first day of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, arbitration within thirty (30) days of the imposition filing of such disciplinea grievance. The inability of the parties to schedule or complete the arbitration within sixty (60) days of the filing of the grievance shall not entitle the grievant to be reinstated on the payroll or to have the temporary reassignment revoked unless the delay is the direct result of circumstances controllable by PEF. H. An employee suspended without pay shall continue to maintain full health insurance coverage, as provided by this agreement, for the duration of the suspension.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is they are required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him the employee in his their job without loss of seniority. A reinstated employee is to be paid his their wages at his their hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he the Arbitrator shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his their hourly rate. It is understood, however, that if an employee is reinstated, he they shall retain his their full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. The Employer shall not discipline nor discharge any employee without just cause. Warning letters shall be effective only for a period of one (1) year from the date issued. Any employee, other than employees in the trial period set forth in Article VIII, Section 8.2, may request an investigation of his discipline or discharge through the grievance procedure as follows: Any grievance involving a claim of improper disciplinary action, suspension, or discharge must be presented in writing within fourteen (l4) calendar days after the employee is notified of such discipline, suspension, or discharge for the grievance to be considered timely filed. Failure to file such written grievance within this fourteen (l4) day period shall result in the grievance being deemed as untimely filed and the provisions of this Article shall not be invoked on the employee's behalf. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within Within five (5) working days after the filing of the discipline or discharge being affectedgrievance, the union xxxxxxx and/or union field representative shall meet with an Employer representative in an attempt to resolve the grievance. The discharged or suspended employee shall be given If the opportunity of seeing a Xxxxxxx and/or Union President before he grievance is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).not resolved then… (b) If it is agreed or decided deemed useful by either party, a designated Union and Employer representative shall meet within ten (l0) calendar days after Step l (a) above in an attempt to resolve the grievance. This meeting shall take place on the company premises. Each party will be allowed one (1) postponement at any stage of the 1st step grievance level. If the grievance procedureis not resolved, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance.then… (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within Within thirty (30) days after the completion of Step l (a) above or within twenty (20) days after the completion of Step l (b) above, whichever step is applicable, the grievance shall be submitted to a Joint Grievance Committee which shall consist of no less than two (2) Employer-designated representatives and two (2) Union-designated representatives. Each party will be allowed one (1) postponement at the Joint Grievance Committee level. The Joint Grievance Committee shall consider the grievance and shall render a resolution of the imposition grievance, by majority vote, which shall be final and binding on the employer, union, and employee. If the Joint Grievance Committee is deadlocked on the resolution of such disciplinethe grievance, then either the employer or union may invoke the arbitration procedure set forth in Step l2.2 (l) (c) below. Prior to arbitration, the General Manager or the Labor Relations Director of the Company or his designee and the Secretary- Treasurer of the Union or his designee may meet on the grievance to attempt resolution. The Joint Grievance Committee shall meet on a monthly basis at the Jewel Complex.

Appears in 2 contracts

Samples: Warehouse Agreement, Warehouse Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been 10.01 No Member will be disciplined, suspended, or discharged without just cause cause. 10.02 Any disciplinary action shall be measured against the severity and the frequency of the violation along with any aggravating and/or mitigating circumstances. Discipline shall be progressive except in serious infractions. 10.03 Where a Member is suspended or discharged after the completion of their probationary period, they and the Union shall be informed, at the same time, of their discharge or suspension. The Member’s supervisor will encourage the Member to exercise their right to have a Union Representative present at this meeting. Staff Relations will inform the Union in advance of such meetings. A written confirmation of said discharge or suspension shall be provided to the Member and the Bargaining Unit within five (5) days. 10.04 The termination of employment of a Temporary Full-Time Member at the end of a predetermined period or upon completion of a specific project for which they were hired shall not be the subject of a grievance, subject to the provisions of this Collective Agreement. 10.05 A Member who has completed their probationary period and to whom Paragraph 10.04 does not apply, may initiate a grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the Grievance Procedure alleging that they have been unjustly discharged or suspended. Such grievance procedure, shall be filed within five (5) working days after the discharge or suspension has been effected. 10.06 When the University deems it necessary to discipline a Member, the University will inform the Member in writing, copied to the Bargaining Unit President, of the date, time and location of meeting. In the case of a Member employed at an off-campus worksite, the Regional Representative shall be copied as well. 10.07 The University recognizes that a Member has the right to be, and will be accompanied by, their representative for cases involving discipline and discharge. 10.08 Any claim of unjust discipline or discharge will be submitted to the Grievance and Arbitration Procedure (Article 11 - Grievance Procedure) within five (5) days from the date of receipt of the discipline or discharge being affected. letter. 10.09 The discharged or suspended employee Bargaining Unit shall receive a copy of all discipline letters given to Members covered by this Collective Agreement. 10.10 It is agreed that discipline letters within Members’ Human Resources files shall be given the opportunity of seeing removed after a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). two (b2) If it is agreed or decided at any stage of the grievance procedure, except arbitration, year period provided that an employee no further discipline has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(srecorded within that two (2) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceyear period. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an Section 1 No employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been may be dismissed or suspended without just cause cause. Nothing shall prohibit the grievance shall start at Step 2 Collective Bargaining Unit from investigating any dismissal or suspension and resorting to the Grievance Procedure where the employee is not subject to Department of Personnel regulations provided in this Agreement. Until the grievance procedurecase has been discussed with the President in matters not covered by the Department of Personnel regulations, within five (5) working days no employee may be dismissed or suspended, except where the provisions of this section provide for immediate dismissal or suspension. In the discipline event that it is decided, as provided in the Grievance Procedure set forth in this Agreement, that the suspension or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged was without just cause, the Company decision shall reinstate him in his job provide for reinstatement with or without loss of seniorityback pay. A reinstated If the decision directs reinstatement with pay, the Employer shall not receive any credits for wages or compensation earned by the employee is to be paid his wages at his hourly rate for the time loss limited to a maximum while he/she was out of the employee(s) regular number of hours per weekEmployer’s employ. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where Except where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge emergency prevents it, grievances concerning dismissal or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions suspension shall be considered as a form of discipline advanced over all other matters pending for grievance hearings and shall be subject promptly heard. Except in the case of immediate suspension with intent to dismiss for the provisions causes set forth below, no employee may be dismissed or suspended for his/her first offense but shall receive at least one written warning for each different offense. The parties agree that causes for immediate suspension with intent to dismiss without first discussing the matter with the Business Agent shall be the following: 1. Calling or participating in any unauthorized strike, work stoppage or walkout. 2. Drunkenness, proven during working hours, or being under the influence of drugs or alcohol during working hours. 3. Proven theft or dishonesty. 4. Unprovoked assault on his/her Employer or his/her employer’s representative during working hours. 5. Willful conduct intended to damage equipment or injure fellow employees or third parties. In each instance, the Employer shall promptly notify the Collective Bargaining Unit of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineaction in writing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without A. Discipline and/or discharge shall be for just cause cause. Nothing contained herein, however, shall deprive the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employee of the grievance procedure. B. The Employer shall provide the Employee with charges and specifications, in writing, at the time of discipline or discharge, with copies to the Union. An exception to this Section will occur when, by the necessity to immediately discipline or discharge an Employee, it is not possible for the Employer to provide in writing the charges prior to taking action. In these instances the Employer shall within five twenty-four (524) working days hours of the initial action, provide to the Employee and Union in writing the charges supporting the discipline or discharge. C. Upon request, the Employer or its designee may discuss the discipline or discharge being affected. The with the Employee and his/her Chief Xxxxxxx or designee. D. Should the disciplined or discharged Employee consider the discipline or suspended employee discharge improper, the matter may be referred to the grievance procedure at Step II. E. In imposing any discipline on a current charge, the Employer will not take into account any prior infractions which occurred more than two (2) years previously, provided that like offenses committed by the Employee are exempt from this Paragraph. F. Written reprimands for minor offenses, not resulting in disciplinary time off, shall be given removed from the opportunity Employee's personnel file one (1) year subsequent to the date of seeing a Xxxxxxx and/or Union President before he such reprimand, provided that no like offense is required to leave committed by the premisesEmployee during that year. At the discretion of the Chief of Police, providing one is available on siteremoval of such documents may occur after six (6) months. Time spent It will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage the responsibility of the grievance procedureemployee receiving the discipline to request the removal in writing, except arbitrationvia the chain of command, that an employee has been suspended or discharged without just causeto the Chief of Police. If the six (6) month request is denied, the Company shall reinstate him in his job without loss of seniority. A reinstated employee denial is to be paid his wages at his hourly rate for the time loss limited not subject to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he G. All employees shall have power the right to be present and jurisdiction to: i) uphold the discharge represented by a Union representative at all disciplinary conferences or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorprocedures. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of H. In those cases in which the Union requests Employer to disclose documents relating to discipline and discharge of Employees, Employer shall be subject to comply with the provisions requirements of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinePublic Employment Relations Act.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a21.01 The Employer shall only discipline or discharge for just cause. Both parties recognize the value of progressive discipline. 21.02 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including dismissal. Unsatisfactory conduct and/or performance by an Employee, which is not considered by the Employer to be serious enough to warrant suspension or dismissal, may result in a written warning to the Employee. 21.03 A written warning shall provide the specifics of the issue(s) If it is alleged that gave rise to the disciplinary action, shall provide direction regarding work performance expectations and a time line for improvement, as well as indicating that further discipline or dismissal may follow any similar or other infractions. A copy of the written warning shall be placed on the Employee’s personnel file. A copy of the written warning shall be forwarded to the Union. 21.04 The Employee will sign any written notice of discipline for the sole purpose of indicating that they are aware of the disciplinary notice. 21.05 A claim by an employee has Employee that they have been unjustly disciplined or discharged without just cause the grievance shall start at Step 3 and if it is alleged that will be treated as an employee has been suspended without just cause the grievance shall start individual grievance, commencing at Step 2 of the grievance procedure, provided the person submits their written grievance, dated and signed within five ten (510) working calendar days after the date of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)discipline. 21.06 An Employee who has been subjected to disciplinary action shall, after twelve (b12) If it is agreed or decided at months) of continuous service from the date the disciplinary measure was invoked, have their personnel file considered purged of any stage record of the grievance proceduredisciplinary action, except arbitrationprovided the Employee’s file does not contain a related record of disciplinary action during the twelve (12) month period, that an employee has been suspended of which the Employee is aware. 21.07 An Employee shall have the right to have a Union Xxxxxxx or discharged without just causea Union Representative of their choosing present when disciplinary notice is issued verbally or in writing. Notwithstanding the Employee’s choice of Union representation, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum delivery of the employee(sdisciplinary notice shall not be delayed more than forty-eight (48) regular number hours due to the unavailability of hours per weekthe Employee’s choice of representation. The provision of this Article Upon mutual agreement in writing between the Union Representative or Union Xxxxxxx and the Employer, the aforementioned forty-eight (48) hour time limit may be waived if both parties mutually agree to other methods of resolving the grievanceextended. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. 17.01 The Employer recognizes that progressive discipline is a fundamental principle of this Agreement. (a) If No employee shall be suspended or discharged except for just cause. Where an employee is suspended or discharged, the Employer within ten (10) working days of the suspension or discharge shall notify the employee in writing by registered mail or personal service stating the reason for the suspension or discharge, and a copy of such notice of suspension or discharge will be forwarded to the Local President. (b) Where an employee is disciplined and a letter of reprimand is deemed appropriate, the Employer shall, within ten (10) working days of the discipline, notify the employee and the Union in writing stating the reason for the discipline imposed. 17.03 Where it is alleged determined that an employee has been discharged disciplined by suspension without just cause pay or by discharge in violation of Article 17.02, that employee shall be immediately reinstated in his former position without loss of continuous service or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits, which he shall not lose, is his regular pay during the period of suspension or discharge which shall be paid to him at the end of the next complete pay period following his reinstatement. 17.04 The Employer shall not introduce as evidence in a grievance or adjudication proceeding under this Agreement any document pertaining to disciplinary action the existence of which the employee was not aware. 17.05 No unfavorable note, report or letter shall start at Step 3 be filed in the employee’s personal record file prior to the employee being notified in writing and if it is alleged that an having access to said note, report or letter. All references to disciplinary action taken against the employee shall be removed after twenty four (24) months from the date of the imposition of the discipline, providing no other instance of disciplinary action in respect of the employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedurerecorded during that period. 17.06 Upon request, within five (5) working days of the discipline or discharge being affected. The discharged or suspended an employee shall be given the an opportunity of seeing to read his file four (4) times a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)year at a mutually agreed upon time. 17.07 Where the Employer intends to interview an employee for disciplinary purposes, except in the case of an emergency, the Employer shall so notify the employee at least forty eight (b48) If it is agreed or decided at any stage hours in advance of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum purpose of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he interview and shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay inform the employee full or partial compensation of his right to have a Union representative present at the interview in accordance with his hourly rate. It is understood, however, order that if an the employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratormay contact his/her Union representative. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. (a) Section 12.1 Disciplinary action may be imposed on an Employee for cause. The parties intend that disciplinary action shall entail a reasonable and fair application of policies, procedures and/or applicable laws. Disciplinary action includes conditional employment periods, dismissals, involuntary demotions, suspensions without pay, unacceptable conduct notices, and written reprimands. Verbal and written performance counselings are not disciplinary actions. The Employer endorses the principle of progressive discipline. Notwithstanding this general endorsement, however, the Employer reserves the right to impose the level of discipline for which there is cause. Grievances and appeals of disciplinary actions are governed by the grievance procedure outlined in Article 14 of this labor Agreement and the rules of the Administrative Hearing Commission. The Employer shall make its decision regarding discipline as soon as possible after consideration of all facts involved in the matter. Section 12.2 When an Employee fails to successfully complete a promotional probationary period and is not subject to dismissal, the Employee will be reinstated to the class, but not necessarily the same position occupied immediately prior to the promotion. Such Employee’s salary will be adjusted to at least the level of pay received prior to the promotion. Section 12.3 If it an Employee is alleged questioned about a matter or is being interviewed in an investigation that he reasonably believes may result in discipline including, but not limited to letter of reprimand, demotion, suspension, or dismissal, the Employee shall at his request be entitled to receive advice, counsel, assistance, and representation by a co-worker of the Employee’s choice, a local Union Representative, or Union Xxxxxxx. In the event no local Xxxxxxx is available, the Employee may request a Xxxxxxx from a neighboring district/facility. In these situations, an employee Employee may make this request for representation at any time and before any further discussion or questioning takes place. The Employee’s right to request representation shall be based upon an Employee reasonably believing that the matter may lead to disciplinary action. The determination of reasonableness shall be based upon objective standards and a reasonable evaluation of all the circumstances. At the point the Employee has been discharged without just cause notified that he is the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 subject of the grievance procedureinvestigation, within five (5) working days the Employee has the right to representation by a Union Xxxxxxx and or Union Representative before any further discussion with the Employer. Unless there is a need for immediate action, the Employer will provide advance notice of any investigatory meetings and the nature of that meeting to the Employee. If the Employee is scheduled for an interview at another work location, the Representative may be from either work location in order to facilitate both the Employee’s right to representation as well as the efficient operation of each facility. The arrangements for this assistance or representation shall not delay the proceedings. An Employee shall not withhold information which affects or could affect ongoing operations of state government or the Employer. An Employee, Xxxxxxx or Union Representative shall not provide such advice, assistance or representation if he is also involved in that same matter. If an investigation results in suspension, demotion or dismissal, the Employee may request a meeting with the Appointing Authority or designee. Section 12.4 All information exchanged during the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent process will be paid exchanged in accordance with Article 11.06(e). (b) If it is agreed this Agreement, applicable statutes, regulations and/or policies. Information shared or decided at any stage of obtained during the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions investigation process shall be considered as a form of discipline confidential and shall not be subject discussed or communicated in any way by any representative except with the represented Employee or other Union officials with a business need to know the information. Management and/or investigative staff will only share information gained during this process with those with a business need to know such information. If the Union Representative or Union Xxxxxxx is providing assistance to more than one Employee involved in the same investigation, information gained during any interview session shall be considered confidential and shall not be shared with other Employees. Section 12.5 A regular Employee will be given notice prior to the provisions effective date of a suspension, demotion or dismissal. Such notice will indicate the reasons for such action and provide a sufficient amount of time for the Employee to show reasons why the action should not be taken. The Employee may choose to respond either in writing or to request a meeting with the Appointing Authority or designee. An Employee shall not be denied the request for the meeting. An Employee may have a Union Xxxxxxx or Union Representative to advice, assist or represent the Employee during any such meeting. Section 12.6 At any meeting between an Employee and the Employer that relates to disciplinary action and tape recording of proceedings occur, a copy of the Grievance procedure. A copy of each letter tape(s) and transcript (if the tape(s) are transcribed) will be provided if permitted by law to the Union upon request and at the Union’s expense. Section 12.7 Each Employee shall be sent allowed to inspect his personnel files upon written request and prior arrangement with the Unionappropriate staff. Section 12.8 The Union and the Employer agree that it is in the best interests of both parties to ensure that allegations made against an Employee in the Bargaining Unit by a client, within thirty (30) days patient or resident, by the significant other or family member of a client, patient or resident, or by members of the imposition of such disciplinegeneral community are reviewed and assessed prior to initiating any disciplinary action.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged A. The Producer shall have full rights to discipline or discharge for cause any employee subject to this Agreement provided that the rules set forth in this Article have been followed; provided that an employee, when hired by the Producer for the first time or rehired after a break in seniority, may be discharged or disciplined for any reason during the first ninety (90) days of employment ("Probation Period"). Employees who have completed the applicable Probation Period shall only be disciplined or discharged for cause. B. Before any employee has subject to this Agreement shall be discharged for unsatisfactory work performance, including qualitative and quantitative work performance, at least two (2) written notices shall have been discharged without just cause served upon the grievance employee. If the employee cannot be contacted, the Producer shall start at Step 3 and if it is alleged that an employee has been suspended without just cause so notify the grievance shall start at Step 2 Business Representative of the grievance procedureLocal Union. C. The first notice shall clearly state in what manner the employee's work performance is considered to be unacceptable and shall clearly warn the employee of the possibility of discipline, within including discharge, if the work performance does not improve. The second notice may be served upon the employee no sooner than five (5) working days after the service of the discipline or discharge being affectedfirst notice. The discharged second notice, if final, shall set the date and time of termination of employment, which may be contemporaneous with such notice. D. Copies of all notices provided for in this Article shall be mailed or suspended delivered to the Business Representative not more than two (2) working days after service of the notice to the employee. E. Failure of an employee to challenge a disciplinary warning notice shall not constitute an admission of guilt under that warning notice. Disciplinary memos issued to an employee are admissible evidence in a grievance and/or arbitration proceeding. However, such disciplinary memoranda issued more than one (1) year prior to the incident or event giving rise to said grievance shall not be admissible. The employee shall be given have the opportunity right to challenge such disciplinary memo under the grievance and arbitration procedure of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)this Agreement. (b) If it F. An employee need not be warned prior to any possible disciplinary action based on dishonesty, alcohol or drug use, fighting, gross insubordination, recklessness resulting in serious accident while on duty, gambling, or other offenses of a similar nature. The foregoing is agreed or decided at not intended to affect the meaning of "cause." G. Any alleged violation of any stage provision contained in this Article 16 shall be arbitrable only by Expedited Arbitration as provided herein, except where the parties shall mutually agree otherwise in writing, in which event such alleged violation may be submitted to Regular Arbitration as provided herein. However, if such alleged violation is submitted to Regular Arbitration, the authority of the grievance procedure, except arbitration, that an employee has been suspended Arbitrator to award any damages or discharged without just cause, remedies to the Company parties shall reinstate him in his job without loss of seniority. A reinstated employee is to nonetheless be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed governed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineExpedited Arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause 13.01 In the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause exercise of its Management Rights, the grievance shall start at Step 2 of the grievance procedureHospital may reprimand, within five (5) working days of the suspend, discharge, or otherwise discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without Nurse for just cause. Any disciplinary action which would be noted on a Nurse’s personnel file and which might adversely affect said Nurse’s employment status, must be made known to the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article Nurse involved and may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed processed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered Nurse as a form of discipline and shall be subject to grievance through the provisions regular steps of the Grievance procedureProcedure. Upon the lapse of a period of one (1) year of non-recurrence, a verbal or written reprimand for a matter not involving patient care will not be considered in imposing further discipline for a similar offense. 13.02 A Nurse shall not be pre-emptorily discharged. Where the Hospital concludes that a Nurse’s conduct justifies discharge, she shall be suspended initially for seven (7) days and given written notice of such action. A copy of each letter such notice shall be sent furnished to the Union President or her designee at the same time. The Union President or her designee will also be given notice of any suspensions. 13.03 The Nurse, either on her own behalf or through the Union, may appeal her discharge by giving written notice thereof to the CEO or his/her designee within thirty seven (307) days after receipt of the imposition notice of discharge. In such disciplineevent, the issue shall be submitted directly to Step 3 of the Grievance Procedure. In the event that no appeal is made within the prescribed seven (7) day period, the Nurse and the Union waive the above appeal right and the suspension shall automatically be converted to a discharge. When an appeal is made, the Nurse shall remain suspended through the Hospital’s decision at Step 3 of the Grievance Procedure. When the Hospital renders its decision at Step 3, it shall decide whether to convert the suspension to discharge, to impose a suspension for a specific period of time, or to reinstate the Nurse to her employment with the Hospital, with or without loss of pay or benefits. The Hospital’s decision may be appealed in accordance with Section 12.03 of this Agreement. 13.04 The Hospital recognizes a Nurse’s right to representation in a meeting with a supervisory or management representative of the Hospital when the Nurse is notified that the purpose of the meeting is accusatory in nature or where the meeting might reasonably be expected to lead to disciplinary action against the Nurse. In such cases, upon timely request by the Nurse, the Hospital will permit a Union Representative of the Nurse’s choosing to be present during the meeting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given done in a manner that will not embarrass the opportunity of seeing a Xxxxxxx and/or Union President employee before he is required to leave other employees or the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)public. (b) If it is agreed B. Discharge, Reduction in Pay or decided at any stage of the grievance procedurePosition, or Suspension for more than Thirty Days - The Employer shall not, except arbitrationwith just cause, that an discharge any employee who has been suspended completed his probationary period nor shall the Employer reduce in pay or discharged position or suspend any such employee without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may employee will be waived if both parties mutually agree to other methods of resolving the grievancepromptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. (c) Where an Arbitrator has been selected to determine 1. In the event of a question respecting an alleged unjust discharge discharge, reduction in pay or suspensionposition, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within suspension for more than thirty (30) days of an employee who has completed his probationary period, the imposition management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representatives within five (5) calendar days from the date of the action complained of. 2. In the event an employee, except an employee of the Police Department, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Civil Service Commission. The Civil Service Commission shall, as part of its investigation, refer such request to its Hearing Officer. The Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations which shall be forwarded within fifteen (15) days after the hearing to the Civil Service Commission for its determination. The Commission shall take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Commission's written decision shall be sent to the aggrieved employee, the CUB representative and the Department Head.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it An Employee who is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given a reasonable opportunity to meet with his/her xxxxxxx before leaving the opportunity of seeing a Xxxxxxx and/or Union President before he Employer's premises unless in the circumstances it is required necessary to require the Employee to leave the premises, providing one is available on sitepremises immediately. Time spent will The Employee shall be paid notified in accordance with Article 11.06(e)writing of such discharge or suspension. (b) If it An Employee who is agreed discharged or decided suspended may file a grievance at any stage Step Two of the grievance procedure, except arbitration, that an employee has been suspended procedure within seven (7) days of such discharge or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancesuspension. (c) Where An Employee, upon written request to her supervisor, may, in the presence of a Manager as xx xxxxxx agreed upon by the Employer and Employee, review the con tents of her personnel file at a mutually agreeable time. An Employee shall have the right to obtain copies of any documents contained in her personnel file provided to the Employee. A Union Representative/Xxxxxxx, with the written consent of the Employee, shall be entitled to review an Arbitrator Employee's personnel file in order to facilitate the investigation of a grievance. (d) The Employer shall endeavour to hold a meeting with an Employee fo1· the purpose of dispensing discipline by way of a written warningf suspension, or discharge and the Employer shall inform the Employee of the purpose of the meeting and her right to be represented by a Union Representative/Xxxxxxx at such meeting. (e) Disciplinary letters shall be removed from the Employee's file after a period of twenty-four (24) months from the date of the incident, provided there has been selected no intervening discipline of any kind. (f) It is generally the policy of the Employer to determine a question respecting an alleged unjust discharge or apply progressive discipline of verbal warning, written warning and suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, were applicable so that if an employee is reinstatedgiven the opportunity to fully understand their responsibilities and expected level of performance. Notwithstanding a process of progressive discipline, he shall retain his full seniority, unless otherwise directed by the ArbitratorEmployer reserves the right to bypass any step in the progressive discipline process and proceed directly to termination for just cause where it determines that the conduct warrants a termination of employment for just cause. The Union reserves the right to grieve any discipline issued. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 8.01 The discharge, discipline, suspension, termination or lay-off of a probationary employee shall be in the sole discretion of the Employer and such discharge, discipline, suspension, termination or lay-off of a probationary employee is not subject to the grievance and arbitration provisions of the Collective Agreement and cannot be grieved. 8.02 The Employer and the Union agree that certain offences are of such gravity and importance that the Employer may impose the specific penalty of discharge on the offending employee. Therefore it is agreed that the following specified causes will be conclusively deemed to be sufficient for the discharge of an employee but will not deprive the employee, who has completed her probationary period, of access to the grievance and arbitration procedures in this Collective Agreement: (a) If it releasing confidential personal or medical information about a client to unauthorized persons; (b) assaulting or abusing a client or care giver/family member; (c) theft of property from a client, care giver/family member or the Employer; 8.03 The Employer agrees to provide the employee and the Union with any written statement from a client that is alleged that relied upon by the Employer for imposing any discipline upon an employee. 8.04 An Employee shall have the right to the presence of a Union Xxxxxxx, upon request, at any meeting with the Employer at which disciplinary action may be imposed. The Employer shall notify the employee of this right in advance. The Union shall be notified of the dismissal of an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five two (52) working days of being issued. 8.05 The provisions of Article 8.02 shall not restrict the right of the Employer to discipline or discharge being affectedfor grounds other than those listed herein. 8.06 A disciplinary notation shall not be utilized by the Employer in imposing discipline if the employee has had a two (2) year period during which no written disciplinary action has been placed on her file, unless the employee has not worked any shifts for a period of six (6) months or more during a two (2) year period. The discharged If such absence occurs the two (2) year period can be extended for the length of the absence. 8.07 A discharge grievance may be settled by confirming the Employer’s action in dismissing the employee or suspended by reinstating the employee shall be given with full compensation for time lost or by any other arrangement, which is just and equitable in the opportunity opinion of seeing the conferring parties. 8.08 If a Xxxxxxx and/or Union President before he is required discharge grievance goes to leave arbitration, the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).Arbitrator or Arbitration Board may: (a) confirm the dismissal of the employee; or (b) If it is agreed or decided at any stage of reinstate the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate with full compensation for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance.lost; or (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold dispose of the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) grievance on terms which the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the ArbitratorArbitration Board considers just and equitable. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that ‌ 28.1 Disciplinary actions shall include only the following: oral reprimand, written reprimand, demotion, suspension or discharge in writing. 28.1.1 Disciplinary action or measures may be imposed only for just cause. Disciplinary actions imposed upon an employee may be processed as a grievance through the regular grievance procedure. If the Employer has been discharged reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 28.2 The Employer shall not discharge any non-probationary employee without just cause cause. If, in any case, the grievance shall start at Step 3 and if it Employer feels there is alleged that an employee has been suspended without just cause for such discharge, the grievance shall start at Step 2 of the grievance procedure, within employee involved will be suspended for five (5) working days without pay or accrual of benefits. The employee and their Union representative will be notified in writing that the employee has been suspended and is subject to discharge. Such notification shall state the reason in detail for the suspension and discharge specifying dates, locations, and the particular nature of the discipline reason for the suspension and discharge. 28.2.1 The Union shall have the right to take up the suspension and/or discharge as a grievance as specified at 29.1.3 of the Grievance procedure, and the matter shall be handled in accordance with this procedure through arbitration, if deemed necessary by either party. 28.2.2 Any employee found to be unjustly suspended or discharge being affected. The discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment, or suspended as otherwise stipulated by mutual agreement or by a Board of Adjustment or by an arbitrator under the grievance procedure hereinafter set forth. 28.3 During the probationary period an employee may be terminated for any reason without recourse under the Grievance and Arbitration procedures of this Agreement. 28.4 If the Employer has reason to discuss any disciplinary action with an employee, the employee shall be given the opportunity option of seeing having a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)representative present at any such discussion. (b) If it is agreed or decided at any stage 28.5 Upon request of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causerecords of reprimands shall be removed from an employee's personnel file after two (2) years, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodprovided, however, that if an the employee is reinstatedhas taken corrective action, he shall retain his full seniority, unless otherwise directed by the Arbitratorand has received no other disciplinary actions. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the Employer w ill not discipline or discharge being affected. The discharged or suspended an employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).w ho has complet ed his probat ionary period w ithout just and sufficient cause; (b) If it is agreed the termination of a probationary employee shall not be the subject of a grievance or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where if an Arbitrator employee w ho has complet ed his probat ionary period believes that he has been selected to determine disciplined (including a question respecting an alleged unjust discharge disciplinary demot ion) or suspensiondischarged w ithout just and sufficient cause, he shall have power file a grievance at Stage Tw o w ithin seven (7) calendar days of the receipt of the notice of such discipline or discharge; (d) The Employer shall issue a w rit ten notice of discipline (including a disciplinary demotion) or a discharge at the time of effecting the discipline or discharge and jurisdiction to:provide a copy to the Chief Stew ard or his designate. A copy shall also be forw arded to the Union Office at this t ime; i(e) uphold all discipline, w rit t en or otherw ise, w ill be removed from the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatementrecord of an employee, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay w ill not be admissible into evidence 12 months follow ing receipt of such discipline provided that the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratordoes not receive additional discipline w ithin a ten (10) month period. (af) i) Only Discipline Letters and Discharge/Suspensions at the time that formal discipline is to be imposed on an employee, the employee shall be considered as accompanied by a form of discipline and union stew ard. Where no union stew ard is readily available, time limits shall be subject adjusted accordingly. In the case of immediat e discharge w ith no st xx xxx readily available, the employee may request that another employee of his/her choice accompany him/her. (g) any meeting w ith an employee to impose discipline shall take place during normal w orking hours; (h) the provisions of the Grievance procedure. A copy of each letter Employer shall be sent to the Union, within thirty (30) take disciplinary action against an employee w ithin 14 calendar days of the imposition employee’ s conduct causing the discipline or 14 days after the Employer became aw are of such disciplinethe employee’ s conduct.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged All discipline, at the level of written warning or more serious discipline, shall be given in the presence of a shop xxxxxxx. The Employer agrees that disciplinary penalties shall not be imposed unjustly. All discipline and reasons therefore shall be provided to the employee in writing. A copy of all discipline and reasons therefore, at the level of written warning or more serious discipline, shall be sent to the Union. In the event of a claim that an employee has been discharged without just cause or suspended unjustly, the grievance shall start be filed at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). Employees and the Union shall be permitted reasonable access to their disciplinary record upon request. All warning letters shall be rescinded after a period of twelve (b12) If it is agreed or decided at any stage months unless the offence has been an issue within those months. ARTICLE Il SENIORITY Newly hired employees shall serve a probationary period of days worked within twelve (12) months. Upon completion of the grievance procedureprobationary period, except arbitration, that a new employee shall have their Seniority dated back days worked. During the probationary period an employee has been suspended shall be considered as being employed on a trial basis. Seniority shall mean an employee's length of continuous service with the Employer. An employee shall maintain and accumulate seniority while they are actively at work for the Employer after they have completed their probationary period as set out in Article above, or discharged without just causeduring absences approved by the Employer, including lay- off, sickness or accident, leave of absence and pregnancy and parental leave: Seniority lists will be supplied to the Company Union and posted on the bulletin board on a quarterly basis in each year of this Agreement. If an employee does not challenge the position of his or her name on the seniority list within fifteen (15) working days from the date their name first appears on the seniority list, provided they are at work when the list is posted, then they shall reinstate him in his job without loss be deemed to have proper seniority standing. In the event the employee not at work when the list is posted he or she must object to their seniority standing within fifteen (15) working days from the date he or she returns to work. The Employer agrees to provide the Chief Xxxxxxx with a list of senioritytemporary workers within week of commencing work. A reinstated -Seniority once established for an employee is shall be forfeited and the employee's employment shall be deemed to be paid his wages at his hourly rate for terminated under the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction tofollowing conditions: ia) uphold if he resigns; if he is discharged for just cause and not reinstated through the discharge Grievance Procedure; if he fails to report for duty after a lay-off or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation leave of absence in accordance with his hourly ratethe provisions of this Agreement. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. on lay off for a period (a12) i) Only Discipline Letters and Discharge/Suspensions shall be considered as consecutive months or a form period of discipline and shall be subject time equivalent to the provisions employee's seniority prior to lay off, whichever is less, but in no circumstances shall such period of the Grievance procedure. A copy of each letter shall time be sent to the Union, within thirty less than six (306) days of the imposition of such discipline.months;

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. ‌ Section 1. No employee, after having completed their probationary period, will be discharged, suspended without pay or subjected to other disciplinary action without cause. Section 2. Under normal circumstances, the Employer, in order to vary the discipline with the circumstances, may utilize any or all of the following in order to maintain order and efficiency of the operation, and to allow the employee an opportunity to correct the deficiency: counseling, written warning, suspension and termination. Section 3. Employees will be subject to immediate discharge for stealing, drinking on duty or reporting for duty under the influence of alcohol, illegal possession or use of a controlled substance, possessing a lethal weapon, fighting while on duty, destruction of hospital or company property, and willful misconduct. Section 4. The Employer will notify the Union in writing of any disciplinary action, including discharge or suspension within forty‐eight (a48) If it is alleged that an hours of the such disciplinary action being taken. Any employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee who has been suspended without just cause pending investigation, shall receive a decision from the grievance shall start at Step 2 Employer by the fifteenth (15th) working day from the date of the grievance procedure, within five (5) working days suspension pending investigation. This time period may be extended by mutual agreement of the discipline or discharge being affectedparties. The discharged or suspended Such requests will not be unreasonably denied by the Union. Section 5. Warning notices will become null and void after one (1) year, provided that the employee has no other disciplinary actions within that period. Section 6. An employee shall be given the opportunity of seeing permitted to have a Xxxxxxx and/or Union President before he of his or her choice attend any meeting with the Employer, or its agents, where the meeting is required for the purpose of investigating alleged misconduct by the employee that might be the basis for, or which may result in, discharge, suspension or other disciplinary action. If the employee indicates that he/she wants a Xxxxxxx to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causepresent, the Company disciplinary meeting shall reinstate him in his job without loss of seniority. A reinstated employee is be postponed for up to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(stwenty-four (24) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay so that the employee full selected Xxxxxxx can attend the meeting. If the meeting is for suspension or partial compensation in accordance suspension with his hourly rate. It is understoodintent to discharge, howevera Xxxxxxx, that if an or other bargaining unit employee is reinstated, he shall retain his full seniority, unless otherwise directed chosen by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions affected employee, shall be considered as asked to attend in a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinewitness capacity only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer must impose a disciplinary action no later than thirty (a30) If it is alleged that an employee has been discharged without just cause days after the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employer knew or reasonably should have known of the grievance proceduremisconduct for which the disciplinary action is being imposed, or within five (5) working 30 days after the completion of the discipline an investigation which shall be conducted in a reasonable period of time. B. Discharge, Reduction in Pay or discharge being affectedPosition, or Suspension for more than Thirty Days. The discharged or suspended employee Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedurenot, except arbitrationwith just cause, that an discharge any employee who has been suspended completed his probationary period nor shall the Employer reduce in pay or discharged position or suspend any such employee without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may employee will be waived if both parties mutually agree to other methods of resolving the grievancepromptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. (c) Where an Arbitrator has been selected to determine 1. In the event of a question respecting an alleged unjust discharge discharge, reduction in pay or suspensionposition, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within suspension for more than thirty (30) days of an employee who has completed his probationary period, the imposition management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representative within five (5) calendar days from the date of the action complained of. 2. In the event an employee, who has completed his probationary period, is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Board. The Board shall, as part of its investigation, refer such request to its panel of Hearing Officers. Members of the panel of neutral Hearing Officers shall be mutually selected by the Office of Legal Counsel and by CUB and may be removed from the panel by either party on thirty (30) days advanced written notice. Members of the panel of Hearing Officers shall be selected for hearings on a rotating basis. If the Hearing Officer is unavailable to conduct the hearing, the next available Hearing Officer on the rotation shall be selected. The Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Board shall pay the costs for the Hearing Officer. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations, which shall be forwarded within fifteen (15) days after the hearing to the Board for its determination. The Board shall consider exceptions taken to the Hearing Officer's findings if submitted in a timely fashion by the parties and shall then take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Board's written decision shall be sent to the aggrieved employee, the CUB representative and the CEO. Either party may then file an appeal to the Maryland State Board of Education followed by judicial review in the Circuit Court for Baltimore City. 3. All Board disciplinary proceedings shall be recorded on a tape recorder and/or related machinery to be supplied by the Employer. Following a final disposition by the Board on the Hearing Officer's advisory recommendations, tapes of the Hearing Officer's proceedings in each individual disciplinary matter shall be preserved and inserted in the affected employee's personnel file for further review not to exceed thirty (30) days. C. Any employee scheduled for a disciplinary hearing or meeting must be given prior notice by management that he has a right to representation by his CUB Representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended 26.1 No employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premisesremoved, providing one is available on site. Time spent will be paid discharged, reduced in accordance with Article 11.06(e). (b) If it is agreed rank or decided at any stage of the grievance procedurepay, except arbitration, that an employee has been suspended or discharged without otherwise disciplined except for just cause, and in no event until furnished with a written statement of the Company shall reinstate him charges and the reason for such action. Should disciplinary action be considered, within fifteen (15) calendar days from the date the Employer became aware of the occurrence, a fact-finding meeting will be set up and the date communicated to the employee. Disciplinary action will be taken within sixty (60) calendar days after the investigation is complete and any appropriate documentation is received, however, this time limit may, at Management’s discretion, be extended during the pendency of a felony criminal investigation into an employee’s conduct, which could impact JEA. In such cases, the time limits established by this Section will not begin to run until all investigations, prosecutions and/or appeals involving the employee are concluded. If no action is taken within the referenced timeframe, the incident will not be subject to discipline. 26.2 An employee will be allowed to review their master personnel file within a reasonable length of time upon request to the Director, Employee Services. During the term of this Agreement, if any information, which is considered unfavorable and derogatory to an employee, is entered in his job without loss their personnel file which deals with conditions originating during employment with JEA, the employee will be required to acknowledge receipt in writing of senioritysuch information, and will be furnished a copy in order to have the opportunity to submit a written statement responding to the information (excluding copies of personnel action forms, time reports, and employee evaluation reports). A reinstated The employee’s acknowledgment of receipt in writing merely indicates that the employee has seen and received a copy of such derogatory or unfavorable information. The acknowledgment of receipt does not indicate that the employee agrees with such information, nor does such action indicate that the employee admits guilt for any alleged infractions stipulated. The employee’s responding statement will also be entered in their personnel file. If an employee feels that any such correspondence was unjustified, he/she has the right to resort to the Grievance Procedure. 26.3 JEA will follow the principles of progressive discipline that discipline generally proceeds from a reprimand, to a suspension or reduction in pay, to demotion and/or discharge. JEA will use the company-wide guidelines for disciplinary action as contained in JEA Procedure HUMR 606, however, the parties recognize that the seriousness and circumstances surrounding an offense may warrant more or less severe discipline, depending upon all of the facts. When the situation warrants, JEA will provide counseling before implementing progressive discipline. Should changes or modifications be made to the work rules in JEA’s Procedure HUMR 606, the Union will be given an opportunity to provide input prior to the changes taking place. 26.4 Unless waived by the employee, when an employee is to be paid his wages at his hourly rate for off the time loss limited payroll due to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company JEA will continue to pay the employee full or partial compensation in accordance with his hourly ratelife insurance and medical insurance premiums normally paid by JEA which includes JEA’s portion of the dependent medical insurance premium. It is understood, however, that if an The employee is reinstated, he shall retain his full seniority, unless otherwise directed by responsible for the Arbitrator. (a) i) Only Discipline Letters optional life insurance premium and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions their portion of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinedependent medical insurance premium.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged 9.01 Grievances relating to discharge shall have priority over other grievances. 9.02 A claim by a seniority employee that an employee he or she has been discharged without just cause the shall be treated as a grievance and shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start commence at Step 2 of Article 8.05 provided a written grievance which is signed by the grievance procedure, employee and his or her xxxxxxx is presented to the President within five three (53) working days after the discharge. The representative of the discipline or discharge being affectedUnion will be permitted to attend the meeting held pursuant thereto, with the President. The discharged Employer shall have the right to discharge a probationary employee at its sole and absolute discretion and such discharge shall 9.03 With respect to the discipline of the employee involving a Letter of Reprimand or suspended employee shall be given Suspension, the opportunity Employer agrees to under take a review of seeing the performance of the employee, as follows: (a) At the end of six (6) months for a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).Letter of Reprimand (b) If At the end of twelve (12) months for suspension 9.04 As a result of this review where it is agreed has been established that the employee has taken the necessary measures to improve his or decided at her performance since the incident, the Employer will communicate to the employee in writing with a copy provided for his or her status and pay file. 9.05 All references to any stage disciplinary action shall be removed from the employee's status and pay file two (2) years after that date of the grievance procedureinfraction. 9.06 An employee shall be advised of any expression of dissatisfaction, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee which is to be paid placed in his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per weekor her status and pay file. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he An employee shall have power the right to view his or her status and jurisdiction to: i) uphold the discharge pay file at any time and to respond in writing to any material contained therein and said reply shall become part of his or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorher file. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a1) If it is alleged that an employee has Employees who have been discharged without just cause in the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 service of the grievance procedure, within five Carrier for more than one hundred eighty (5180) working days of the discipline or discharge being affectedshall not be suspended nor dismissed from service without a fair and impartial trial. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that When an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid held out of service pending trial and decision, notice that he has been removed from service will be by letter addressed to him by his wages at his hourly rate for Department Head. Such letter should be hand delivered. In cases where hand delivery cannot be accomplished, then the time loss limited to accepted practice of a maximum of the employee(s) regular number of hours per week. The provision of this Article may registered return receipt letter shall be waived if both parties mutually agree to other methods of resolving the grievancefollowed. (c2) Where an Arbitrator has been selected An employee may be disciplined by reprimand or suspension without a hearing when the involved employee, his or her union representative and the authorized official of the Carrier agree, in writing, to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay responsibility of the employee full or partial compensation and the discipline to be imposed. Discipline imposed in accordance with his hourly rate. It paragraph (2) above is understoodfinal with no right to appeal. B. When a major offense may have been committed, however, that if an employee may be held out of service pending trial and decision. C. An employee who is reinstatedaccused of an offense, and who is directed to report for a trial therefore, shall within fifteen (15) days of date of alleged offense be given notice, in writing, of the exact charge on which he is to be tried, and the time and place of the trial. D. If he desires to be represented at such trial, he shall retain his full seniority, unless otherwise directed may be represented by the Arbitratorduly accredited representatives of the Brotherhood of Maintenance of Way Employes. The accused employee, or his duly accredited representative, shall be permitted to question witnesses whose testimony is presented at the trial insofar as the interests of the accused employee are concerned. Such employee shall make his own arrangements for the presence of said representative, and of any witness appearing on his behalf, and no expense incident thereto will be borne by the Carrier. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as X. Xx employee who is required to make a form statement prior to a trial in connection with any matter which may eventuate in the application of discipline and shall to any employee may, if he desires to be subject to represented, be represented by the provisions of the Grievance procedureduly accredited representative. A copy of each letter his statement, if reduced to writing and signed by him, shall be sent furnished to him by the Carrier upon his request and to the Unionduly accredited representative when requested. F. A true copy of the trial record shall be given to the accused employee and to the duly accredited representative of the Brotherhood of Maintenance of Way Employes, if the employee was represented at the trial by the duly accredited representative. G. If discipline is to be imposed following the trial and decision, the employee to be disciplined shall be given written notice within thirty (30) days of conclusion of such trial. H. If the discipline to be applied is suspension, the time the employee is held out of service prior to the serving of the notice of discipline shall be applied against the period of suspension. I. Any appeal of the discipline shall be in writing to the Designated Officer of the Carrier within thirty (30) days. X. The Designated Officer of the Carrier shall issue a response within thirty (30) days of the imposition appeal. K. When an employee has been held out of such disciplineservice pending trial and decision, and the decision exonerates him, he shall be compensated for the period of time so held out of service in the amount he would have earned had he not been held out of service. L. DISCIPLINE Employees covered by this agreement will be covered by the Genesee & Wyoming Discipline Policy. Copies of the Policy will be available at each on duty reporting location. Employees with more than one hundred eighty (180) days of service will be afforded the due process – hearing procedures set forth in this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an 7.1 An employee who has been completed his probationary period shall not be suspended, disciplined or discharged without except for just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee cause. 7.2 All disciplinary actions shall be given applied in a fair manner and shall be consistent with the opportunity of seeing a Xxxxxxx and/or Union President before he infraction for which disciplinary action is required to leave the premises, providing one is available on sitebeing applied. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if When an employee is reinstatedinefficient, has excessive lost time or excessively poor workmanship, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall may be subject to the provisions appropriate discipline, including suspension without pay or discharge. In addition to any verbal warning, Director of Buildings and Grounds shall give at least one (1) written warning notice of the Grievance procedure. A specific complaint against such employee with a copy of each letter same to the Union. This would not apply in an emergency/crisis situation where immediate removal from campus is warranted. Refer to 7.3. 7.3 While on duty, causes for immediate discharge include proven theft, proven intoxication, being under the influence of illegal drugs, insubordination, incompetency, conviction of a felony, failure to perform assigned duties, failure to observe rules and regulations, and unauthorized absence from duty. For the purpose of this section, insubordination shall mean disobedience to authority. 7.4 All suspensions and discharges must be stated in writing with reason(s); and a copy given to the employee and the Union at the time of suspension or discharge. Notice of appeal from discharge or suspension must be made to the Superintendent in writing within eight (8) days from date of such notice. If the Superintendent and the Union are unable to agree as to a settlement of the case, then it may be appealed to the Grievance and Arbitration Procedures of this Agreement. 7.5 If an employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee. If a written reprimand is given, a copy will be sent to the UnionUnion President. 7.6 Upon discharge, the Board shall pay all money due the employee within thirty twenty– four (3024) days of the imposition hours of such disciplinedischarge. Upon quitting, the Board shall pay all money due the employee on the payday following such quitting. 7.7 The service record of an employee, disciplined under the provisions of this Article, shall be cleared after a period of one (1) year, if disciplined under Section 7.2. 7.8 Just cause, for purposes of this Agreement, shall mean that the evidence supports the action. 7.9 Employees who are determined to have been improperly discharged under this Article 7, shall have their seniority restored.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer must impose a disciplinary action no later than thirty (a30) If it is alleged that an employee has been discharged without just cause days after the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employer knew or reasonably should have known of the grievance proceduremisconduct for which the disciplinary action is being imposed, or within five (5) working 30 days after the completion of the discipline an investigation which shall be conducted in a reasonable period of time. B. Discharge, Reduction in Pay or discharge being affectedPosition, or Suspension for more than Thirty Days. The discharged or suspended employee Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedurenot, except arbitrationwith just cause, that an discharge any employee who has been suspended completed his probationary period nor shall the Employer reduce in pay or discharged position or suspend any such employee without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may employee will be waived if both parties mutually agree to other methods of resolving the grievancepromptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. (c) Where an Arbitrator has been selected to determine 1. In the event of a question respecting an alleged unjust discharge discharge, reduction in pay or suspensionposition, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within suspension for more than thirty (30) days of an employee who has completed his probationary period, the imposition management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representative within five (5) calendar days from the date of the action complained of. 2. In the event an employee, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request a hearing by the Board. The Board shall refer such request to its panel of Hearing Officers. Members of the panel of neutral Hearing Officers shall be mutually selected by the Office of Legal Counsel and by CUB and may be removed from the panel by either party on thirty (30) days advanced written notice. Members of the panel of Hearing Officers shall be selected for hearings on a rotating basis. If the Hearing Officer is unavailable to conduct the hearing, the next available Hearing Officer on the rotation shall be selected. The Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Board shall pay the costs for the Hearing Officer. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations, which shall be forwarded within fifteen (15) days after the hearing to the Board for its determination. The Board shall consider exceptions taken to the Hearing Officer's findings if submitted in a timely fashion by the parties and shall then take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Board's written decision shall be sent to the aggrieved employee, the CUB representative and the CEO. Either party may then file an appeal to the Maryland State Board of Education followed by judicial review in the Circuit Court for Baltimore City. 3. All Board disciplinary proceedings shall be recorded on a tape recorder and/or related machinery to be supplied by the Employer. Following a final disposition by the Board on the Hearing Officer's advisory recommendations, tapes of the Hearing Officer's proceedings in each individual disciplinary matter shall be preserved and inserted in the affected employee's personnel file for further review not to exceed thirty (30) days. C. Any employee scheduled for a disciplinary hearing or meeting must be given prior notice by management that he has a right to representation by his CUB Representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. ‌ 42.1 No Employee shall be disciplined or discharged except for just cause. No- xxxx of discharge shall be consistent with the provisions of Article 42.8.‌ 42.2 Before an Employee is disciplined (averbal warning, written warning or sus- pension only) If it or discharged they shall be advised of the right to have a Union representative present. This shall not preclude the right of the Em- ployer to suspend pending investigation, when a representative is alleged that not available. 42.3 When an employee Employee has been discharged without just cause disciplined or discharged, the grievance Employee shall start at Step 3 and if it is alleged that an employee has been suspended without just cause be notified in writing stating the grievance shall start at Step 2 of the grievance procedure, reasons within five three (53) working days of the discipline or discharge. A copy of the disciplinary action or discharge being affectedwill be forwarded to the designated Union representative. The discharged Employer shall not be bound by the exact language of the statement of reasons at any subsequent arbitration hearings. 42.4 Where an Employee alleges that they have been disciplined or suspended employee dis- charged in violation of Article 42.1, a grievance may be lodged in accord- ance with Article 43 — Grievance Procedure, provided that, in the case of a discharge, a grievance may be lodged at Step Two of the grievance procedure. 42.5 Where it is determined that an Employee has been disciplined or dis- charged without just cause, all records held by Human Resources and the Employee’s department dealing with such discipline or discharge shall be given removed from the opportunity files and destroyed. References, if any, to such disci- xxxxx or discharge on documents required for bona fide administrative purposes shall not be released to unauthorized persons and under no cir- cumstances shall be used to the disadvantage of seeing the Employee con- cerned. a) The record of any Employee shall not be used against such Em- ployee following a Xxxxxxx and/or Union President before he is required disciplinary action if twelve (12) months have elapsed without further similar or related incidents pro- vided such further incident(s) have been brought to leave the premisesEm- ployee’s attention and the Employee has been advised that the initial and subsequent disciplinary action may be relied upon for a further eighteen (18) months. b) The record of any Employee shall not be used against such Em- ployee following a disciplinary action if twelve (12) months have elapsed without written warning or more serious discipli- nary action for any reason, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)42.1 above. If further disciplinary action is taken before twelve (12) months have elapsed, the initial and subsequent disciplinary action may be relied upon for a further eighteen (18) months. c) For discipline relating to serious wilful misconduct, serious dis- obedience, or neglect of duty, the period shall be extended to five (b5) If it years. d) Discipline relating to sexual harassment, assault, including sex- ual assault, or theft is agreed not covered by this article. 42.7 The Employer shall provide liability coverage of Employee’s liability while performing duties or decided at any stage tasks required and authorized by the Employer. Such liability coverage shall be within the terms and conditions of the grievance procedureinsurance policies of the Employer. 42.8 A regular Employee whose employment is terminated by the Employer for reasons other than wilful misconduct, except arbitrationdisobedience or neglect of duty shall be give a minimum of three (3) weeks’ prior written notice of such termination, that an employee or three (3) weeks’ pay in lieu of notice.‌ 42.9 If notice of termination has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation given in accordance with his hourly rate. It this article, the Employer shall pay the Employee all pay to which the Employee is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by enti- tled at the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions expiry of the Grievance procedure. A copy period of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinenotice.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. 13.1 The Employer shall not discipline or discharge an Employee unless there is just cause. 13.2 The Employer accepts and gives effect to the principle of progressive discipline. The steps of progressive discipline shall be (a) If it written reprimand, (b) suspension(s), and lastly, (c) discharge. In the workplace, theft, fraud, criminal conduct, violence, harassment, or misconduct of an equally serious nature may result in immediate suspension or discharge. 13.3 An Employee is alleged entitled, prior to the imposition of discipline or discharge, to be notified at a meeting with the Employer of the reason for considering such an action. Except in emergency circumstances, when the Employer wishes to impose discipline upon an Employee, the Employee and the Union shall be notified in writing a minimum of 24 hours in advance that such a meeting is to take place. The Employee shall be accompanied at the meeting by a Union Representative. 13.4 The Employer shall notify the Employee in writing, with a copy to the Union, of any disciplinary action pertaining to an employee has been Employee’s work performance or misconduct, and shall state the reasons for such discipline and the type of disciplinary penalty to be imposed. The Employee shall be accompanied by a union representative when any such notice is delivered to the Employee. The Union will ensure union representation if given 4 (four) hours notice by the Employer. 13.5 Where an Employee is discharged without just cause or suspended, the Union may commence the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Two of the grievance procedure. 13.6 In the event an Employee is found to have been unjustly suspended or discharged, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee she shall be given the opportunity reinstated in her former position with no loss of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)seniority or wages. (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, 13.7 The Parties agree that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of all meetings under this Article may be waived if both parties mutually agree to other methods of resolving the grievanceheld by teleconference. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold 13.8 Records written reprimand will be expunged from the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator.Employee’s personnel records one (a1) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to year from the provisions date of the Grievance procedure. A copy of each letter shall be sent event that led to the Union, within thirty (30) days of the imposition of such disciplinediscipline if there has been no subsequent related disciplinary action. Except in circumstances referred to in Article 13.2, records of suspension will be expunged from Employee’s personnel records two (2) years from the date of the event that led to the imposition of such discipline if there has been no subsequent related disciplinary action. 13.9 The Employer shall, as soon as possible, inform the President of CAW Local 567 when an investigation of an Employee has commenced relating to matters covered by Article 13.2.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that No Employee who has successfully completed the probationary period pursuant to Article 10.1 and 10.2 shall be disciplined, suspended without pay, or discharged except for just and sufficient cause. (b) When an employee investigation into allegations of sexual harassment, resident abuse, theft, or leaving a resident unattended without authorization requires a meeting between the Employee against whom an allegation has been discharged without just cause made and the grievance Employer, the Employee shall start be entitled to have a Shop Xxxxxxx present if he or she desires. Shop Stewards shall not be compensated by the Employer for time spent at Step 3 and if it any such meetings (a) Where an Employee is alleged that an employee has been suspended without just cause pay or discharged, the grievance shall start at Step 2 of the grievance procedureEmployer shall, within five ten (510) working days of the discipline suspension or discharge being affected. The discharged notify the Employee in writing stating the reason for the suspension or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)discharge. (b) If it Provided the Employer is agreed aware of a suspension or decided discharge prior to the Employee’s shift, the Employer will make every reasonable effort to notify the Employee at any home. (c) The Employer will give notification to the Union at the same time the Employee is suspended without pay or discharged. 11.3 Where an Employee alleges that he has been suspended without pay for more than one shift or discharged contrary to Article 11.1, he shall lodge his grievance at the second stage of the grievance procedure. 11.4 The Employer may, except arbitrationat any time, that an employee has been suspended or discharged without just cause, post rules of work and the Company postings shall reinstate him in his job without loss of seniority. A reinstated employee is be deemed to be paid his wages at his hourly rate notice to all Employees. Breach of such rules may be the basis for discipline up to and including discharge. The Employer agrees that such rules will relate to the time loss limited to a maximum conditions of the employee(s) regular number of hours per week. The provision of this Article may workplace and shall not be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratordiscriminatory. (a) iThe Employer supports a system of progressive discipline except in the case of serious offences including resident abuse or neglect, theft or damage of property, intoxication or being under the influence of drugs while on duty, and conviction for a serious criminal offence. In such cases, suspension or immediate dismissal may result. (b) Only Discipline Letters In cases of substance abuse, the Employer shall recognize the Employee’s addiction and Discharge/Suspensions willingness to seek medical help without fear of reprisal except if the behaviour resulting from the abuse has had serious negative implications for Regional Residential Services Society, its staff or clients. If a second incident occurs, it shall be considered as a form of discipline and shall be subject to the provisions an incident forming part of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineenumerated list in 11.5(a).

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. 8.01 The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause. 8.02 Certain offences are of such gravity and importance that the Employer may impose the specific penalty of discharge. Where the dismissal of an Employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one (1) or more of these serious offences, the Employer shall be required to establish, on a balance of probabilities, that the Employee committed the offence. Where the Employer establishes that the Employee committed the offence, then the Arbitrator shall not inquire into the penalty imposed. The offences which are considered to warrant the treatment set out above are: a) If it is alleged Assaulting or abusing a Client or care giver/family member; b) Theft of property from a Client, care giver/family member or the Employer; c) Conviction of a Criminal Offence which would impact the Client caregiver relationship. Nothing in this clause shall limit the Employer in imposing discipline, up to and including discharge, for any other offence, subject to the other terms of this Collective Agreement. 8.03 Whenever the Employer formally imposes discipline, of at least the written warning level, on an Employee, the Employee shall have the right, upon request, to the presence of a Union Xxxxxxx. Where the Employer decides to hold a meeting with an Employee, to investigate a matter that may result in discipline or imposes discipline on an employee has been discharged without just cause Employee, the grievance Employer shall start at Step 3 and if it is alleged that an employee has been suspended without just cause advise the grievance shall start at Step 2 Employee of the grievance procedurepurpose of the meeting in advance and shall further advise the Employee of her right to request the presence of the Union Xxxxxxx at the meeting. If an Employee is suspended or discharged, the Employer shall notify the Union in writing, with a copy of the discipline letter, within five two (52) working days following the date of suspension or discharge. As stated in the paragraph above, where a Xxxxxxx has been requested to attend an approved meeting by either the Employer or the Employee, the Xxxxxxx shall be provided kilometer compensation for all kilometers traveled to the meeting and shall not suffer any loss of wages, seniority, service or benefits as a result of attending such meeting. The Employer will endeavor to schedule such meetings during the Xxxxxxx'x availability, provided that the Xxxxxxx'x availability shall not interfere with timely disposition of the matter. 8.04 All records of counselling and disciplinary action are to be removed from an Employee’s personnel file eighteen (18) months from the date of discipline provided there has been no further disciplinary action during this eighteen (18) month period. 8.05 Where an Employee fails to report for a scheduled work assignment without notifying the Employer in advance, unless such notice could not reasonably be given (it being understood that forgetting the assignment is not a reasonable excuse for failing to so notify) the Employer may impose the following specific penalties: a) For the first two (2) occurrences, such discipline as may be determined by the Employer, understanding that the extent of such discipline is subject to grievance and arbitration; and b) Discharge from employment on any further occasion that the Employee fails to so report to work. Where a suspension or discharge being affected. The discharged or suspended employee for this offence is made the subject of a grievance which proceeds to arbitration, the Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave establish, on a balance of probabilities, that the premises, providing one is available on site. Time spent will be paid Employee failed to report for a scheduled work assignment and that the Employee did not advise the Employer of their absence in accordance with Article 11.06(e)advance. (b) If it is agreed 8.06 An Employee who follows reasonable policies or decided at procedures, issued by the Employer, and where the Employer investigates and addresses any stage allegation of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causewrongdoing, the Company shall reinstate him in his job without loss of seniority. A reinstated said employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall will not be subject to discipline or reprisal for the provisions reasonable exercise of the Grievance procedure. A copy of each letter shall be sent their professional obligations, including those related to the Union, within thirty (30) days of the imposition of such disciplineclient advocacy.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) 10.01 If it is alleged that an employee Employee has been discharged without just cause terminated, she/he shall have the grievance right immediately after being terminated, to interview an available Shop Xxxxxxx for up to one half (1/2) hour before leaving the premises. 10.02 Discipline and discharge notices issued to Employees shall start at Step 3 set out the reasons for the discipline and if it discharge. The Employee will be asked to sign a copy of a notice to acknowledge receipt, and that acknowledgement is alleged not an admission of guilt. Should the Employee refuse to sign, a witness shall be sufficient acknowledgement that an employee the Employee has received and has been suspended without just cause fully explained the grievance shall start at Step 2 contents of the notice given. Employees shall receive a copy of all discipline and discharge notices. 10.03 A claim by an Employee, that he/she has been unjustly discharged or suspended from his/her employment shall be treated as a grievance procedure, if a written statement of such grievance is lodged with the General Manager or his/her designate within five (5) working days after the Employee ceases to work for the Employer. All preliminary steps of the discipline or discharge being affectedGrievance Procedure prior to the involvement of the General Manager will be omitted in such case. The discharged Employer will notify the Union of any such termination within forty-eight (48) hours of the termination. 10.04 Employee warning notices will be removed from the Employee’s disciplinary record after one (1) year, should the offence not be repeated during this period of time. Suspensions will be removed from the Employee’s disciplinary record after two (2) years, should the offence not be repeated during this period of time. 10.05 Employees will be granted access to their personnel file. Twenty-four (24) hours of advance notice must be given and the Employee must be accompanied by a Shop Xxxxxxx and a member of the Human Resources Department. The meeting will take place during regular business hours of the Human Resources Department. Should the Employee wish to have any contents removed or suspended employee altered from his/her file, the grievance procedure must be invoked. 10.06 In all cases of discipline (including discharge), the Employee shall be given offered the opportunity presence of seeing a Xxxxxxx and/or Union President before he is required to leave Shop Xxxxxxx; if the premisesEmployee declines he/she will sign a waiver of such offer. 10.07 In all cases of discipline, providing one is available on site. Time spent every effort will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is made to be paid his wages at his hourly rate for the time loss limited to find a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodShop Xxxxxxx, however, that if an employee a Shop Xxxxxxx is reinstatednot present, he this shall retain his full senioritynot void the discipline. If no Shop Xxxxxxx is present, unless otherwise directed by then the ArbitratorEmployer will offer the Employee the choice of selecting the presence of another Employee. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is they are required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him the employee in his their job without loss of seniority. A reinstated employee is to be paid his their wages at his their hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he the Arbitrator shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his their hourly rate. It is understood, however, that if an employee is reinstated, he they shall retain his their full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Discharge/ Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure17.1 No employee, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee except as noted below, shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended disciplined or discharged without just cause. 17.2 Unless the employee is a danger to himself/herself or others, prior to the imposition of any disciplinary penalty, the Company employee and/or his/her Society representative shall reinstate him in his job without loss attend an interview. At this interview the employee or Society representative will be provided an opportunity to respond to the alleged infraction(s) or dissatisfaction(s). If the employee and/or the Society representative require an opportunity to review the issues and/or the evidence, the employer shall provide up to two (2) days for them to respond prior to the imposition of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancediscipline. (c) 17.3 Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstatedrequired to participate in an interview in circumstances where discipline is likely to follow for such employee, he the Employer shall retain provide the Society LVP or Unit Director and the employee with a written notices two (2) business days in advance of the interview, indicating: i. his full seniority/her right to be accompanied by a Society representative if he/she chooses; ii. the purpose of the meeting including an outline of the disciplinary issue(s); and, iii. the time and place of the meeting. 17.4 Where management determines that the appropriate disciplinary penalty is suspension without pay, pay shall not be withheld unless the decision to withhold pay has been agreed to by The Society or upheld by an arbitrator at an expedited arbitration. The arbitration shall be held within three (3) weeks of the suspension or as otherwise directed agreed by the Arbitratorparties. Where an arbitrator upholds the employer’s “without pay” decision, the employee shall reimburse the full amount of pay during the suspension period as upheld. (a) i) Only Discipline Letters and Discharge/Suspensions 17.5 A verbal reprimand is considered a disciplinary measure if it is documented in the personal file. In all such cases, the reprimand shall be considered as a form of discipline and shall be subject relayed in writing to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineemployee.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer must impose a disciplinary action not later than thirty (a30) If it is alleged that an employee has been discharged without just cause days after the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employer knew or reasonably should have known of the grievance proceduremisconduct for which the disciplinary action is being imposed, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days after the completion of an investigation which shall be conducted in a reasonable period of time. B. Discharge, Reduction in Pay or Position, or Suspension for more than Thirty Days - The Employer shall not, except with just cause, discharge any employee who has completed his probationary period nor shall the Employer reduce in pay or position or suspend any such employee without just cause. The employee will be promptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. 1. In the event of a discharge, reduction in pay or position, or suspension for more than thirty (30) days of an employee who has completed his probationary period, the management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representatives within five (5) calendar days from the date of the imposition action complained of. 2. In the event an employee, except an employee of the Police Department, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Civil Service Commission or may initiate a grievance pursuant to the provisions of Article 8 at step 3. Upon the employee and/or his CUB representative electing either the Civil Service Hearing of the Grievance Procedure, such election is irrevocable. If a Civil Service hearing is requested by the employee and/or his CUB representative the Civil Service Commission shall, as part of its investigation, refer such request to its Hearing Officer. The Civil Service Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations which shall be forwarded within fifteen (15) days after the hearing to the Civil Service Commission for its determination. The Commission shall take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Commission's written decision shall be sent to the aggrieved employee, the CUB representative and the Department Head. 3. All Civil Service Commission disciplinary proceedings shall be recorded on a tape recorder and/or related machinery to be supplied by the Employer. Following a final disposition by the Civil Service Commission on the Hearing Officer's recommendations, tapes of the Hearing Officer's proceedings in each individual disciplinary matter shall be preserved and inserted in the affected employee's personnel file for further review not to exceed thirty (30) days. 4. Employees whose suspensions or terminations are reduced and/or overturned will be reimbursed within two (2) full pay periods, subject only to those cases which must go through the Board of Estimates, in which case such employee will be reimbursed within two (2) full pay periods following Board approval.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has 20.1 The Company shall have the right to discharge, suspend or otherwise discipline employees for cause. Employees who claim to have been improperly discharged without just cause or suspended, the grievance Union shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, file a Grievance within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust workdays after their discharge or suspension, he notwithstanding the provisions in Article 22 (Grievance), pages 54-56. Employees who fail to inform the Union of their claim to have been improperly discharged shall have power and jurisdiction to: i) uphold no further right or claim. Grievances filed for claims of improper discharge or suspension shall hereafter be handled as other Grievances under Article 22 (Grievance), pages 54-56. It is understood that the Company shall have the right to offer reinstatement to discharged or suspended employees pending the final disposition of the Grievances, without the Company waiving its right to discharge or suspension. 20.2 Should an arbiter award reinstatement and back pay, or ii) vary the penaltyemployees shall be reinstated with their seniority unimpaired, or iii) substitute a different penalty, or iv) direct reinstatementcompensated for all lost wages and benefits, and their personnel service record cleared. 20.3 All employees shall have access to and the right to inspect their personnel record in cases ii)the presence of a Company representative during normal business hours. Employees shall not be entitled to remove or photocopy any portion of their personnel file, iii), except for their own application and iv) résumé. 20.4 The Union shall be notified of all grievance meetings to be held with respect to employees’ discipline and shall have the Arbitrator may right to participate in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rateany such hearing. It is understood, however, understood that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed employees subject to disciplinary action may elect to representation by the Arbitratora designated Union representative. 20.5 Employees subject to lost time discipline (asuspension or termination) i) Only Discipline Letters and Discharge/Suspensions shall be considered as furnished with a form written statement setting forth the conduct or circumstances upon which the Company’s action is based. 20.6 All letters regarding employees discipline (warning or suspension) shall cease to have effect, for progressive disciplinary purposes, after a period of discipline and shall one (1) year from the date of issuance, provided that there has been no related repetition of such conduct or circumstances during the applicable one (1) year period. Employees’ personnel files may be subject to cleared earlier, when in the provisions judgement of the Grievance procedure. A copy of each letter Company, the employees’ past service warrants such action. 20.7 Employees, involved in a no fault accident in which they are not charged with a moving violation while operating a government motor vehicle, shall not be sent to the Union, within thirty (30) days of the imposition of such disciplinedisciplined or reprimanded nor shall there be a written reprimand placed in their personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) ‌ 10.01 If it is alleged that an employee Employee has been discharged without just cause terminated, she/he shall have the grievance right immediately after being terminated, to interview an available Shop Xxxxxxx for up to one half (1/2) hour before leaving the premises. 10.02 Discipline and discharge notices issued to Employees shall start at Step 3 set out the reasons for the discipline and if it discharge. The Employee will be asked to sign a copy of a notice to acknowledge receipt, and that acknowledgement is alleged not an admission of guilt. Should the Employee refuse to sign, a witness shall be sufficient acknowledgement that an employee the Employee has received and has been suspended without just cause fully explained the grievance shall start at Step 2 contents of the notice given. Employees shall receive a copy of all discipline and discharge notices. 10.03 A claim by an Employee, that he/she has been unjustly discharged or suspended from his/her employment shall be treated as a grievance procedure, if a written statement of such grievance is lodged with the CEO or his/her designate within five (5) working days after the Employee ceases to work for the Employer. All preliminary steps of the discipline Grievance Procedure prior to the involvement of the CEO or discharge being affectedhis/her designate will be omitted in such case. The discharged Employer will notify the Union of any such termination within forty-eight (48) hours of the termination. 10.04 Employee warning notices will be removed from the Employee’s disciplinary record after one (1) year, should any related offence not be repeated during this period of time. Suspensions will be removed from the Employee’s disciplinary record after two (2) years, should any related offence not be repeated during this period of time. 10.05 Employees will be granted access to their personnel file. Twenty-four (24) hours of advance notice must be given and the Employee must be accompanied by a Shop Xxxxxxx and a member of the Human Resources Department. The meeting will take place during regular business hours of the Human Resources Department. Should the Employee wish to have any contents removed or suspended employee altered from his/her file, the grievance procedure must be invoked. 10.06 In all cases of discipline (including discharge), the Employee shall be given offered the opportunity presence of seeing a Xxxxxxx and/or Union President before he is required to leave Shop Xxxxxxx; if the premisesEmployee declines he/she will sign a waiver of such offer. 10.07 In all cases of discipline, providing one is available on site. Time spent every effort will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is made to be paid his wages at his hourly rate for the time loss limited to find a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodShop Xxxxxxx, however, that if an employee a Shop Xxxxxxx is reinstatednot present, he this shall retain his full senioritynot void the discipline. If no Shop Xxxxxxx is present, unless otherwise directed by then the ArbitratorEmployer will offer the Employee the choice of selecting the presence of another Employee. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. 25.1 Disciplinary action may be imposed upon an employee only for just cause. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as outlined in Article XXVI. If the appointing authority has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Initial minor infractions, irregularities, or deficiencies shall be privately brought to the attention of the employee. After a period of one (a1) If it year, if the employee has not committed any further infractions of appropriate rules and regulations, written reprimands, and written notations of oral reprimands shall be expunged from the employee's personnel records. Each employee shall be furnished with a copy of all performance evaluations or disciplinary entry in his personnel record and shall be permitted to respond thereto. The contents of an employee's personnel record shall be disclosed to the employee's union representative only with the written consent of the employee. Where appropriate, disciplinary 1. Oral Reprimand 2. Written Reprimand 3. Suspension 4. Discharge 5. Demotion where appropriate When any disciplinary action is alleged to be implemented, the Appointing Authority shall before or at the time such action is taken, notify the employee and the Union in writing of the specific reasons for such action. 25.2 The Appointing Authority shall not discipline an employee without just cause. Within two (2) weeks of a suspension or discharge, the Union may file a grievance with the State Labor Relations Administrator as set forth in Article XXVI and such hearing shall be held no later than three (3) days after the Union's request. 25.3 In the event that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance proceduredismissed, within five (5) working days of the discipline or discharge being affected. The discharged demoted or suspended under this section, and such employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he appeals such action and his appeal is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspensionsustained, he shall have power be restored to his former position and jurisdiction to: i) uphold compensated at his regular rate for any time lost during the discharge period of such dismissal, demotion or suspension. 25.4 An employee may be granted a demotion upon request, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed when recommended by the Arbitrator. (a) i) Only Discipline Letters appointing authority and Discharge/Suspensions approved by the Personnel Administrator. In this instance his current status shall be considered as a form of discipline and shall be subject transferred to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinelower class.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. A. Any employee who is discharged, reduced in pay or position, or suspended for more than thirty (a30) days may contest the action either (i) by lodging an appeal with the Civil Service Commission under the official rules of the Commission; or (ii) by filing a grievance on the form that is referred to in Article 6, Paragraph H. of this Agreement. The employee’s choice of which procedure to use to contest the action shall be binding, and the employee may not subsequently choose to follow a different procedure. If the employee elects to file a grievance, it is alleged that an employee has been discharged without just cause the grievance shall start be initially at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 4 of the Grievance Procedure in Article 6, Paragraph A of this Agreement, and it shall subsequently be processed by the Union through that grievance and arbitration procedure. The Union may advance the employee’s grievance to arbitration if in its discretion the Union finds arbitration to be appropriate, within and the employee shall be bound by the Union’s decision whether or not to arbitrate. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with the provisions of the MERO, Section 3-2(3)(i), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy. The Arbitrator’s decision shall be final and binding on the City, the Union and on the employee(s) affected. B. Any employee who, as discipline, is suspended for five (5) working or more days, but less than thirty-one (31) days shall be permitted to grieve such discipline by filing a grievance on the form that is referred to in Article 6, Paragraph H. of this Agreement. If the employee elects to file a grievance, it shall be filed initially at Step 3 of the Grievance Procedure in Article 6, Paragraph A. of this Agreement, and it shall subsequently be processed by the Union through that grievance and arbitration procedure. The Union may advance the employee’s grievance to arbitration if in its discretion the Union finds arbitration to be appropriate. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with MERO, Section 3- 2(3)(i), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy. C. An employee who is charged with a disciplinary infraction shall be entitled to a due process hearing before the appropriate level Referral Officer before such Officer shall recommend any disciplinary adjudication of the charge. The Referral Officer’s recommended adjudication of a charge shall not be altered or modified to result in an increased penalty before the final adjudication without a rehearing of the charge at the Review Officer or Administrative Hearing Officer level. When an employee is to appear before the Administrative Hearing Officer for a suspension, the hearing is to be conducted within twenty-nine (29) calendar days of the discipline or discharge being affectedreferral except when the employee is unavailable. The discharged Employer shall not drop or suspend health insurance and pension coverage, or its contribution to the cost of such coverage, for any employee who is suspended without pay for thirty (30) days or less. The Employer shall permit an employee who is suspended without pay for thirty (30) days or less to use accrued leave days, to the extent necessary, to maintain and pay the employee’s cost of health insurance premium and pension coverage during the period of the employee’s suspension. Final adjudication of the charges shall be as prescribed and approved by the Chief of Fire Department. The employee shall be given have the opportunity right to grieve or to challenge discipline, but the filing of seeing a Xxxxxxx and/or Union President before he is required to leave grievance shall not relieve the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)penalty prescribed. (b) If it is agreed D. All other penalties and punishments, including suspension for 30 days or decided at any stage less, shall be as prescribed by the Trial Board and approved by the Chief of Fire Department, subject to the right of the grievance procedureemployee to grieve that action as set forth in Article 12, except arbitrationParagraph B, that an employee has been above. Persons suspended or discharged without just cause, under this section who are later cleared of all charges by the Company Board shall reinstate him in his job without loss of seniority. A be reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancewith full back pay. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he E. Continuous duty shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall not be considered used as a form of discipline and or punishment. F. The Employer shall take into account prior cases with similar circumstances before administering punishment. The Employer shall begin all disciplinary investigations, when it deems such investigations necessary, no later than fifteen (15) days after it acquires knowledge of the misconduct or event for which disciplinary action is proposed. For purposes of this Article, the fifteen (15) day period shall start when a Shift Commander acquires knowledge of the misconduct or event for which disciplinary action is proposed. The employee shall be subject notified when an investigation is begun. The employee shall be notified when disciplinary action (charges) are to be undertaken, so said employee may obtain, consult and have present, proper Union representation during discharge of discipline. 1. An employee shall be given ample time and opportunity to request and contact an appropriate Union representative to attend an investigatory interview. 2. Before an administrative hearing, trial board, or grievance hearing is convened, employees placed on charges after the provisions completion of an investigation shall be entitled to copies of the Grievance procedure. A copy charges, any special reports and all other relevant documents not privileged (as attorney-client communications, attorney work product or deliberative work product) collected or created by the Department during the investigations. X. During the pendency of each letter a charge against an employee, any additional charge shall be sent to the Union, within thirty (30) days require an additional hearing. X. Any employee of the imposition Fire Department who is subjected to a suspension of such discipline.thirty

Appears in 1 contract

Samples: Memorandum of Understanding

DISCIPLINE AND DISCHARGE. (a) If it A. Any employee who is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance proceduredischarged, within five (5) working days of the discipline reduced in pay or discharge being affected. The discharged position, or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within more than thirty (30) days may contest the action either (i) by lodging an appeal with the Civil Service Commission under the official rules of the imposition Commission; or (ii) by filing a grievance on the form that is referred to in Article 6, Paragraph H. of this Agreement. The employee's choice of which procedure to use to contest the action shall be binding, and the employee may not subsequently choose to follow a different procedure. If the employee elects to file a grievance, it shall be filed initially at Step 4 of the Grievance Procedure in Article 6, Paragraph A of this Agreement, and it shall subsequently be processed by the Union through that grievance and arbitration procedure. The union may advance the employee's grievance to arbitration if, in its discretion, the Union finds arbitration to be appropriate and the employee shall be bound by the Union's decision whether or not to arbitrate. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with provisions of the MERO Section 3-2(3)(i), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy. The Arbitrator's decision shall be final and binding on the City, the Union and on the employee(s) affected. B. Any employee who, as discipline, is suspended for five (5) or more days, but less than thirty-one (31) days, shall be permitted to grieve such discipline by filing a grievance on the form that is referred to in Article 6, Paragraph H, of this Agreement. If the employee elects to file a grievance, it shall be filed initially at Step 3 of the Grievance Procedure in Article 6, Paragraph A of this Agreement, and it shall subsequently be processed by the Union through that grievance and arbitration procedure. The Union may advance the employee's grievance to arbitration if, in its discretion, the Union finds arbitration to be appropriate. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with MERO, Section 32(3)(i), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy. C. All other penalties and punishments, including suspension for 30 days or less, shall be as prescribed by the Chief of Fire Department subject to the right of the employee to grieve that action, as set forth in Article 12, Paragraph B, above. Persons suspended under this section who are later cleared of all charges by the Chief of Fire Department shall be reinstated with full back pay. D. The Employer shall begin all disciplinary investigations, when it deems such investigations are necessary, no later than fifteen (15) days after the Employer acquires knowledge of the misconduct or event for which disciplinary action is proposed. For the purposes of this Article, the fifteen (15) day period shall start when the Shift Commander acquires knowledge of the misconduct or event for which disciplinary action is proposed. E. When an investigation is begun the Employer shall serve a Notification of Investigation (a “NOI”) on the employee and the Union. The employee also shall be notified when disciplinary action (charges) are undertaken, so said employee may obtain, consult and have present, proper Union representation during discharge of discipline, except when being charged under MOP 336 Drug and Alcohol Policy. F. Employees of the Department shall be entitled to Union Representation at any disciplinary proceeding, or investigation. An employee shall be given ample time and opportunity to request and contact an appropriate union representative to attend an investigatory interview. G. Before an administrative hearing, trial board, or grievance hearing is convened, employees placed on charges after the completion of an investigation shall be entitled to copies of the charges, any special reports and all other relevant documents not privileged (as attorney-client communications, attorney work product or deliberative work product) collected or created by the Department during the investigation. H. An employee who is charged with a disciplinary infraction shall be entitled to a due process hearing before the appropriate level Referral Officer before such Officer shall recommend any disciplinary adjudication of the charge. The Referral Officer's recommended adjudication of a charge shall not be altered or modified to result in an increased penalty before the final adjudication without a rehearing of the charge at the Review Officer level. When an employee is to appear for a rehearing before the Review Hearing Officer for a suspension, the hearing is to be conducted within twenty-nine (29) calendar days of the referral except when the employee is unavailable. Final adjudication of the charges shall be as prescribed and approved by the Chief of the Fire Department. The employee shall have the right to grieve to challenge discipline, but the filing of a grievance shall not relieve the penalty prescribed. I. The Employer shall not drop or suspend health insurance and pension coverage, or its contribution to the cost of such disciplinecoverage, for any employee who is suspended without pay for thirty (30) days or less. The Employer shall permit an employee who is suspended without pay for thirty (30) days or less to use accrued leave days to the extent necessary to maintain and pay the employee cost of health insurance premium and pension coverage during the period of the employee suspension. J. If the Department has reason to reprimand an employee, it shall be done in a place and manner that is appropriate to the circumstance and not abusive. 1. Occurrences that are charged based on a DriveCam report shall have a Period of Reckoning of twenty-four (24) months from the date of the incident reported, at which time the report and consequent discipline shall be expunged from the employee’s record. 2. Upon the effective date of this Agreement, all prior DriveCam reports and discipline shall be expunged and restarted, except the DriveCam reports and discipline for employees with five (5) occurrences shall be expunged and restarted and the next offense for such employees shall be a Penalty of $100.00. For a two (2) year trial period commencing upon the effective date of this Agreement, the progressive discipline sequence for occurrences based upon DriveCam reports shall be as follows: • Verbal Counseling (documented); • Written Reprimand; • Penalty of $100.00; • Penalty of $200.00; • Five-Day Suspension without Pay; • 10-Day Suspension without Pay;

Appears in 1 contract

Samples: Memorandum of Understanding

DISCIPLINE AND DISCHARGE. A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer must impose a disciplinary action not later than thirty (a30) If it is alleged that an employee has been discharged without just cause days after the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employer knew or reasonably should have known of the grievance proceduremisconduct for which the disciplinary action is being imposed, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days after the completion of an investigation which shall be conducted in a reasonable period of time. B. Discharge, Reduction in Pay or Position, or Suspension for more than Thirty (30) Days - The Employer shall not, except with just cause, discharge any employee who has completed his probationary period nor shall the Employer reduce in pay or position or suspend any such employee without just cause. The employee will be promptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. 1. In the event of a discharge, reduction in pay or position, or suspension for more than thirty (30) days of an employee who has completed his probationary period, the management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representatives within five (5) calendar days from the date of the imposition action complained of. 2. In the event an employee, except an employee of the Police Department, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Civil Service Commission or may initiate a grievance pursuant to the provisions of Article 8 at step 3. Upon the employee and/or his CUB representative electing either the Civil Service Hearing of the Grievance Procedure, such election is irrevocable. If a Civil Service hearing is requested by the employee and/or his CUB representative the Civil Service Commission shall, as part of its investigation, refer such request to its Hearing Officer. The Civil Service Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations which shall be forwarded within fifteen (15) days after the hearing to the Civil Service Commission for its determination. The Commission shall take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Commission's written decision shall be sent to the aggrieved employee, the CUB representative and the Department Head.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an 7.1 An employee who has been completed his probationary period shall not be suspended, disciplined or discharged without except for just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee cause. 7.2 All disciplinary actions shall be given applied in a fair manner and shall be consistent with the opportunity of seeing a Xxxxxxx and/or Union President before he infraction for which disciplinary action is required to leave the premises, providing one is available on sitebeing applied. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if When an employee is reinstatedinefficient, has excessive lost time or excessively poor workmanship, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall may be subject to the provisions appropriate discipline, including suspension without pay or discharge. In addition to any verbal warning, Director of Buildings and Grounds shall give at least one (1) written warning notice of the Grievance procedure. A specific complaint against such employee with a copy of each letter same to the Union. This would not apply in an emergency/crisis situation where immediate removal from campus is warranted. Refer to 7.3. 7.3 While on duty, causes for immediate discharge include proven theft, proven intoxication, being under the influence of illegal drugs, insubordination, incompetency, conviction of a felony, failure to perform assigned duties, failure to observe rules and regulations, and unauthorized absence from duty. For the purpose of this section, insubordination shall mean disobedience to authority. 7.4 All suspensions and discharges must be stated in writing with reason(s); and a copy given to the employee and the Union at the time of suspension or discharge. Notice of appeal from discharge or suspension must be made to the Superintendent in writing within eight (8) days from date of such notice. If the Superintendent and the Union are unable to agree as to a settlement of the case, then it may be appealed to the Grievance and Arbitration Procedures of this Agreement. 7.5 If an employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee. If a written reprimand is given, a copy will be sent to the UnionUnion President. 7.6 Upon discharge, the District shall pay all money due the employee within thirty twenty– four (3024) days of the imposition hours of such disciplinedischarge. Upon quitting, the Board shall pay all money due the employee on the payday following such quitting. 7.7 The service record of an employee, disciplined under the provisions of this Article, shall be cleared after a period of one (1) year, if disciplined under Section 7.2. 7.8 Just cause, for purposes of this Agreement, shall mean that the evidence supports the action. 7.9 Employees who are determined to have been improperly discharged under this Article 7, shall have their seniority restored.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that Dismissal, suspension, and/or other disciplinary action shall be only for just and stated causes with the employee having the right to defend themselves against any and all charges. Written notification of dismissal, suspension, and other disciplinary action shall be sent to the employee and the Union. Causes deemed sufficient for dismissal, suspension and/or other disciplinary action shall include, but are not limited to, the following: being in possession of alcoholic beverages or controlled substances on school property, drunkenness, use of controlled substances, dishonesty, insubordination, taking an unauthorized leave of absence, absence from work without notifying the Board, willful violation of adopted Board's rules, or conduct unbecoming an employee has been discharged in the public service. With regards to the implementation of the Omnibus Transportation Employee Testing Act, any bus driver who refuses to submit to testing (including a failure to report for testing) or who tests positive for drugs or alcohol, will be terminated without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of recourse to the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent Testing time will be paid in accordance with Article 11.06(e)at the rate of $5.00 per test. (b) An employee may be dismissed, suspended, or disciplined pending investigation, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, full seniority rights and all fringe benefits that the employee would have earned during the dismissal or suspension period. If it the dismissal is agreed sustained or decided at any stage of the suspended employee is not reinstated through the grievance procedure, except arbitration, that an the employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum deemed dismissed as of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancedate such action was taken. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspensionThe Union, he with specific written consent of the employee, shall have power and jurisdiction to: i) uphold the discharge or suspensionright to review the contents of the personnel file of any employee within the bargaining unit, or ii) vary upon making the penaltyrequest to the administration of the school district. An employee, or iii) substitute a different penaltyupon making request, or iv) direct reinstatement, and in cases ii), iii), and iv) shall have the Arbitrator may in addition order right to review the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed contents of their own personnel files maintained by the ArbitratorBoard. Such review of personnel files must be done in the Board of Education Offices under the supervision of a designated school employee. (ad) i) Only Discipline Letters and DischargeIn the event a driver loses his/Suspensions her license to drive a school bus or the insurance company refuses to insure the driver, the driver shall be considered as a form of discipline and shall be subject terminated without recourse to the provisions of the Grievance grievance procedure. A copy of each letter . (e) This Article shall be sent not apply to the Union, within thirty (30) days of the imposition of such disciplineprobationary employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 11.01 An Employee shall be accompanied by a Union representative on the occasion of a meeting with no more than two representatives of management, unless otherwise agreed to by the parties, where disciplinary action is to be discussed or where a probationary Employee is to be terminated. (a) If it is alleged that an employee has been discharged without just cause the grievance A member shall start at Step 3 and if it is alleged that an employee has been not be discharged, demoted, disciplined or suspended without just cause. (b) It is recognized that a lesser standard of just cause (Basic procedural fairness) applies to the discharge of a probationary Employee. (a) The Employer shall send a letter confirming any action arising from the meeting no later than ten (10) working days following the meeting. This letter shall clearly outline the reasons for action taken and shall form the basis for the Employer’s case in the event of a grievance or arbitration. Copies of this letter shall start at Step 2 be concurrently sent to the Union office and placed in the Employee File. (b) Discipline will be progressive and shall include a verbal warning, written warning, suspension or dismissal, depending on the nature of the grievance procedureaction or actions for which discipline is being imposed. (c) Except in cases of gross misconduct, no discipline shall be imposed without first holding a meeting, within five (5) working days of the action requiring discipline, to inform the Employee that discipline or discharge being affectedwill be imposed unless the actions are corrected within a set timeframe. The discharged or suspended employee shall At such a meeting the following will be given discussed: (i) what the opportunity Employee has allegedly done such that the discipline may be considered; and (ii) what is expected of seeing a Xxxxxxx and/or Union President before he is the Employee to correct the alleged problem; and the timeframe and actions required to leave correct the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)actions requiring discipline. (biii) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, timeframe and actions required to correct the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceactions requiring discipline. (cd) Where an Arbitrator If, after the timeframe laid out above, the action has not been selected corrected, the Employer may advance discipline to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratornext stage. (ae) iThe Employer may send an Employee home with pay at any time in the process while investigating the alleged matter resulting in potential discipline. 11.03 If twelve (12) Only Discipline Letters months elapse without further similar or related incidents, this letter and Discharge/Suspensions all reference pertaining thereto shall be considered as removed from the Employee File. 11.04 A grievance concerning a form of discipline and shall discharge or suspension without pay may be subject to the provisions submitted directly at STEP 1 no later than five (5) working days following receipt of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.provided for under Article 11.02 above

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it 25.01 Any employee covered under this collective agreement shall be advised that they have the right to Union representation when any formal disciplinary warning is alleged to be added to the employee's file and when, discharge, suspension, or demotion is imposed on that employee. 25.02 Any employee covered by this collective agreement shall be advised that they have the right to Union representation when suspension or discharge is to be imposed on the employee. A member of the union executive shall be given the opportunity to attend any meeting where an employee covered under this collective agreement is being suspended or discharged. Where an employee is being suspended or discharged the operating department shall inform the Human Resources Division. 25.03 Reprimands (verbal and/or written warnings) placed on an employee's record and will be removed within one (1) year of the date of occurrence. Disciplinary action resulting in suspension placed on an employee's record is to be removed in two (2) years if not repeated. 25.04 Notice of discharge shall be hand delivered, or forwarded to the employee by registered mail, or courier to the last known address on file with the employer, with a copy to the Recording Secretary of the Union, and to the representative of the Canadian Union of Public Employees. In cases where an employee is discharged verbally, the above notification will still be sent to the employee and those listed above for verification purposes. 25.05 A claim by an employee with seniority that he/she has been unjustly discharged without just cause the shall be treated as a grievance shall start at Step 3 and if it a written statement of such grievance is alleged that an employee has been suspended without just cause the grievance shall start lodged at Step 2 of the grievance procedure, procedure within five (5) working days of after the discipline or discharge being affected. The discharged or suspended employee shall be given ceases to work for the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave employer, and the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage first step of the grievance procedure will be omitted in such case. Such special grievance may be settled under the grievance and arbitration procedure. 25.06 No disciplinary document shall be placed on the employee's file which has not been first shown, except arbitrationand a copy given to the employee. An employee, that an employee has been suspended or discharged without just causethe employee's representative, shall, with the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum authorization of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree employee, have the right to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspensionhave access to, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatementmake copies, and in cases ii)review his/her personnel file, iii)within three (3) working days of making such request to the Human Resources Services Division, and iv) on the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratoremployee's own time. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Labour Agreement

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DISCIPLINE AND DISCHARGE. (a) If it is alleged that an A. Except for lay-offs, no employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been may be dismissed or suspended without just cause cause. Further, except as otherwise provided below, no employee shall be dismissed for a first offense, but shall have received the grievance following: First offense - oral warning, which shall start at Step 2 of be given to the grievance procedure, employee within five (5) working days of discovery of the discipline offense by the EMUA, provided the employee is available. Second offense - written warning Third offense - one to five day suspension Fourth offense - subject to dismissal Multiple offenses arising out of the same occurrence shall be deemed to be only one offense. Nothing in this paragraph shall preclude the EMUA from issuing a written warning or discharge being affectedsuspending an employee for a first or second offense, if, in the discretion of the EMUA, the offense is sufficiently severe enough to warrant such action. B. A disciplinary offense shall be removed from the employee's record after two (2) years of the date of the offense, and may be used for no purpose other than for purposes of termination. The discharged A copy of any written warning, suspension notice or dismissal notice shall be sent to the Union Business Agent, but the action taken in such notice shall not be stayed or suspended employee shall be given pending receipt of such notice by the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)Business Agent. (b) If C. Nothing in this agreement shall prohibit the Union from investigating any dismissal or suspension and contesting same by compliance with the grievance procedure contained in this agreement. In the event that it is agreed or decided at any stage of decided, pursuant to the grievance procedureprocedure of this agreement, except arbitration, that an employee has been suspended the dismissal or discharged suspension was without just cause, the Company decision shall reinstate him in his job provide for reinstatement which may be with or without loss backpay. If the decision directs reinstatement with backpay, the EMUA shall not receive any credits for wages or compensation earned by the employee during the period of senioritydismissal or suspension. A reinstated employee is to Except if prevented by emergency, grievances concerning dismissal or suspension shall be paid his wages at his hourly rate advanced over all other matters pending for the time loss limited to a maximum of the employee(s) regular number of hours per week. The grievance hearings and shall be promptly heard. D. Notwithstanding any other provision of this Article agreement, an employee may be waived if both parties mutually agree suspended or dismissed without having received a prior written warning or without having notification given to other methods the Union business agent for any of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction tofollowing reasons: i) uphold the discharge 1. calling or suspensionparticipating in any strike, or ii) vary the penaltywork stoppage, or iii) substitute a different penalty, or iv) direct reinstatement, and walk out or any job action as defined in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.this agreement;

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 - The Town shall have the right to discipline or discharge employees for just cause. Section 2 - The Union shall receive a copy of any disciplinary action within twenty four (a24) If it is alleged that hours after such action has been taken. Section 3 - The Chief of Police or his/her designee shall have the authority to discipline an employee has been discharged or take other appropriate action for that employee's acts or omissions in accordance with this Article provided that no employee shall be suspended, demoted or removed without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, a hearing within five (5) working days unless such employee waives the right to a hearing in writing. Nothing herein contained shall deprive the Town of the discipline or discharge being affected. The discharged or suspended power to suspend a Police Officer from duty immediately without a hearing who has been charged with misconduct which would affect his/her ability to perform his/her duties without prejudice to the rights of the officer. Section 4 - Any employee against whom it is decided disciplinary action may be instituted shall be confronted with the charges against him/her in writing and shall be given an opportunity to respond to those charges along with the opportunity right to examine copies of seeing a Xxxxxxx and/or all documentary evidence used against him/her at any Town hearing. Section 5 - Any hearing held pursuant to this Article shall be informal and closed to the public provided that witnesses shall be sworn and subject to cross- examination and any party to the hearing shall have the right and choice of representation, the right to reasonable notice of the time and place of the hearing and the right to present evidence at the hearing. The disciplinary procedures of Section 6 - Any disciplinary action or discharge may be grieved. Section 7 - Any employee who has been disciplined or discharged and who is completely exonerated shall be reinstated without prejudice or loss of seniority and compensated for loss in regular wages. No record of such disciplinary action shall be retained in the employee's personnel file. Section 8 - The Union President before he is required to leave recognized that the premises, providing one is available on site. Time spent will be paid members of said Union are governed by Police Department Rules and Regulations in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedureChapter XI, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. Section (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days Charter of the imposition Town of such disciplineXxxxxx presently in effect in the Xxxxxx Police Department and agrees to be governed by said Rules as amended from time to time in the future.

Appears in 1 contract

Samples: Police Union Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used. An employee may only be given a formal written reprimand, suspended, reduced in pay, demoted or discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services Labor Relations Unit within ten (a10) If it is alleged that an calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. A formal written reprimand, reduction, demotion or suspension of a regular status employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at may be appealed to Step 2 of the grievance procedureprocedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 3. A written notice shall be given to a regular status employee against whom a charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work as specified within the predismissal notice. Section 4. It is the intent of the Agency that discipline not be administered in the presence of other employees or the public, whenever possible. a. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action by the Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. b. Any employee who is absent for five (5) working consecutive work days of the discipline or discharge being affectedwithout authorized leave shall be deemed to have resigned. Section 6. The discharged or suspended Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 7. Upon request, an employee shall be given have the opportunity of seeing a Xxxxxxx and/or right to Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, representation during an investigatory interview that an employee has been suspended or discharged without just cause, the Company shall reinstate him reasonably believes will result in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per weekdisciplinary action. The provision of this Article may be waived if both parties mutually agree employee will have the opportunity to other methods of resolving consult with a local union xxxxxxx or an AFSCME Council Representative before the grievanceinterview, but such consultation shall not cause an undue delay. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an No employee has been discharged shall be disciplined, suspended or terminated without just cause proper cause. Furthermore, any reprimands or disciplinary warning shall be given to the grievance employee in writing and such employee shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 retain a copy of same. Employees will be informed of the grievance procedurereason for their reprimand, within five (5) working days suspension or termination and the Union will be notified in writing of the same. When an employee’s work performance is such that it may lead to discipline or discharge being affected. The discharged or suspended and is the subject of discussion between the employee and the Employer, the Union Xxxxxxx shall be given present. In the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage absence of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causeUnion Xxxxxxx, the Company shall reinstate him employee may choose another member of the Bargaining Unit who is at work at that time to attend in his job without loss place of senioritythe Union Xxxxxxx. A reinstated employee is Reprimands after twenty-four (24) months, are not to be paid his wages at his hourly rate for used in disciplinary proceedings. In the time loss limited to a maximum of event the employee(s) regular number of hours per week. The provision of this Article employee or the Union feels that the suspension, reprimand or termination is not proper, the matter may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered presented as a form of discipline and shall be subject grievance pursuant to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, Article Any grievance which is not presented within thirty (30) days after the occurrence of the imposition event which gave rise to the grievance, or within fourteen (14) days of the last day worked in the case of dismissal shall be forfeited and waived by the aggrieved party. In the event that an employee has been terminated without proper cause, they shall be reinstated and shall receive pay for time lost following termination and prior to reinstatement, in an amount sufficient to make up the difference between any moneys received by that employee for other employment, and their full pay. In the case of a Head Meat Cutter, may be reinstated as a Journeyman if mutually agreed to by the Employer and the Union or by the decision of a Board of Arbitration. Each new employee will have a probationary period of one hundred and sixty (160) hours worked. Termination of any employee during the probationary period described above or any extended period mutually agreed upon under Article shall not be subject to challenge by the Union or the employee under the terms of this Collective Agreement. The grievance procedure will not be applicable in such disciplineterminations. Incidents that produce a negative Shopper Report shall not be used as the basis for disciplining an employee. Further, the name of an employee whose work performance or conduct provided the basis for a negative Shopper Report will not be shown on any posted document. The discussion of a negative Shopper Report will be handled in a confidential manner.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) 10.01 If it is alleged that an employee Employee has been discharged without just cause terminated, she/he shall have the grievance right immediately after being terminated, to interview an available Shop Xxxxxxx for up to one half (1/2) hour before leaving the premises. 10.02 Discipline and discharge notices issued to Employees shall start at Step 3 set out the reasons for the discipline and if it discharge. The Employee will be asked to sign a copy of a notice to acknowledge receipt, and that acknowledgement is alleged not an admission of guilt. Should the Employee refuse to sign, a witness shall be sufficient acknowledgement that an employee the Employee has received and has been suspended without just cause fully explained the grievance shall start at Step 2 contents of the notice given. Employees shall receive a copy of all discipline and discharge notices. 10.03 A claim by an Employee, that he/she has been unjustly discharged or suspended from his/her employment shall be treated as a grievance procedure, if a written statement of such grievance is lodged with the General Manager or his/her designate within five (5) working 5)working days after the Employee ceases to work for the Employer. All preliminary steps of the discipline or discharge being affectedGrievance Procedure prior to the involvement of the General Manager will be omitted in such case. The discharged Employer will notify the Union of any such termination within forty-eight (48) hours of the termination. 10.04 Employee warning notices will be removed from the Employee’s disciplinary record after one (1) year, should the offence not be repeated during this period of time. Suspensions will be removed from the Employee’s disciplinary record after two (2) years, should the offence not be repeated during this period of time. 10.05 Employees will be granted access to their personnel file. Twenty-four (24) hours of advance notice must be given and the Employee must be accompanied by a Shop Xxxxxxx and a member of the Human Resources Department. The meeting will take place during regular business hours of the Human Resources Department. Should the Employee wish to have any contents removed or suspended employee altered from his/her file, the grievance procedure must be invoked. 10.06 In all cases of discipline (including discharge), the Employee shall be given offered the opportunity presence of seeing a Xxxxxxx and/or Union President before he is required to leave Shop Xxxxxxx; if the premisesEmployee declines he/she will sign a waiver of such offer. 10.07 In all cases of discipline, providing one is available on site. Time spent every effort will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is made to be paid his wages at his hourly rate for the time loss limited to find a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodShop Xxxxxxx, however, that if an employee a Shop Xxxxxxx is reinstatednot present, he this shall retain his full senioritynot void the discipline. If no Shop Xxxxxxx is present, unless otherwise directed by then the ArbitratorEmployer will offer the Employee the choice of selecting the presence of another Employee. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an 27 The University retains the right to: uniformly establish, maintain and 28 amend work rules and rules governing the on-the-job conduct of its 29 employees, enforce such rules and/or discharge employees for just 30 cause. 32 Any employee has been discharged without just cause aggrieved when the University exercises its rights 33 outlined above, shall comply with such rule, order and/or discipline and 34 shall, thereafter, pursue a grievance through the grievance procedure 35 set forth in this Agreement. 36 37 In the event that the University determines that the appropriate 38 discipline in a particular case is suspension without pay and/or 39 discharge of an employee, then the University will provide written 40 notice of such decision to the employee and Union Representative. 41 Such notice shall start be mailed to the union representative within forty- 1 eight (48) hours of the notice to the employee and shall outline the 2 reasons for the disciplinary action. Discharge and suspension without 3 pay decisions may be filed directly at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 II of the grievance procedure, procedure 4 within five (5) working days of from the discipline or discharge being affecteddate the employee received such 5 written notification. The discharged or suspended parties may mutually agree to waive the Step 6 II proceeding and move the grievance immediately to Step III within 7 the time limits specified in Step II. 8 9 Any written warning that is given to an employee shall be given signed by the opportunity of seeing 10 employee to acknowledge receipt. If the employee is unable to sign the 11 statement, a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available Representative shall sign on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage behalf of the employee. 12 13 Upon settlement of any grievance procedurewhich may provide for back- 14 pay adjustment, except whether settled by or before arbitration, that an employee has been suspended or discharged without just cause, such pay 15 adjustment shall be retroactive to no earlier than the Company shall reinstate him in his job without loss effective date 16 of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to suspension without pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to reduced by 17 any and all remuneration and/or unemployment insurance received 18 elsewhere by the provisions of the Grievance procedureemployee during such time. A copy of each letter 19 20 Disciplinary warning letters shall be sent removed from an employee file if 21 no similar infractions occur in the 18 months following the warning. 22 23 The University shall have the discretion to immediately discharge 24 employees who commit serious offenses, without limiting the Union, within thirty (30) days 25 University’s right to determine other circumstances and/or offenses 26 which would constitute just cause for immediate discharge. The 27 following are listed by way of illustration and not limitation as offenses 28 which would warrant immediate discharge: 30 a. Sleeping on duty. 31 b. Drinking alcoholic beverages and/or taking non-prescribed 32 controlled substances during working hours. 33 c. Reporting to work under the imposition influence of such disciplinealcohol or non-prescribed 34 controlled substances. 35 d. Engaging in or threatening physical violence to a supervisor or 36 fellow employee. 37 e. Theft. 38 f. Insubordination.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 8.01 The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause. 8.02 Certain offences are of such gravity and importance that the Employer may impose the specific penalty of discharge. Where the dismissal of an Employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one (1) or more of these serious offences, the Employer shall be required to establish, on a balance of probabilities, that the Employee committed the offence. Where the Employer establishes that the Employee committed the offence, then the Arbitrator shall not inquire into the penalty imposed. The offences which are considered to warrant the treatment set out above are: a) If it is alleged Assaulting or abusing a Client or care giver/family member; b) Theft of property from a Client, care giver/family member or the Employer; c) Conviction of a Criminal Offence which would impact the Client caregiver relationship. Nothing in this clause shall limit the Employer in imposing discipline, up to and including discharge, for any other offence, subject to the other terms of this Collective Agreement. 8.03 Whenever the Employer formally imposes discipline, of at least the written warning level, on an Employee, the Employee shall have the right, upon request, to the presence of a Union Xxxxxxx. Where the Employer decides to hold a meeting with an Employee, to investigate a matter that may result in discipline or imposes discipline on an employee has been discharged without just cause Employee, the grievance Employer shall start at Step 3 and if it is alleged that an employee has been suspended without just cause advise the grievance shall start at Step 2 Employee of the grievance procedurepurpose of the meeting in advance and shall further advise the Employee of her right to request the presence of the Union Xxxxxxx at the meeting. If an Employee is suspended or discharged, the Employer shall notify the Union in writing within five two (52) working days following the date of suspension or discharge. As stated in the paragraph above, where a Xxxxxxx has been requested to attend an approved meeting by either the Employer or the Employee, the Xxxxxxx shall be provided kilometer compensation for all kilometers traveled to the Branch Office meeting and shall not suffer any loss of wages, seniority, service or benefits as a result of attending such meeting. 8.04 All records of counselling and disciplinary action are to be removed from an provided there has been no further disciplinary action during this eighteen (18) month period. 8.05 Where an Employee fails to report for a scheduled work assignment without notifying the Employer in advance, unless such notice could not reasonably be given (it being understood that forgetting the assignment is not a reasonable excuse for failing to so notify) the Employer may impose the following specific penalties: a) For the first two (2) occurrences, such discipline as may be determined by the Employer, understanding that the extent of such discipline is subject to grievance and arbitration; and b) Discharge from employment on any further occasion that the Employee fails to so report to work. Where a suspension or discharge being affected. The discharged or suspended employee for this offence is made the subject of a grievance which proceeds to arbitration, the Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premisesestablish, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage a balance of the grievance procedure, except arbitrationprobabilities, that an employee has been suspended or discharged without just cause, the Company shall reinstate him Employee failed to report for a scheduled work assignment and that the Employee did not advise the Employer of their absence in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceadvance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is The parties agree that the standards of just cause for imposition of discharge or disciplinary suspension are not the same as the standards required by law arising out of the alleged commission of crimes. Therefore, any discharge or disciplinary suspension shall be based upon the standards of just cause, independent of the issuance of or the lack thereof of a criminal complaint. The Union acknowledges that the Employer may temporarily transfer an employee or change his work duties, without loss of pay or benefits, pending investigation of alleged misconduct, whether there are criminal allegations or not, if in the Employer's opinion, such action is warranted due to the public duties or interest involved. Furthermore, the Union acknowledges that the Employer has been discharged the right to suspend an employee, with or without just cause pay, pending an investigation. If the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause investigation reveals no misconduct resulting in disciplinary action, the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)made whole. (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causeFor informational purposes, the Company shall reinstate him in his job without loss Employer agrees to email, when possible, during the normal course of seniority. A reinstated employee is business to be paid his wages at his hourly rate for the time loss limited to a maximum Union's designated official notice of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceall discharges or disciplinary suspensions. (c) Where an Arbitrator has been selected to determine Discipline will be of a question respecting an alleged unjust discharge or corrective/progressive nature, (example: verbal, written, suspension, he etc.) except nothing shall have power prevent the Employer from taking immediate and jurisdiction to: i) uphold the appropriate disciplinary action including discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed should it be required by the Arbitratorcircumstances. (ad) i) Only Discipline Letters Disciplinary action will be taken for just cause. In the event that disciplinary action results in loss of pay or discharge, the employee will be informed of his right to be represented by his xxxxxxx at the time the disciplinary action is imposed. All disciplinary action is to be in writing stating the reasons for such action and Discharge/Suspensions shall be considered as a form of discipline and shall be subject provided to the provisions of employee. (e) In imposing discipline on a current charge, the Grievance procedure. A copy of each letter shall be sent to the Union, within Employer will not take into account any prior verbal or written warnings more than eighteen (18) months old nor any prior disciplinary suspension more than thirty (30) days months old, provided the employee is free of discipline during such periods. If an employee remains free of discipline, the employee may request in writing of the imposition of such disciplineHuman Resources Director that all prior discipline be removed from his personnel file (after eighteen [18] months for verbal and written warnings and thirty [30] months for disciplinary suspensions) and placed into the employee's confidential file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 8.01 The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause. 8.02 Certain offences are of such gravity and importance that the Employer may impose the specific penalty of discharge. Where the dismissal of an Employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one (1) or more of these serious offences, the Employer shall be required to establish, on a balance of probabilities, that the Employee committed the offence. Where the Employer establishes that the Employee committed the offence, then the Arbitrator or Arbitration Board, as the case may be, shall not inquire into the penalty imposed. The offences which are considered to warrant the treatment set out above are: a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline Assaulting or discharge being affected. The discharged abusing a Client or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e).care giver/family member; (b) If it is agreed Theft of property from a Client, care giver/family member or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance.Employer; (c) Where an Arbitrator has been selected Conviction of a Criminal Offence which would impact the Client caregiver relationship. Nothing in this clause shall limit the Employer in imposing discipline, up to determine a question respecting an alleged unjust discharge or suspensionand including discharge, he shall have power and jurisdiction to: i) uphold the discharge or suspensionfor any other offence, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions other terms of this Collective Agreement. 8.03 Whenever the Employer formally imposes discipline of at least the written warning level on an Employee, the Employee shall have the right, upon request, to the presence of a Union Xxxxxxx. Where the Employer decides to hold a meeting with an Employee, to investigate a matter that may result in discipline or imposes discipline on an Employee, the Employer shall advise the Employee of the Grievance procedurepurpose of the meeting in advance and shall further advise the Employee of her right to request the presence of the Union Xxxxxxx at the meeting. A copy If an Employee is suspended or discharged, the Employer shall notify the Union in writing within two 8.04 All records of each letter counselling and disciplinary action are to be removed from an Employee’s personnel file eighteen (18) months from the date of discipline, provided there has been no further disciplinary action during this eighteen (18) month period. 8.05 Where an Employee fails to report for a scheduled work assignment without notifying the Employer in advance, unless such notice could not reasonably be given (it being understood that forgetting the assignment is not a reasonable excuse for failing to so notify) the Employer may impose the following specific penalties: a) For the first two (2) occurrences, such discipline as may be determined by the Employer, understanding that the extent of such discipline is subject to grievance and arbitration; and b) Discharge from employment on any further occasion that the Employee fails to so report to work. Where a suspension or discharge for this offence is made the subject of a grievance which proceeds to arbitration, the Employer shall be sent required to establish, on a balance of probabilities, that the Union, within thirty (30) days Employee failed to report for a scheduled work assignment and that the Employee did not advise the Employer of the imposition of such disciplinetheir absence in advance.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that No employee who has successfully completed the probationary period pursuant to Article 10.1 and 10.2 shall be disciplined, suspended without pay, or discharged except for just and sufficient cause. (b) When an investigation into allegations of harassment, (including bullying and violence in the workplace), discrimination, resident abuse, theft, or leaving a resident unattended without authorization requires a meeting between the employee against whom an allegation has been made and the Employer, the employee shall be entitled to have a Shop Xxxxxxx present if he or she desires. Shop Stewards shall be compensated in accordance with Article 6.3(b). (a) Where an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause pay or discharged, the grievance shall start at Step 2 of the grievance procedureEmployer shall, within five (5) working days of the discipline suspension or discharge being affected. The discharged notify the employee in writing stating the reason for the suspension or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)discharge. (b) If it Provided the Employer is agreed aware of a suspension or decided discharge prior to the employee’s shift, the Employer will make every reasonable effort to notify the employee at any home. (c) The Employer will give notification to the Union at the same time the employee is suspended without pay or discharged. 11.3 Where an employee alleges that he has been suspended without pay for more than one shift or discharged contrary to Article 11.1, he shall lodge his grievance at the second stage of the grievance procedure. 11.4 The Employer may, except arbitrationat any time, that an employee has been suspended or discharged without just cause, post rules of work and the Company postings shall reinstate him in his job without loss of seniority. A reinstated employee is be deemed to be paid his wages at his hourly rate notice to all employees. Breach of such rules may be the basis for discipline up to and including discharge. The Employer agrees that such rules will be reasonable and relate to the time loss limited to a maximum conditions of the employee(s) regular number of hours per week. The provision of this Article may workplace and shall not be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratordiscriminatory. (a) iThe Employer supports a system of progressive discipline except in the case of serious offences including resident abuse or neglect, theft or damage of property, (including bullying and violence in the workplace), discrimination, intoxication or being under the influence of drugs while on duty, and conviction for a serious criminal offence. In such cases, suspension or immediate dismissal may result. (b) Only Discipline Letters In cases of substance abuse, the Employer shall recognize the employee’s addiction and Discharge/Suspensions willingness to seek medical help without fear of reprisal except if the behaviour resulting from the abuse has had serious negative implications for Regional Residential Services Society, its staff or clients. If a second incident occurs, it shall be considered as a form of discipline and shall be subject to the provisions an incident forming part of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineenumerated list in 11.5(a).

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. 40.01 No Employee shall be disciplined or discharged except for just cause. Notice of discharge shall be consistent with the provisions of Article 40.08. 40.02 Before an Employee is disciplined (averbal warning, written warning or suspension only) If it or discharged s/he shall be advised of the right to have a Union representative present. This shall not preclude the right of the Employer to suspend "pending investigation" when a representative is alleged that not available. 40.03 When an employee Employee has been discharged without just cause disciplined or discharged, the grievance Employee shall start at Step 3 and if it is alleged that an employee has been suspended without just cause be notified in writing stating the grievance shall start at Step 2 of the grievance procedure, reasons therefore within five three (53) working days of the discipline or discharge being affecteddischarge. The discharged or suspended employee Employee shall be given advised that, if they so request, a copy of the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent disciplinary action will be paid forwarded to the President of the Local or to the NSGEU Employee Relations Officer. The Employer shall not be bound by the exact language of the statement of reasons at any subsequent arbitration hearings. 40.04 Where an Employee alleges that s/he has been disciplined or discharged in violation of Article 40.01, a grievance may be lodged in accordance with Article 11.06(e). (b) If it is agreed or decided 41.00, provided that, in the case of a discharge, a grievance may be lodged at any stage Step Two of the grievance procedure, except arbitration, . 40.05 Where it is determined that an employee Employee has been suspended disciplined or discharged without just cause, all records held by the Company Personnel Department and the Employee's department dealing with such discipline or discharge shall reinstate him in his job without loss of senioritybe removed from the files and destroyed. A reinstated employee is References, if any, to such discipline or discharge on documents required for bona fide administrative purposes shall not be paid his wages at his hourly rate for released to unauthorized persons and under no circumstances shall be used to the time loss limited to a maximum disadvantage of the employee(sEmployee concerned. (a) regular number The record of hours per week. The provision of this Article any Employee shall not be used against such Employee following a disciplinary action if twelve (12) months have elapsed without further similar or related incidents provided such further incident(s) have been brought to the Employee’s attention and the Employee has been advised that the initial disciplinary action may be waived relied upon for a further twelve (12) months. (b) The record of any Employee shall not be used against such Employee following a disciplinary action if both parties mutually agree to other methods of resolving the grievancetwelve (12) months have elapsed without written warning or more serious disciplinary action for any reason, in accordance with 40.01 above. (c) Where an Arbitrator For discipline relating to serious wilful misconduct, serious disobedience, or neglect of duty, the period shall be extended to five (5) years. (d) Discipline relating to sexual harassment, assault, including sexual assault, or theft is not covered by this article. 40.07 The Employer shall provide liability coverage of Employee's liability while performing duties or tasks required and authorized by the Employer. Such liability coverage shall be within the terms and conditions of the insurance policies of the Employer. 40.08 A regular Employee whose employment is terminated by the Employer for reasons other than wilful misconduct, disobedience or neglect of duty shall be give a minimum of three (3) weeks prior written notice of such termination, or three (3) weeks pay in lieu of notice. 40.09 If notice of termination has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation given in accordance with his hourly rate. It this article, the Employer shall pay the Employee all pay to which s/he is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by entitled at the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions expiry of the Grievance procedure. A copy period of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinenotice.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it An Employee, who is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee suspended, shall be given a reasonable opportunity to meet with his/her xxxxxxx before leaving the opportunity of seeing a Xxxxxxx and/or Union President before he Employer's premises unless, in the circumstances, it is required necessary to require the Employee to leave the premises, providing one is available on sitepremises immediately. Time spent will The Employee shall be paid notified in accordance with Article 11.06(e)writing of such discharge or suspension. (b) If it An Employee, who is agreed discharged or decided suspended, may file a grievance at any stage Step Two of the grievance procedure, except arbitration, that an employee has been suspended procedure within seven (7) days of such discharge or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancesuspension. (c) Where an Arbitrator has been selected An Employee, upon written request to determine her supervisor, may, in the presence of a question respecting an alleged unjust discharge or suspensionManager, he as mutually agreed upon by the Employer and Employee, review the contents of her personnel file at a mutually agreeable time. An Employee shall have power and jurisdiction to: i) uphold the discharge or suspensionright to obtain copies of any documents contained in her personnel file provided to the Employee. A Union Representative/Xxxxxxx, or ii) vary with the penaltywritten consent of the Employee, or iii) substitute shall be entitled to review an Employee’s personnel file in order to facilitate the investigation of a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorgrievance. (ad) iThe Employer shall endeavour to hold a meeting with an Employee for the purpose of dispensing discipline by way of a written warning, suspension, or discharge and the Employer shall inform the Employee of the purpose of the meeting and her right to be represented by a Union Representative/Xxxxxxx at such meeting. (e) Only Discipline Letters and Discharge/Suspensions Disciplinary letters shall be considered as removed from the Employee’s file after a form period of discipline and shall be subject to twenty-four (24) months from the provisions date of the Grievance procedure. A copy incident, provided there has been no intervening discipline of each letter shall be sent to any kind. (f) It is generally the Union, within thirty (30) days policy of the imposition Employer to apply progressive discipline of such verbal warning, written warning and suspension, were applicable so that an Employee is given the opportunity to fully understand their responsibilities and expected level of performance. Notwithstanding a process of progressive discipline, the Employer reserves the right to bypass any step in the progressive discipline process and proceed directly to termination for just cause where it determines that the conduct warrants a termination of employment for just cause. The Union reserves the right to grieve any discipline issued.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a1999) 23.1 An employee may be dismissed for cause without notice or pay in lieu thereof. 23.2 (1996) If it is alleged A claim by an employee, who has completed the probationary period of employment in accordance with article 3.2, that an employee he/she has been unjustly discharged without just cause the from his/her employment, shall be treated as a grievance shall start at Step 3 and if it written statement of such grievance is alleged that an employee has been suspended without just cause the grievance shall start lodged at Step 2 of the grievance procedure, procedure within five (5) working days after the employee has been notified of the discipline or discharge being affecteddischarged. The discharged or suspended employee A probationary employee, if found unsuitable, shall not be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required entitled to leave the premisesgrieve with respect to discharge, providing one is available on site. Time spent will be paid in accordance but with Article 11.06(e). (b) If it is agreed or decided at any stage of this exception, shall have access to the grievance procedure, except arbitration, that . 23.3 Such discharge grievance may be settled by confirming the Company’s action in dismissing said employee or by reinstating him with full compensation for wages lost or by any other arrangement which is just and equitable in the opinion of the parties to this Agreement. 23.4 When an employee has been suspended discharged he/she shall have the right to interview a Shop Xxxxxxx for a reasonable period of time before leaving the premises. 23.5 No employee shall be disciplined or discharged without just cause, on his/her day off. 23.6 (2002) Written discipline notices issued to the employees must contain information and reasons for which the notice is issued. Such notices shall be issued to an employee as soon as the Company shall reinstate him in his job without loss is aware of senioritythe event leading to his/her actions and has a reasonable period of time to investigate the matter. A reinstated copy shall be signed by a Company Representative and also it shall be signed by the employee(s) involved as acknowledgment. By signing said notice, it shall not be an admission of guilt. Excluding probationary employees, when an employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspensiondischarged, he shall have power be notified in writing of the pertinent reason(s) for his discharge. Said notification shall be given either the same day during the meeting or by mail in the following days of his discharge, to the employee’s last known address. 23.7 (1999) Employee's written notices and jurisdiction to:suspensions will be taken from an employee’s file after eighteen (18) months in the case of written notice and after twenty-four (24) months in the case of suspensions, should no similar offense be repeated during said period. i23.8 (2002) a) uphold The following special procedure will apply to cases where suspension or discharge is contemplated. b) The employee may be held out of service, without loss of regular wages, pending an investigation until the discharge time of the meeting with Company. In determining whether or suspensionnot to hold an employee out of service, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay will consider the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by nature of the Arbitratoralleged infraction. (ac) i) Only Discipline Letters and Discharge/Suspensions shall The employee will be considered as a form of discipline and shall be subject to the provisions notified of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days charges as soon as possible after senior Management becomes aware of the imposition of such disciplinealleged offense.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If 19.01 No Employee shall be suspended or discharged, except for just cause. 19.02 Whenever the Employer or its authorized agent deems it is alleged that necessary to suspend or discharge an employee has been discharged without just cause Employee, the grievance Employee shall start have the right to have a xxxxxxx present at Step 3 and if it is alleged that an employee has been suspended without just cause a meeting where the grievance reasons for the suspension or discharge will be given. 19.03 The Employee shall start at Step 2 be notified in writing of the grievance procedure, any action and/or penalty within five (5) working days of any action in Article 19.02, either hand delivered or by mail, with a copy to the discipline Secretary of the Union. 19.04 Whenever the Employer or discharge being affected. The discharged its authorized agent deems it necessary to censure an Employee in a manner indicating that discipline, up to and including dismissal may follow any further infraction, or suspended employee may follow if such Employee fails to bring work up to a required standard by a given date an Employee shall be given notified in advance of any meeting concerning discipline and shall have the opportunity of seeing a Xxxxxxx and/or Union President before he to have their Xxxxxxx, or designate, present. It is required understood by the parties that the Employer reserves the right to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed deliver disciplinary notices to Employees by mail or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatementdelivery, and in such event, there is no meeting and no right to have a Xxxxxxx present. In all cases ii)where the Employer or its authorized agent deems it necessary to censure an Employee, iii)the Employer shall, and ivwithin ten (10) days thereafter, give written particulars of such censure to the Arbitrator may in addition order Employee involved with a copy to the Company to pay Secretary of the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the ArbitratorUnion. 19.05 An Employee may review the Employee’s personnel file at the Board’s office at a time mutually agreeable to the Employee and the Coordinator of Employment and Labour Relations (a) i) Only Discipline Letters or designate). An Employee shall have the right to a copy of any material contained in their Personnel File. 19.06 If a letter of warning or discipline is addressed to an Employee and Discharge/Suspensions placed on the Employee’s personnel file, the Employee shall have the right to reply in writing thereto and such reply shall become part of the Employee’s record. Any act of outstanding meritorious conduct shall be considered as a similarly recorded. Letters of warning or discipline shall form of discipline and shall be subject to the provisions part of the Grievance procedure. A copy of each Employee’s record but shall not be used in any proceeding against the Employee if no further complaint has been made within the subsequent thirty-six (36) months from the date the letter shall be sent to the Union, within thirty (30) days first formed part of the imposition of such disciplineEmployee’s record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Employer must impose a disciplinary action no later than thirty (a30) If it is alleged that an employee has been discharged without just cause days after the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Employer knew or reasonably should have known of the grievance proceduremisconduct for which the disciplinary action is being imposed, or within five (5) working 30 days after the completion of the discipline an investigation which shall be conducted in a reasonable period of time. B. Discharge, Reduction in Pay or discharge being affectedPosition, or Suspension for more than Thirty Days. The discharged or suspended employee Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedurenot, except arbitrationwith just cause, that an discharge any employee who has been suspended completed his probationary period nor shall the Employer reduce in pay or discharged position or suspend any such employee without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may employee will be waived if both parties mutually agree to other methods of resolving the grievancepromptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. (c) Where an Arbitrator has been selected to determine 1. In the event of a question respecting an alleged unjust discharge discharge, reduction in pay or suspensionposition, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within suspension for more than thirty (30) days of an employee who has completed his probationary period, the imposition management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representative within five (5) calendar days from the date of the action complained of. 2. In the event an employee, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Board. The Board shall, as part of its investigation, refer such request to its panel of Hearing Officers. Members of the panel of neutral Hearing Officers shall be mutually selected by the Office of Legal Counsel and by CUB and may be removed from the panel by either party on thirty (30) days advanced written notice. Members of the panel of Hearing Officers shall be selected for hearings on a rotating basis. If the Hearing Officer is unavailable to conduct the hearing, the next available Hearing Officer on the rotation shall be selected. The Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Board shall pay the costs for the Hearing Officer. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations, which shall be forwarded within fifteen (15) days after the hearing to the Board for its determination. The Board shall consider exceptions taken to the Hearing Officer's findings if submitted in a timely fashion by the parties and shall then take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Board's written decision shall be sent to the aggrieved employee, the CUB representative and the CEO. Either party may then file an appeal to the Maryland State Board of Education followed by judicial review in the Circuit Court for Baltimore City. 3. All Board disciplinary proceedings shall be recorded on a tape recorder and/or related machinery to be supplied by the Employer. Following a final disposition by the Board on the Hearing Officer's advisory recommendations, tapes of the Hearing Officer's proceedings in each individual disciplinary matter shall be preserved and inserted in the affected employee's personnel file for further review not to exceed thirty (30) days. C. Any employee scheduled for a disciplinary hearing or meeting must be given prior notice by management that he has a right to representation by his CUB Representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) A. Discipline - Disciplinary action may be imposed upon employees only for just cause. If the Employer has reason to reprimand or otherwise orally counsel an employee, it is alleged shall be done in a manner that an will not embarrass the employee has been discharged without just cause before other employees or the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedurepublic. B. Discharge, within five (5) working days of the discipline Reduction in Pay or discharge being affectedPosition, or Suspension for more than Thirty Days. The discharged or suspended employee Employer shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedurenot, except arbitrationwith just cause, that an discharge any employee who has been suspended completed his probationary period nor shall the Employer reduce in pay or discharged position or suspend any such employee without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may employee will be waived if both parties mutually agree to other methods of resolving the grievancepromptly notified in writing giving specific reasons for discharge, reduction in pay or position, or suspension for more than thirty (30) days. (c) Where an Arbitrator has been selected to determine 1. In the event of a question respecting an alleged unjust discharge discharge, reduction in pay or suspensionposition, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within suspension for more than thirty (30) days of an employee who has completed his probationary period, the imposition management representative responsible for initiating such action shall, if requested, meet with the affected employee and his CUB representatives within five (5) calendar days from the date of the action complained of. 2. In the event an employee, who has completed his probationary period is discharged, reduced in pay or position, or suspended for more than thirty (30) days, such employee and/or his CUB representative may request an investigation by the Board. The Board shall, as part of its investigation, refer such request to its Hearing Officer. The Hearing Officer shall conduct a fair and impartial hearing no later than fifteen (15) days from the receipt of such disciplinerequest. The Hearing Officer, at the conclusion of such hearing, shall make findings of fact and recommendations which shall be forwarded within fifteen (15) days after the hearing to the Board for its determination. The Board shall consider exceptions taken to the Hearing Officer's findings if submitted in a timely fashion by the parties and shall then take action on such recommendations within fifteen (15) days thereafter. Copies of the Hearing Officer's findings and recommendation and the Board's written decision shall be sent to the aggrieved employee, the CUB representative and the CEO. 3. All Board disciplinary proceedings shall be recorded on a tape recorder and/or related machinery to be supplied by the Employer. Following a final disposition by the Board on the Hearing Officer's advisory recommendations, tapes of the Hearing Officer's proceedings in each individual disciplinary matter shall be preserved and inserted in the affected employee's personnel file for further review not to exceed thirty (30) days. C. Any employee scheduled for a disciplinary hearing or meeting must be given prior notice by management that he has a right to representation by his CUB Representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that Dismissal, suspension, and/or disciplinary action shall be only for just and stated causes with the employee having the right to defend themselves against any and all charges. Written notification of dismissal, suspension, and other disciplinary action shall be sent to the employee and the Union. Causes deemed sufficient for dismissal, suspension, and/or other disciplinary action include, but are not limited to, the following: being in possession of alcoholic beverages or controlled substances on school property, drunkenness, use of controlled substances, dishonesty, insubordination, taking an unauthorized leave of absence, absence from work without notifying the Board, willful violation of adopted Board's rules, or conduct unbecoming an employee has been discharged in the public service. With regards to the implementation of the Omnibus Transport- ation Employee Testing Act, any covered employee who refuses to submit to testing or tests positive for drugs or alcohol, will be terminated without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of recourse to the grievance procedure. Any employee within the bargaining unit who is not covered by the Acts provisions, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)considered covered by this provision and subject to discharge for the same causes. (b) An employee may be dismissed, suspended or disciplined pend- ing investigation, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, full senior- ity rights and all fringe benefits that the employee would have earned during the dismissal or suspension period. If it the dismissal is agreed sustained, or decided at any stage of the suspended employee is not reinstated through the grievance procedure, except arbitration, that an the employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum deemed dismissed as of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancedate such action was taken. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspensionThe Union, he with specific written consent of the employee, shall have power and jurisdiction to: i) uphold the discharge or suspensionright to review the contents of the personnel file of any employee within the bargaining unit; upon making the request, or ii) vary employees shall have the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) right to review the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed contents of their own personnel files maintained by the ArbitratorBoard. Such review of personnel files must be done in the Board of Education Offices under the supervision of a designated school employee. (ad) i) Only Discipline Letters and Discharge/Suspensions This Article shall be considered as a form of discipline and shall be subject have no application to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplineprobationary employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 13.1 The Employer shall not discipline or discharge an Employee unless there is just cause. 13.2 The Employer accepts and gives effect to the principle of progressive discipline. The steps of progressive discipline shall be (a) If it written reprimand, (b) suspension(s), and lastly, (c) discharge. In the workplace, theft, fraud, criminal conduct, violence, harassment, or misconduct of an equally serious nature may result in immediate suspension or discharge. 13.3 An Employee is alleged entitled, prior to the imposition of discipline or discharge, to be notified at a meeting with the Employer of the reason for considering such an action. Except in emergency circumstances, when the Employer wishes to impose discipline upon an Employee, the Employee and the Union shall be notified in writing a minimum of 24 hours in advance that such a meeting is to take place. The Employee shall be accompanied at the meeting by a Union Representative. 13.4 The Employer shall notify the Employee in writing, with a copy to the Union, of any disciplinary action pertaining to an employee has been Employee’s work performance or misconduct, and shall state the reasons for such discipline and the type of disciplinary penalty to be imposed. The Employee shall be accompanied by a union representative when any such notice is delivered to the Employee. The Union will ensure union representation if given 4 (four) hours notice by the Employer. 13.5 Where an Employee is discharged without just cause or suspended, the Union may commence the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 Two of the grievance procedure. 13.6 In the event an Employee is found to have been unjustly suspended or discharged, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee she shall be given the opportunity reinstated in her former position with no loss of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)seniority or wages. (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, 13.7 The Parties agree that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of all meetings under this Article may be waived if both parties mutually agree to other methods of resolving the grievanceheld by teleconference. 13.8 Records written reprimand will be expunged from the Employee’s personnel records one (c1) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold year from the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions date of the Grievance procedure. A copy of each letter shall be sent event that led to the Union, within thirty (30) days of the imposition of such disciplinediscipline if there has been no subsequent related disciplinary action. Except in circumstances referred to in Article 13.2, records of suspension will be expunged from Employee’s personnel records two (2) years from the date of the event that led to the imposition of such discipline if there has been no subsequent related disciplinary action. 13.9 The Employer shall, as soon as possible, inform the President of CAW Local 567 when an investigation of an Employee has commenced relating to matters covered by Article 13.2.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been 10.01 No Member will be disciplined, suspended, or discharged without just cause cause. 10.02 Any disciplinary action shall be measured against the severity and the frequency of the violation along with any aggravating and/or mitigating circumstances. Discipline shall be progressive except in serious infractions. 10.03 Where a Member is suspended or discharged after the completion of her/his probationary period, s/he and the Union shall be informed, at the same time, of her/his discharge or suspension. The Member’s supervisor wi l encourage the Member to exercise her/his right to have a Union Representative present at this meeting. Staff Relations will inform the Union in advance of such meetings. A written confirmation of said discharge or suspension shall be provided to the Member and the Bargaining Unit within five (5) days. 10.04 The termination of employment of a Temporary Full-Time Member at the end of a predetermined period or upon completion of a specific project for which s/he was hired shall not be the subject of a grievance, subject to the provisions of this Collective Agreement. 10.05 A Member who has completed her/his probationary period and to whom paragraph 10.04 does not apply, may initiate a grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the Grievance Procedure alleging that s/he has been unjustly discharged or suspended. Such grievance procedure, shall be filed within five (5) working days after the discharge or suspension has been effected. 10.06 When the University deems it necessary to discipline a Member, the University will inform the Member in writing, copied to the Bargaining Unit President of the date, the time, and location of meeting. In the case of a Member employed at an off campus worksite, the regional representative shall be copied as well. 10.07 The University recognizes that a Member has the right to be, and will be accompanied by their representative for cases involving discipline and discharge. 10.08 Any claim of unjust discipline or discharge will be submitted to the grievance and arbitration procedures (Article 11 - Grievance Procedure) within five (5) days from the date of receipt of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)letter. (b) If it 10.09 The Bargaining Unit shall receive a copy of all discipline letters given to Members covered by this Collective Agreement. 10.10 It is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee discipline letters within Members’ Human Resources files sha l be removed after a two (2) year period provided that no further discipline has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(srecorded within that two (2) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceyear period. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. 17.01 The Employer recognizes that progressive discipline is a fundamental principle of this agreement. (a) If No employee shall be suspended or discharged except for just cause. Where an employee is suspended or discharged, the Employer within ten (10) working days of the suspension or discharge shall notify the employee in writing by registered mail or personal service stating the reason for the suspension or discharge, and a copy of such notice of suspension or discharge will be forwarded to the Local President. (b) Where an employee is disciplined and a letter of reprimand is deemed appropriate, the Employer shall, within ten (10) working days of the discipline, notify the employee and the Union in writing stating the reason for the discipline imposed. 17.03 Where it is alleged determined that an employee has been discharged disciplined by suspension without just cause pay or by discharge in violation of Article 16.02, that employee shall be immediately reinstated in his former position without loss of continuous service or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits, which he shall not lose, is his regular pay during the period of suspension or discharge which shall be paid to him at the end of the next complete pay period following his reinstatement. 17.04 The Employer shall not introduce as evidence in a grievance or adjudication proceeding under this Agreement any document pertaining to disciplinary action the existence of which the employee was not aware. 17.05 No unfavorable note, report or letter shall start at Step 3 be filed in the employee’s personal record file prior to the employee being notified in writing and if it is alleged that an having access to said note, report or letter. All references to disciplinary action taken against the employee shall be removed after twenty four (24) months from the date of the imposition of the discipline, providing no other instance of disciplinary action in respect of the employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedurerecorded during that period. 17.06 Upon request, within five (5) working days of the discipline or discharge being affected. The discharged or suspended an employee shall be given the an opportunity of seeing to read his file four (4) times a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)year at a mutually agreed upon time. (b) If it is agreed or decided 17.07 Where the Employer intends to interview an employee for disciplinary purposes, except in the case of an emergency, the Employer shall so notify the employee at any stage least forty eight hours in advance of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum purpose of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he interview and shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay inform the employee full or partial compensation of his right to have a Union representative present at the interview in accordance with his hourly rate. It is understood, however, order that if an the employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratormay contact his/her Union representative. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. 12.01 The Employer shall have the right to discipline and discharge Employees for just and sufficient cause. The Employer shall impose discipline in a fair, consistent, reasonable and timely manner. 12.02 When an Employee is disciplined or discharged, the Employer shall notify the Employee in writing of the reason(s) for the discipline or discharge. 12.03 At the time disciplinary action is taken, the Employer shall notify the local Union president or his designate of such action and, at the request of the local, shall forthwith provide the name(s) of the Employee(s) against whom disciplinary action was taken. 12.04 When an Employee is required to attend a meeting as part of a disciplinary investigation or to render a disciplinary decision concerning that Employee, the Employee is entitled to have, at their request, a representative of the Alliance attend the meeting. Where practicable, the Employee shall receive a minimum of two (2) days notice of such meeting and written reasons for such a meeting. 12.05 A copy of any document which may form the basis of any disciplinary action and which may be placed on the Employee’s file will be given to the Employee at the time the disciplinary action is taken. 12.06 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an Employee, the contents of which the Employee was not aware. 12.07 In order of severity, the only types of disciplinary action shall be: a) If it is alleged oral reprimand b) written reprimand c) suspension d) dismissal 12.08 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an Employee, shall be destroyed after eighteen (18) months has elapsed since the disciplinary action was taken provided that an employee no further disciplinary action regarding the matter referred to in this document or written statement has been discharged without just cause the grievance recorded during this period. 12.09 Grievances relating to suspension or discharge shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start be filed at Step 2 of the grievance procedure. If the grievance is not satisfactorily settled at Step 2, within five (5) working days of then the discipline or discharge being affected. The discharged or suspended employee shall grievance may be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required referred to leave the premises, providing one is available on site. Time spent will be paid expedited arbitration in accordance with Article 11.06(e)11. (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. SECTION 1. A competitive-class employee covered by this Agreement who has successfully completed his/her probationary period shall utilize the following procedure for discipline and discharge matters in lieu and in place of the procedures specified in Section 75, 76, and 77 of the New York State Civil Service Law. SECTION 2. Employees within the non-competitive class of the DOERC shall receive, after one (1) year of full-time consecutive service or the part-time bargaining unit equivalent, access to this provision. a) If it Disciplinary action shall include, but is alleged that an not limited to written reprimands, suspension, demotion, discharge, fines, or any combination thereof or other such penalties as may be imposed by the County. b) A notice of such discipline shall be made in writing and served upon the employee has with a copy to the CSEA Unit President and Personnel Officer. The specific act(s) for which discipline is being imposed and the penalty(ies) shall be specified in the notice. c) The employee against whom suspension without pay penalties have been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been imposed may be suspended without just cause pay for a period not to exceed ninety (90) days. SECTION 4. If the employee disagrees with the disciplinary action imposed, the employee and/or CSEA may submit a grievance shall start at Step 2 Level II of the Grievance Procedure, as specified in Article 6 of this Agreement. Failure to submit a grievance procedure, within five ten (510) working days of receipt of the notice of discipline or discharge being affectedwill constitute acceptance of the imposed penalty by the employee and CSEA and the matter will be settled in its entirety. The discharged or suspended Subject to a mutual written agreement between CSEA and the Personnel Officer, the time limit herein above specified may be extended. SECTION 5. An employee shall have the right to be given represented in disciplinary matters by a CSEA Unit 655002 representative if the opportunity employee elects to do so. Nothing contained herein shall be construed as limiting the right of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, to informally resolve the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for disciplinary matter by settlement with the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatementDepartment Head/designee, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly ratemay waive his/her rights to the procedure as outlined herein. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by Any settlement agreed upon between the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions parties shall be considered as a form of discipline reduced to writing and shall be subject to the provisions final and binding upon all parties. Copies of the Grievance procedure. A copy of each letter all settlements shall be sent to the Union, within thirty Personnel Officer and the CSEA Unit President. SECTION 6. No disciplinary action shall be commenced by the County more than eighteen (3018) days months after the occurrence of the imposition alleged act(s) for which discipline is being considered provided, however, that such time limitation shall not apply where the act(s) would, if proven in a court of such disciplineappropriate jurisdiction, constitute a crime.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that 28.1 Disciplinary actions shall include only the following: oral reprimand, written reprimand, demotion, suspension or discharge in writing. 28.1.1 Disciplinary action or measures may be imposed only for just cause. Disciplinary actions imposed upon an employee may be processed as a grievance through the regular grievance procedure. If the Employer has been discharged reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 28.2 The Employer shall not discharge any non-probationary employee without just cause cause. If, in any case, the grievance shall start at Step 3 and if it Employer feels there is alleged that an employee has been suspended without just cause for such discharge, the grievance shall start at Step 2 of the grievance procedure, within employee involved will be suspended for five (5) working days without pay or accrual of benefits. The employee and their Union representative will be notified in writing that the employee has been suspended and is subject to discharge. Such notification shall state the reason in detail for the suspension and discharge specifying dates, locations, and the particular nature of the discipline reason for the suspension and discharge. 28.2.1 The Union shall have the right to take up the suspension and/or discharge as a grievance as specified at 29.1.3 of the Grievance procedure, and the matter shall be handled in accordance with this procedure through arbitration, if deemed necessary by either party. 28.2.2 Any employee found to be unjustly suspended or discharge being affected. The discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment, or suspended as otherwise stipulated by mutual agreement or by a Board of Adjustment or by an arbitrator under the grievance procedure hereinafter set forth. 28.3 During the probationary period an employee may be terminated for any reason without recourse under the Grievance and Arbitration procedures of this Agreement. 28.4 If the Employer has reason to discuss any disciplinary action with an employee, the employee shall be given the opportunity option of seeing having a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)representative present at any such discussion. (b) If it is agreed or decided at any stage 28.5 Upon request of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causerecords of reprimands shall be removed from an employee's personnel file after two (2) years, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understoodprovided, however, that if an the employee is reinstatedhas taken corrective action, he shall retain his full seniority, unless otherwise directed by the Arbitratorand has received no other disciplinary actions. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it 9:01 In determining appropriate discipline, the severity of an employee’s conduct, the nature of the violation, the employee’s disciplinary record, and any other relevant factors may all be considered. The parties agree to always subscribe to the principle that discipline if required is alleged that meant to be corrective and not punitive. The disciplinary action imposed by Goodwill may be any one of a number of options used to address and/or correct misconduct, violations, unacceptable behavior or actions and/or the quality of the employee’s work, including, but not limited to verbal warnings/counselling; written warnings; demotions; suspensions; and, termination for cause. A claim by an employee who has successfully completed the probationary period prescribed herein that he/she has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the grievance shall start Human Resource Manager or his/her designate, at Step 2 of the grievance procedure, procedure within five seven (57) working days after the employee ceases working for Goodwill. (a) Goodwill agrees that whenever a meeting is held with an employee where the subject matter is intended to become part of the discipline such employee’s record regarding his work or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing conduct, a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent Chairperson/Committee person will be paid in accordance with Article 11.06(e)present as a witness if requested by the employee. (b) If it is agreed or decided at any stage of In the grievance procedure, except arbitration, that event an employee has been suspended or discharged without just causerequests a Chairperson/Committee person and one is not available, the Company meeting will then be postponed until a Chairperson/Committee person or the business agent from the Union is available. In no case shall reinstate him postponement be for a period of more than one (1) week, unless Goodwill and the Union agree otherwise, in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievancewriting. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he Any and/or all discipline must be recorded in the employee’s personnel file. A copy of any/all disciplinary action shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay be signed by both the employee full or partial compensation in accordance with his hourly rateand Goodwill and a copy will be forwarded to the Union within seven (7) working days. It is understoodIf the employee refuses to sign, however, that if it will be so noted on the disciplinary form and initialed by a Union Representative. Discipline will remain on an employee is reinstated, he shall retain his full seniority, unless otherwise directed by employee’s record for a period of one year from the Arbitratordate the discipline was imposed. (ad) iIt is understood and agreed that the right to Union Representation shall not be exercised during the usual or routine non-disciplinary discussions between management and members of the bargaining unit. 9:03 A probationary employee may be disciplined or discharged by Goodwill at any time during the probationary period as provided in Article 2.02(vii) Only Discipline Letters of this Agreement, for any reason, save and Discharge/Suspensions except prohibited grounds of discrimination as outlined in the Human Rights Code of Ontario, and such reason shall conclusively be considered as a form of deemed to constitute just cause for such discipline and or discharge. Any such discipline or discharge so imposed, shall not be subject to the provisions grievance and/or arbitration proceedings outlined in this Collective Agreement. 9:04 Goodwill may conduct spot checks of employees for security purposes when entering or leaving their work areas, initiate vehicle surveillance programs or other appropriate security measures to protect property, equipment or customer goods at any of their locations. It is agreed that progressive discipline may be applied for minor offences and up to immediate termination for theft or serious misappropriation of property or merchandise. Goodwill agrees to notify all employees that they are under surveillance and will identify to all employees and the Union of the Grievance procedurelocation of all surveillance equipment. A copy of each letter shall Goodwill agrees that there will be sent no surveillance in the employees break or lunchrooms. Goodwill will ensure that the office or private space provided to the Union, within thirty (30) days Union to conduct Union business will not be impeded by any surveillance equipment. 9:05 Discipline may also be applied where an employee refuses to submit to a security check or fails to use the designated exit for their work area after receiving at least one verbal warning. It is also understood that clear written permission signed by a member of the imposition management staff for Goodwill must be obtained by the employee in order remove any article from the premises. All security checks will be done in the presence of such disciplinea Chairperson/Committee person on shift or another unionized employee. In no circumstances will security checks be performed on a person’s body.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been No permanent Employee may be dismissed or suspended without just cause cause. Nothing shall prohibit the grievance shall start at Step 2 of Union from investigating any dismissal or suspension and resorting to the grievance procedureGrievance Procedure provided in this Agreement. In the event that it is decided, within five (5) working days of as provided in the discipline Grievance Procedure set forth in this Agreement, that the suspension or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged was without just cause, the Company decision shall reinstate him in his job without loss of seniorityprovide for reinstatement with back pay. A reinstated employee is Except where an emergency prevents it, grievances concerning dismissal or suspension shall be advanced over all other matters pending for grievance hearings and shall be promptly heard. With respect to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he except on grounds for immediate dismissal as described herein, the Employer agrees to follow the principles of corrective discipline with respect to other offenses. A warning shall have power be given for the first and jurisdiction to: isecond offenses of an Employee in violation of Township rules, but reprimands for any offense thereafter shall be cumulative. All warnings and reprimands given to Employees who violate Township rules shall be issued in writing and copies shall be given to Union representatives as provided herein. No other warnings or reprimands shall be considered. A reprimand shall not remain in effect for a period of more than eighteen (18) uphold months. Procedures for the discharge or suspensionhandling of offenses and penalties to be involved are as follows: Step One – Formal reprimand shall be given to the Employee for the first violation with a copy to the Employee’s Shop Xxxxxxx. Step Two – A formal reprimand and a one (1) day suspension shall be given to the Employee for his/her second violation of Township rules with a copy to the Employee’s Shop Xxxxxxx and Union. This written reprimand shall be placed in Employee’s personnel record and will be eliminated as stated above. Step Three – A maximum suspension of three (3) days may be given for the next reprimand. The suspension notice shall be given to the Employee in writing, or ii) vary with copies to the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, Employee’s Shop Xxxxxxx and in cases ii), iii), and iv) the Arbitrator Union. The suspension may in addition order be taken to the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed Employer by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered Union for discussion as a form of discipline and shall be subject to the provisions maximum penalty. This action shall become part of the Grievance procedure. A copy of each letter shall Employee’s personnel record and will be sent to the Union, within thirty (30) days of the imposition of such disciplineeliminated as stated above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an No employee subject to this Agreement who has been completed their 90 day probationary period shall be discharged or disciplined without just cause the grievance shall start at Step 3 investigation and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 approval by a recognized official of the grievance procedure, within five (5) working days Company. The Company will not be responsible for an investigation if the discharge is at the direction of the discipline Government. For new hires and employees who are recalled or discharge being affected. The discharged re-hired after more than 2 years in layoff status; if an interim or suspended full security clearance is required, the employee shall be given must obtain and maintain the opportunity required clearance for the duration of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e)their employment. (b) It is understood herein that the Company has the right to discipline or discharge an employee within ten (10) working days after the Company learns an action has occurred which has established just and sufficient cause. If it is agreed an employee feels he has been unjustly dealt with by the discipline or discharge decided at any stage upon, as hereunder set forth, he shall be entitled to utilize the grievance procedure as set forth in Article 15 of this agreement. The period of time set forth in this paragraph may be extended by mutual agreement in writing between the Program Director and the designated representative of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceLocal Union. (c) Where It is understood that an Arbitrator has been selected employee subjected to determine a question respecting an alleged unjust discharge or suspensiondisciplinary action shall be entitled, he shall have power and jurisdiction to: i) uphold the discharge or suspensionupon his / her request, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation representation by his / her Union Representative appointed in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorprovisions of this Agreement. (ad) i) Only Discipline Letters and Discharge/Suspensions An employee disciplined or discharged shall be considered as a form of discipline and shall be subject to at the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition time of such disciplineaction be furnished with a statement in writing setting forth the precise charge(s), which caused the action. (e) An employee still in his / her probationary period may be terminated at any time without recourse. (f) All documents regarding an employee's discipline (Warning or Suspension) will be removed from the employee’s personnel file after a period of one (1) year from date of issuance provided an employee makes such request through his / her immediate supervisor and a similar discipline has not occurred.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. The Union acknowledges that probationary employees may be discharged for reasons less serious than would justify dis- missal of a regular employee. No employee on the seniority list shall be disciplined or dis- charge without just cause. Any employee on the seniority list is entitled, prior to the imposition of suspension or discharge, to be notified at a meeting with management, of the reasons for considering such action. The employee shall be accompanied by the Zone Xxxxxxx of his choice, when available, if he requests such assistance, who shall be advised in advance by management of the time and place of the meeting. Employees shall be notified in writing of the grounds for sus- pension or discharge. The Chief Xxxxxxx and Zone Xxxxxxx shall receive copies within one (a1) working day of the action. The employer shall provide the employee, the Chief Xxxxxxx and the Zone Xxxxxxx with copies of any written warnings affecting the employee. Any reply by the employee shall become part of his record. It is understood that an employees request he shall be granted the opportunity to per- sonally view his disciplinary record. A claim by an employee on the seniority list that he has been unjustly discharged from his employment shall be treated as a grievance if a written statement is lodged with the Human Resources Manager within ten (10) working days after the employee ceases to work for the Company. Further action on this matter will commence at Step No. of the Grievance Procedure. Such special grievances may be settled by any arrangement which is just and equitable in the opinion of the conferring parties. If the Union and the Company fail to resolve the grievance and the matter proceeds to an arbitrator, an employ- ee who so is reinstated shall receive full compensation includ- ing all benefits and wages (including premiums) provided it is alleged that consistent with the arbitrator’s decision. When an employee has been discharged dismissed without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, notice he shall have power the right to interview his Xxxxxxx for a reasonable period of time before leaving the plant premises. Records of discipline shall be removed from the employee’s file and jurisdiction to: ishall not be used against him or her, for any purpose, after two (2) uphold years have expired from the discharge or suspension, or ii) vary date the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) discipline was taken. Prior to the Arbitrator may in addition order dismissal of an employee on the seniority list the Company will meet with the Union to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitratorprovide rationale for their decision. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an Any allegation employee has been demoted, suspended. discharged or otherwise disciplined without just cause the shall be a fit in for grievance shall start at Step 3 and if arbitration as provided for Collective When disciplining or discharging probationary employees for cause, it is alleged that the probationary period is an employee extension of the selection process that they short service. Therefore, the threshold may that of a regular Disciplinary penalties resulting will not be imposed a final decision, Union Management, or an Unless otherwise to. after a of disciplinary penalty has been suspended without just cause uti an a of two years. and there have no the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent reprimand will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedurefrom all files. A copy of each letter all letters of penalties shall be sent to the Unionc in the Company's the is of nature. In the latter instance, within thirty (30) letter will state that Union not received a copy of the This shall not prevent a supatvisor taking disciplinary action including to THE REGULAR ARBITRATION The regular arbitration process will continue the currently adhered to by the parties, but disputes to such or any requests for changes in practice Arbitrator for a This shall not apply to Union of treatment or Union concerns regarding of documents the rating, lor jobs the Job Evaluation shall be accordance with the challenge procedures in Clerical-Technical Job Evaluation Where a difference arises between to interpretation, application, or of this including any question as to is where an allegation is made that this either of the parties may, after grievance established by this notify xxxxx in writing of desire to submit the difference to arbitration notice shall contain the name of first appointee to arbitration board. The recipient of the days, other party of its to the The two shall, days of the imposition If recipient of such discipline.to appoint an or the fail to upon within Labour Arbitration or the of upon the of party. The Arbitration shall and the difference or allegation shall decision and the shall be final arid binding and any by decision of majority shall be decision of the Board of Arbitration if is no majority, decision of the shall govern to change, alter. modify or of this Agreement. of Expeditor1 Arbitration shall at least fifteen (15) grievances each day. The decisions arc and shall accompanied by reasons any issues No or Deputy without the approval of the Arbitrator. parties services of counsel. Chief Arbitrator and Arbitrator Arbitrator will final all issues to scheduling cases, decisions as to hears and when it is shall have power to against those in grievance and the referral to respect of Power:; Chief Arbitrator Process

Appears in 1 contract

Samples: Partnership Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that The Union recognizes the right of the Company and its supervisors to manage and supervise the work force of employees, individually or collectively in the normal course of work. In assessing discipline, the Company will consider the gravity of the offense, seniority and the work record of the employee involved. (b) In meetings for the purpose of investigation of any matter which may eventuate in the application of discipline or discharge, an employee will be entitled to Union representation, if he so desires. (c) No employee who has been in the service of the Company ninety (90) days or more shall be discharged without just cause having first been afforded the grievance opportunity of a hearing in the presence of a duly authorized Union representative before a designated representative of the Company other than the one bringing the complaint against the employee. (1) An employee who has been charged with an offense which may result in his discharge shall start at Step 3 be notified in writing, with a copy to his union representative, of the precise charge or charges preferred against him, together with the date, time and if it is alleged that location of the discharge hearing. When an employee has been suspended without just cause pending the grievance discharge hearing, the Company shall start at Step 2 notify such employee and/or his Union representative in writing as to the foregoing within three (3) days from the date of his suspension. The discharge hearing shall take place no later than seven (7) days following the date of the grievance procedureaforestated notification, within unless the parties agree otherwise. (2) Prior to the discharge hearing, the employee and his Union representative shall be given a reasonable opportunity to secure the presence of necessary witnesses. (3) The discharge hearing officer shall write and mail his decision regarding the employees discharge or lesser discipline no later than five (5) working days after the close of the discipline or discharge being affected. The discharged or suspended employee shall hearing. (4) If the decision of the discharge hearing officer is not satisfactory, then appeal may be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid made in accordance with the procedures described in Article 11.06(eXV(b)(2). Step 2. ------ (d) If an employee is suspended while away from his home terminal, he shall be provided transportation to return to his home terminal. (be) If it is agreed The company will not discriminate against any witness called to testify or decided who otherwise offers evidence at any stage of the grievance procedure, except arbitration, that an employee has been suspended hearing or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of investigation under this Article may be waived if both parties mutually agree to other methods of resolving the grievanceArticle. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Trans World Airlines Inc /New/)

DISCIPLINE AND DISCHARGE. 8:01 In order to be valid disciplinary action, the disciplinary action or decision must be dealt with in a timely fashion. Any disciplinary action or decision shall not be based solely on any item in an employee's personnel record which has been on file for more than one (a1) If it is alleged that an year. An employee has the right to request the presence of a member of the Union Committee or Xxxxxxx at any time disciplinary action is taken. It is the Employer's responsibility to inform the employee of her right to request such representation. The Employer will arrange a meeting of the Employer, the employee, and her designated Union Committee Member or Xxxxxxx. 8:02 An employee shall, upon written request, be granted the opportunity to review her files in the presence of a manager. The employee may be accompanied by a Union Committee member. The employee will be provided with a copy of any items she requests. 8:03 A probationary employee shall be considered employed on a trial basis and may be discharged at the discretion of the Employer if she proves unsatisfactory on the basis of a fair and proper assessment. Such dismissal shall not be the subject matter of a grievance, nor shall it be referred to arbitration, except as provided in Article 8:05. 8:04 It is understood and agreed that termination of a temporary employee at the expiration of their term or at the time funding is removed by the third party funders shall not be the subject of a grievance nor be referred to arbitration. 8:05 An employee, other than a temporary employee, who claims to have been unjustly discharged, or a probationary employee who claims to have been discharged without just cause contrary to Article 8:03 herein may file a grievance within fourteen (14) calendar days of the grievance shall start date of the notice of dismissal commencing at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 I of the grievance procedure. 8:06 The Union will be notified in writing of a dismissal and the rationale for same. 8:07 The employee may make a written request that any disciplinary letter be removed from her file. The Employer shall consider such request and will remove such disciplinary letter from the employee's file if: A) The disciplinary letter is dated at least nine (9) months prior to the employee's request; and B) The conduct giving rise to the disciplinary action is of a minor and non-repetitive nature; and C) The employee has, within five (5) working days to the satisfaction of the discipline or discharge being affected. The discharged or suspended employee shall be given Employer, remedied the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject conduct giving rise to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such disciplinecomplaint.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it is alleged that an employee has been ‌ 10.01 No Member will be disciplined, suspended, or discharged without just cause cause. 10.02 Any disciplinary action shall be measured against the severity and the frequency of the violation along with any aggravating and/or mitigating circumstances. Discipline shall be progressive except in serious infractions. 10.03 Where a Member is suspended or discharged after the completion of their probationary period, they and the Union shall be informed, at the same time, of their discharge or suspension. The Member’s supervisor will encourage the Member to exercise their right to have a Union Representative present at this meeting. Staff Relations will inform the Union in advance of such meetings. A written confirmation of said discharge or suspension shall be provided to the Member and the Bargaining Unit within five (5) days. 10.04 The termination of employment of a Temporary Full-Time Member at the end of a predetermined period or upon completion of a specific project for which they were hired shall not be the subject of a grievance, subject to the provisions of this Collective Agreement. 10.05 A Member who has completed their probationary period and to whom Paragraph 10.04 does not apply, may initiate a grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the Grievance Procedure alleging that they have been unjustly discharged or suspended. Such grievance procedure, shall be filed within five (5) working days after the discharge or suspension has been effected. 10.06 When the University deems it necessary to discipline a Member, the University will inform the Member in writing, copied to the Bargaining Unit President, of the date, time and location of meeting. In the case of a Member employed at an off-campus worksite, the Regional Representative shall be copied as well. 10.07 The University recognizes that a Member has the right to be, and will be accompanied by, their representative for cases involving discipline and discharge. 10.08 Any claim of unjust discipline or discharge will be submitted to the Grievance and Arbitration Procedure (Article 11 - Grievance Procedure) within five (5) days from the date of receipt of the discipline or discharge being affected. letter. 10.09 The discharged or suspended employee Bargaining Unit shall receive a copy of all discipline letters given to Members covered by this Collective Agreement. 10.10 It is agreed that discipline letters within Members’ Human Resources files shall be given the opportunity of seeing removed after a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). two (b2) If it is agreed or decided at any stage of the grievance procedure, except arbitration, year period provided that an employee no further discipline has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(srecorded within that two (2) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievanceyear period. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. (a) If it A. The concept of progressive discipline is alleged that endorsed by both parties. B. PEF maintains the right to discharge or discipline any employee for just cause. The right shall be exercised with due process. C. Whenever an employee has been discharged without just cause is summoned for an interview which may lead to disciplinary action he/she shall be entitled to USW representation. The employee shall be informed of this right in writing by the summoning party. The employee and/or his/her representative shall be given a copy of any document(s) signed by the employee as part of this interview. D. Whenever PEF initiates disciplinary action against an employee it shall do so in writing and shall contain the following: 1. Stating the reason(s) for such action and the proposed penalty. 2. Specifying the time(s) date(s) and place(s) such alleged misconduct or incompetence took place. 3. Informing the employee of the right of USW representation. 4. The USW President and Grievance Chairperson shall receive a copy of such Notice within forty-eight (48) hours of the time that the employee receives such Notice. E. The employee and USW shall have the right, within 30 working days of receipt of notice pursuant to paragraph D above, to grieve such action commencing at Step 2 of the grievance shall start at Step 3 procedure in Article 3(C) of this agreement; and if it is alleged unresolved at this level it shall be moved to Step 3 within the time frames provided by Article 3(C) of this agreement. The arbitrator shall have the right to sustain, modify or remove the allegations in the Notice and to sustain, modify or delete the proposed penalty. F. An employee shall not be disciplined for any work-related acts which occurred more than one (1) year prior to the imposition of the disciplinary notice. This does not preclude the employer’s use of the employee’s formal work history at an arbitration. G. No employee shall be adversely affected nor shall any penalties be imposed by a disciplinary action until the arbitrator's decision has been rendered. PEF in its discretion may, however, suspend an employee without pay or temporarily reassign the employee when PEF determines that there is probable cause that such employee's continued presence on the job represents a potential danger to persons or property or would interfere with operations. Suspensions without pay and temporary reassignments shall be reviewable by a disciplinary arbitrator at the conclusion of the case, to determine whether PEF had probable cause. Where an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline pay or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just causetemporarily reassigned, the Company parties shall reinstate him in his job without loss make every effort to schedule at least the first day of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, arbitration within thirty (30) days of the imposition filing of such disciplinea grievance. The inability of the parties to schedule or complete the arbitration within sixty (60) days of the filing of the grievance shall not entitle the grievant to be reinstated on the payroll or to have the temporary reassignment revoked unless the delay is the direct result of circumstances controllable by PEF. H. An employee suspended without pay shall continue to maintain full health insurance coverage, as provided by this agreement, for the duration of the suspension.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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