Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 4 contracts

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

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DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged9.01 Subject to Article 9.02, suspended the employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily, corrective action . 9.02 An employee will be issued within fourteen (14) calendar days of entitled to be accompanied by their Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives their right to have a Union representative present. The University will inform the employee of the right to be accompanied by their Xxxxxxx present during prior to the start of any disciplinary actionsuch meeting. In If the event employee refuses Union representation, they will sign a Union Xxxxxxx waiver that indicates their decision to decline representation. 9.03 When the University is not available considering disciplining an employee, upon request, shall be allowed the University will meet with the employee and a Union representative unless the employee waives their right to have another a union representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within ten (10) working days of this meeting the University will advise the employee of its disciplinary decision. If the University requires additional time to complete its investigation prior to making its disciplinary decision, the Union Member present who is will not currently unreasonably withhold agreement to extend the ten (10) day period referenced above. 9.04 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware ofwish to respond in writing to the discipline, their reply will also become part of their personnel file. Section 2 Employees covered by this Agreement electing 9.05 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within three (3) working days, such reason(s) will be confirmed in writing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of terminationand the Union. 9.06 When making a disciplinary decision, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when University will not consider any prior discipline after the employee has worked for eighteen (18) months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the written request of PTO to employees giving proper notice of resignation or retirement an employee, all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from their personnel file. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 11.01 An employee who has completed her probationary period shall not be dischargedreprimanded in writing, suspended suspended, discharged or otherwise subject to corrective action except for disciplined without just cause. OrdinarilySuch an employee who is disciplined shall be sent a letter confirming the discipline with the reasons for the discipline within four (4) days after the discipline is imposed, corrective action will which letter shall be issued within fourteen (14) calendar days forwarded to the Business Manager of UWOSA. 11.02 UWO may discharge a probationary employee for any reason unless the date discharge is shown to have been made in bad faith or in violation of the incident on which the action is basedArticle 4. Copies of all A probationary employee who receives a written warnings and notices of warning, a suspension or discharge shall be furnished sent a letter confirming the action within four (4) days of the event. A copy of the letter shall be forwarded to the Business Manager of UWOSA. 11.03 Any disciplinary record(s) which are more than two (2) years old shall not be relied upon by UWO in taking disciplinary action and shall be removed from the personnel files provided that no further disciplinary action of any nature has occurred during the two year period. 11.04 No employee shall be required as part of their job to discipline another employee. However, an employee may be required as part of their job to monitor the job performance of other employees. 11.05 An employee who is being reprimanded in writing, suspended or discharged shall have the rightbe entitled, upon requestat her option, to have a Union Xxxxxxx UWOSA representative present at the time the disciplinary action is imposed. Employees shall be notified of this right before any meeting when the discipline is imposed. 11.06 An employee may be accompanied by a UWOSA representative during any disciplinary actionmeeting in which discipline is being investigated or discussed. In the event a Union Xxxxxxx is not available an employee, upon request, Employees shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofnotified of this right before any such meeting. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 13.01 Where a supervisor intends to hold a disciplinary meeting, the supervisor shall notify the employee that the meeting shall occur the following working day, or immediately provided that the employee is able to have his/her Union representative present, if desired. Any such meeting shall be dischargeddocumented and copies forwarded to the employee, suspended or otherwise subject their personnel file, and the Union if the Union is in attendance at the disciplinary meeting. 13.02 Whenever the Employer deems it necessary to corrective action except censure an employee, the Employer shall within five (5) working days after the disciplinary meeting give written particulars of such censure to the employee involved. 13.03 An employee who has completed the probationary period may be dismissed, but only for just cause. OrdinarilyWhen an employee is discharged or suspended, corrective action will the Employee shall be issued given the reason in the presence of the Xxxxxxx, if requested, and such reason shall be put in writing and sent to the Employee within fourteen five (145) calendar working days. 13.04 A grievance claiming unjust discharge or suspension shall be submitted in writing to the Executive Director, or designate, within five (5) working days of the date that the Union and the Xxxxxxx have been notified in writing of the incident on which the action is based. Copies of all written warnings and notices such discharge or suspension. 13.05 In cases of suspension or discharge discharge, evidence shall be furnished limited to the grounds stated in the suspension or discharge notice to the employee. An , except for material evidence not known to the Employer at the time of notice, and pertaining to the grounds stated in said notice. 13.06 A written disciplinary action imposed upon an employee shall have be removed from the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s 's personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereofmonths after imposition, such failure to report to work shall be conclusively presumed to be a resignation from providing there is no similar or like disciplinary action within the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordsame twenty-four (24) month period.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged12.01 Subject to Article 12.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 12.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 5.02. 12.03 At their request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by their Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives their right to have a Union representative present. The University will inform the employee of the right to be accompanied by their Xxxxxxx present during prior to the start of any disciplinary action. In such meeting. 12.04 When the event a Union Xxxxxxx University is not available considering disciplining an employee, upon request, shall be allowed the University will meet with the employee and a Union representative unless the employee waives their right to have another a Union Member present who is representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the University will advise the employee of its disciplinary decision. If the University requires additional time to complete its investigation prior to making its disciplinary decision, the Union will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 12.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware ofwish to respond in writing to the discipline, their reply will also become part of their personnel file. Section 2 Employees covered by this Agreement electing 12.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of terminationand the Union. 12.07 When making a disciplinary decision, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when University will not consider any prior discipline after the employee has worked for 18 months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the request of PTO to employees giving proper notice of resignation or retirement an employee, all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from their personnel file. Section 3 If 12.08 Where there is a claim of harassment or discrimination and the University decides to remove an employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service workplace pending its investigation of THE HOSPITAL and terminate for such the claim, the University shall continue the employee’s seniority wages and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in benefits during the service recordinvestigation period.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged12.01 Subject to Article 12.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 12.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 5.02. 12.03 At her/his request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by her/his Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives her/his right to have a Union representative present. The University will inform the employee of the right to be accompanied by her/his Xxxxxxx present during prior to the start of any disciplinary action. In such meeting. 12.04 When the event a Union Xxxxxxx University is not available considering disciplining an employee, upon request, shall be allowed the University will meet with the employee and a Union representative unless the employee waives her/his right to have another a Union Member present who is representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the University will advise the employee of its disciplinary decision. If the University requires additional time to complete its investigation prior to making its disciplinary decision, the Union will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 12.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware of. Section 2 Employees covered by this Agreement electing wish to resign or quit their employment respond in writing to the discipline, her/his reply will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL also become part of her/his absence because personnel file. 12.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to the employee and the Union. 12.07 When making a disciplinary decision, the University will not consider any prior discipline after the employee has worked for 18 months during which there has not been subsequent discipline imposed. At the request of illness an employee, all such prior disciplinary records will be removed from her/his personnel file. 12.08 Where there is a claim of harassment or discrimination and unforeseen emergency or other justifiable reasonthe University decides to remove an employee from the workplace pending its investigation of the claim, then such employee the University shall be reinstated without any break in continue the service recordemployee’s wages and benefits during the investigation period.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged12.01 Subject to Article 12.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 12.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 5.02. 12.03 At her/his request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by her/his Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives her/his right to have a Union representative present. The University will inform the employee of the right to be accompanied by her/his Xxxxxxx present during prior to the start of any disciplinary action. In such meeting. 12.04 When the event a Union Xxxxxxx University is not available considering disciplining an employee, upon request, shall be allowed the University will meet with the employee and a Union representative unless the employee waives her/his right to have another a union representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the University will advise the employee of its disciplinary decision. If the University requires additional time to complete its investigation prior to making its disciplinary decision, the Union Member present who is will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 12.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware of. Section 2 Employees covered by this Agreement electing wish to resign or quit their employment respond in writing to the discipline, her/his reply will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL also become part of her/his absence because personnel file. 12.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to the employee and the Union. 12.07 When making a disciplinary decision, the University will not consider any prior discipline after the employee has worked for 18 months during which there has not been subsequent discipline imposed. At the request of illness an employee, all such prior disciplinary records will be removed from her/his personnel file. 12.08 Where there is a claim of harassment or discrimination and unforeseen emergency or other justifiable reasonthe University decides to remove an employee from the workplace pending its investigation of the claim, then such employee the University shall be reinstated without any break in continue the service recordemployee’s wages and benefits during the investigation period.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 10.01 Should WoodGreen decide in its discretion to discipline or discharge an employee for cause, WoodGreen shall be discharged, suspended or otherwise subject required to corrective action except for establish just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. . 10.02 An employee shall have a xxxxxxx present at any disciplinary meeting with WoodGreen. WoodGreen shall contact the rightUnion informing them that a xxxxxxx is required. Where feasible, WoodGreen will provide three (3) business days’ notice of such impending meeting. However, when in the opinion of WoodGreen’s People & Culture Director or designate, the circumstances are as grave or severe as to require an immediate response, WoodGreen reserves the right to initiate a meeting with less than three (3) business days’ notice. 10.03 WoodGreen agrees that an employee shall have the right to see his/ her personnel file, and to have a copy of any information in the file, upon request, within five (5) business days of a request, without loss of pay. The employee may only view the contents of the file in People & Culture. If the employee wants copies of any of the information contained in the file, such copies will be made by People & Culture. Any request by an employee to view the employee’s personnel file and to have a Union Xxxxxxx present during any copies made must be made in writing not more than once every six (6) months. 10.04 No record of disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, action shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that unless a copy is provided to the employee was not made aware of. Section 2 Employees covered employee. All employees shall be required to acknowledge receipt of a record of disciplinary action given by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which signing such record of disciplinary action at the time the employee is provided with a copy. Signing the document acknowledges receipt of the copy only, not agreement with its content. When an employee refuses to sign acknowledgement of receipt, the accompanying xxxxxxx can sign on behalf of the employee, acknowledging receipt of the copy only, not agreement with the content. All employees shall continue have the opportunity to workprovide a written response to any record of disciplinary action provided to them within ten (10) business days of the employee’s receipt of such record of disciplinary action. Upon receipt of an employee’s written response to a record of disciplinary action within the specified time frame, WoodGreen will sign and date acknowledgement of receipt and attach it to the disciplinary document. 10.05 An employee terminated by THE HOSPITAL who is discharged or suspended shall be given two (2) weeks’ notice a reasonable opportunity to consult with a union xxxxxxx before leaving the workplace. 10.06 A record of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay disciplinary suspension action shall be required when removed from the official file of an employee has been discharged for just causeeighteen (18) months from its effective date if there are no other instances of similar disciplinary action taken during this period. Payment A record of PTO verbal or written disciplinary action shall be removed from the official file of an employee sixteen (16) months from its effective date if there are no other instances of similar disciplinary action taken during this period. 10.07 References to employees giving proper notice of resignation or retirement days in the discipline and discharge procedure will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed considered to be a resignation from the service of THE HOSPITAL business days and terminate for such employee’s seniority shall exclude Saturdays, Sundays, holidays and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordvacations.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged11.01 Subject to Article 11.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 11.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 4.02. 11.03 At their request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by their Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives their right to have a Union Representative present. The Employer will inform the employee of the right to be accompanied by their Xxxxxxx present during prior to the start of any disciplinary action. In such meeting. 11.04 When the event Employer is considering disciplining an employee the Employer will meet with the employee and a Union Xxxxxxx is not available an employee, upon request, shall be allowed Representative unless the employee waives their right to have another a Union Member present who is Representative present. The Employer will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the Employer will advise the employee of its disciplinary decision. If the Employer requires additional time to complete its investigation prior to making its disciplinary decision, t he Union will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 11.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware ofwish to respond in writing to the discipline, their reply will also become part of their personnel file. Section 2 Employees covered by this Agreement electing 11.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of terminationand the Union. 11.07 When making a disciplinary decision, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when Employer will not consider any prior discipline after the employee has worked for 18 months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the request of PTO to employees giving proper notice of resignation or retirement an employee all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from their personnel file. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No A: Upon substantiation of an allegation or complaint of misconduct from within the department or from outside the department which may result in disciplinary action against an employee, but in no case more than fourteen (14) calendar days after the receipt of an allegation or complaint, a supervisor shall inform the employee of the nature of the accusation and the identity of the complainant(s). The supervisor or employee will notify the employee's Xxxxxxx that a complaint has been made against the employee and the name(s) of the complainant(s). The employee shall, at the time of notification, if he/she so desires, have the right to consult privately with his/her Xxxxxxx and to have the Xxxxxxx present during any discussions occurring between the employee and his/her supervisor regarding the allegation or complaint. The employee shall respond to the complaint or allegation verbally at the time of notification if ordered to do so by the supervisor. If the employee is unable to reply accurately, he/she will have the opportunity to review the appropriate written records before responding. Proceedings shall not be dischargedelectronically recorded by either party. Responses involving possible criminal conduct may only be used to resolve internal police department misconduct complaints and may not be used in any criminal court proceedings against the employee. Section B: The supervisor, suspended after notifying the employee of the complaint or otherwise subject accusation in accordance with Section A above, shall, as soon as possible, reduce the allegations or complaint to corrective action except for just cause. Ordinarily, corrective action will writing and cause it to be issued presented to the employee within fourteen (14) calendar days or if the employee was relieved of duty in accordance with Section D of this Article, the supervisor shall give positive notification of the date allegations to the employee not later than the conclusion of the incident on which next day. The employee shall have until his/her next working day after receipt of the action written allegation to reply. If the employee's reply is based. Copies of all written warnings and notices of suspension or discharge unclear to the supervisor, the reply shall be furnished returned to the employee for clarification. The employee shall have until his/her next working day to submit a clarification. The investigation shall be conducted with all possible haste and, except for complicated matters, shall be concluded within fourteen (14) calendar days from the date the employee answers the allegation. If the investigation is to take longer than fourteen (14) calendar days, the supervisor will notify the employee and tell him/her why it is being delayed. Section C: The investigating supervisor shall, upon completion of his/her investigation, make a recommendation to the employee's Division Commander as to his/her findings and suggested discipline, if any. An The investigating supervisor shall not base his/her recommendations upon infractions which have occurred more than Section D: In severe cases where it is necessary for the Employer to relieve the employee of duty, the employee shall have be informed of the right, upon request, reason for his/her relief from duty. The employee will be allowed the opportunity to have discuss the relief from duty with a Union Xxxxxxx present during any disciplinary actionbefore being required to leave the premises. In the event a Union Xxxxxxx an employee is not available an employeerelieved from duty, upon request, his/her salary and other benefits shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofcontinued during this period. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL E: The forms of discipline shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay limited to the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.following:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee ‌ 9.1 Management shall be dischargedhave the right to discipline, suspended demote, or otherwise subject to corrective action except terminate a bargaining unit member for just cause. Ordinarily, corrective action The employee will be issued furnished with a written statement of charges of the alleged offense(s). Such statement of charges shall cite the specific section(s) of this Agreement and/or City Personnel Policies claimed to be violated. The employee shall have reasonable time to prepare for a defense against the charges and shall be afforded due process. Discipline shall normally be administered within fourteen twenty (1420) calendar working days of the date alleged offense(s), or knowledge thereof, unless the employee is notified in writing that disciplinary action may be taken, pending completion of an investigation regarding the allegations. In cases requiring an investigation, disciplinary action will not be taken until the conclusion of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employeeinvestigation. An employee may be placed on administrative leave, with or without pay, during an investigation, if it is determined to be in the best interest of the City. In no case will an administrative leave with pay exceed eighty (80) hours. With the exception of criminal investigations, the normal investigation should not take more than two (2) weeks for completion. An extension may be requested in writing, as needed. the employee may, within five (5) working days of receipt of the notice, contact Human Resources to request a pre-termination hearing or file a grievance. At no time may an employee request a pre- termination hearing and later file a grievance on the matter. The pre-termination hearing shall be conducted by the City Manager or designee and the Human Resources Manager or designee within ten (10) working days of receipt of the employee’s request. At the pre-termination hearing, the employee will be given the opportunity to respond to the allegations. An employee may request the presence of a Union Xxxxxxx at the hearing, and the Xxxxxxx may speak on behalf of the employee in response to the allegations. Within ten (10) working days after this hearing, the City Manager shall render a written decision regarding the employee’s status. 9.2 Employees shall have the right, right to review their personnel files upon request, . Employees shall have the opportunity to have submit a Union Xxxxxxx present during written statement responding to any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action reprimands which will be or are entered in their personnel file. Employees shall receive a copy of disciplinary documents placed within their personnel file. 9.3 Discipline in an employee’s personnel file that shall be used in progressive discipline against the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL as follows: verbal warning for one (1) year, written reprimand for two (2) weeks years, and a suspension for three (3) years. Discipline actions involving harassment or workplace violence not resulting in termination can be used in progressive discipline for five (5) years from date of occurrence. 9.4 Normally, progressive disciplinary action (oral reprimand, written notice during reprimand, suspension without pay and termination) will be followed. However, the nature and seriousness of an employee’s offense will be of primary importance and could result in suspension or termination without previous oral or written reprimand. Oral reprimands are for a minor or infrequent offense in which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, is counseled concerning the behavior or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary work performance and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policyadvised regarding necessary improvement. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 16.1 An employee, upon the request of the employee, shall have the right to have his or her Xxxxxxx present at any discussion with supervisory personnel which the employee believes might be the basis of disciplinary action. 16.2 An employee may be subject to disciplinary action for improper or undesirable attitudes or actions concerning any matter relating to attendance, work performance, safety and health precautions and personal behaviour during work hours. 16.3 An employee who is disciplined by the Employer shall be given written notice containing any warning issued to him for breach of discipline within five (5) working days of such disciplinary action having been taken by the Employer. 16.4 Any employee recording starting or quitting time for another employee shall be discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action to: a) First offence - appropriate discipline as decided by management. b) Second offence - immediate dismissal. 16.5 An employee will be issued within fourteen (14) calendar days notified about, and permitted to read any letter of complaint which concerns the work of the date employee and which is to be entered into the employee’s personnel file. The employee may attach a note of explanation or clarification, to the letter. Upon the employee’s request, any such letters will be removed from his or her file, after two (2) years have elapsed since the letter(s) were placed in the file, providing no further discipline has occurred during that period. Also, it is the right of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary actioninspect his or her own personnel file. In the event a Union Xxxxxxx is not available an employee, upon request, Such request shall be allowed to have another Union Member present made in writing and shall be granted within five (5) business days of making such request. 16.6 An employee who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that discharged by the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL Employer shall be given two a letter stating the precise reason(s) at the time this action is taken. 16.7 Any claim of wrongful discharge shall be submitted to the grievance procedures within five (25) weeks’ notice working days from the date of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment such discharge. Step #1 of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement grievance procedures will be made consistent with THE HOSPITAL’s PTO policyomitted in such cases. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged11.01 Subject to Article 11.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 11.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 4.02. 11.03 At their request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by their Xxxxxxx or their specified designate at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives their right to have a Union representative present. The Employer will inform the employee of the right to be accompanied by their Xxxxxxx present during or their specified designate prior to the start of any disciplinary action. In such meeting. 11.04 When the event Employer is considering disciplining an employee the Employer will meet with the employee and a Union Xxxxxxx is not available an employee, upon request, shall be allowed representative unless the employee waives their right to have another a Union Member present who is representative present. The Employer will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the Employer will advise the employee of its disciplinary decision. If the Employer requires additional time to complete its investigation prior to making its disciplinary decision, t he Union will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 11.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware ofwish to respond in writing to the discipline, their reply will also become part of their personnel file. Section 2 Employees covered by this Agreement electing 11.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of terminationand the Union. 11.07 When making a disciplinary decision, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when Employer will not consider any prior discipline after the employee has worked for 18 months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the request of PTO to employees giving proper notice of resignation or retirement an employee all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from their personnel file. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 ‌ 19.1 No employee Employee shall be suspended or discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily. 19.2 Whenever the Employer or its authorized agent deems it necessary to suspend or discharge an Employee, corrective action will be issued within fourteen (14) calendar days of the date of Employee shall have the incident on which right to have a xxxxxxx present at a meeting where the action is based. Copies of all written warnings and notices of reasons for the suspension or discharge will be given. 19.3 The Employee shall be furnished notified in writing of any action and/or penalty within five (5) days of any action in Article 19.02, either hand delivered or by mail, with a copy to the employee. An employee Secretary of the Union. 19.4 Whenever the Employer or 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 may follow if such Employee fails to bring work up to a required standard by a given date an Employee shall be notified in advance of any meeting concerning discipline and shall have the rightopportunity to have their Xxxxxxx, upon requestor designate, present. It is understood by the parties that the Employer reserves the right to deliver disciplinary notices to Employees by mail or delivery, and in such event, there is no meeting and no right to have a Union Xxxxxxx present during any disciplinary actionpresent. In all cases where the event Employer or its authorized agent deems it necessary to censure an Employee, the Employer shall, within ten (10) days thereafter, give written particulars of such censure to the Employee involved with a Union Xxxxxxx is not available an employee, upon request, shall be allowed copy to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employeethe Chief Shop Xxxxxxx. 19.5 An Employee may review the Employee’s personnel file that at the employee was not made aware ofRegional Centre for Education's office at a time mutually agreeable to the Employee and the Coordinator of Employment and Labour Relations (or designate). An Employee shall have the right to a copy of any material contained in their Personnel File. Section 2 Employees covered by this Agreement electing 19.6 If a letter of warning or discipline is addressed to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time an Employee and placed on the employee Employee’s personnel file, the Employee shall continue have the right to workreply in writing thereto and such reply shall become part of the Employee's record. An employee terminated by THE HOSPITAL Any act of outstanding meritorious conduct shall be given two (2) weeks’ notice similarly recorded. Letters of termination, warning or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment discipline shall form part of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay Employee’s record but shall not be required when used in any proceeding against the employee Employee if no further complaint of the same or similar nature has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If within the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within subsequent twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation months from the service date the letter first formed part of THE HOSPITAL and terminate for such employeethe Employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged1. The parties recognize the authority of the employer to impose discipline, suspended or otherwise subject up to corrective action except and including dismissal, for just cause. OrdinarilyDiscipline may take the form of written reprimands, corrective reduction in duties, reassignment, suspension without pay, and dismissal. Disciplinary action shall be conducted in private and imposed in accordance with the principles of progressive discipline. Section 2. Prior to imposing a disciplinary action, the University will advise the employee of the charges and complaints that potentially give rise to such action. The employee will be provided an opportunity to refute the charges or to present extenuating circumstances. An employee is entitled to representation by a Union representative at investigatory meetings which may result in discipline, if he/she so chooses. The union will make a representative available to attend an investigatory meeting within forty-eight (48) hours two work days. Section 3. All forms of discipline will be issued within fourteen to the employee in writing. Such written notice will state the level of discipline being imposed and the charges and complaints which give rise to the disciplinary action. All such written notices will include the following disclaimer: “Employee’s signature indicates only that the supervisor has discussed this material with the employee and he/she has received a copy. The employee’s signature does not indicate agreement or disagreement with its content.” Employees will be required to sign disciplinary notices containing this disclaimer. Section 4. Within thirty (1430) calendar days of receiving a notice of discipline, the date employee may provide a written rebuttal to be placed in his/her file with the notice of discipline. Section 5. Upon written request from the employee, warnings and disciplinary notices shall be removed from his/her file after two (2) years. Disciplinary notices may be removed sooner if, in the judgment of the incident on head of the administrative unit in which the action employee works, or the Director of Human Resources Xxxx of the Graduate School if the graduate assistant is based. Copies of all written warnings and notices of suspension or discharge shall be furnished appointed to a different department, the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action’s performance and conduct warrants such removal. In the event a Union Xxxxxxx that the Head of the administrative unit is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an the employee’s personnel file that supervisor, the employee was not made aware ofmay forward the request to the Director of Human Resources. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Cge Contract Changes Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action 18.01 Any written warnings and disciplinary actions will be issued taken in the presence of a Xxxxxxx, unless the employee concerned declines representation. At any time during the meeting the employee may request, and be granted, Union representation, provided that there is a Union representative in every Centre. Each employee must be provided, in writing, with all notations of derogatory or disciplinary actions, which are to be placed in the employee’s record to justify a later disciplinary action. Such notice must be given to the employee within fourteen seven (147) calendar working days of the date occurrence giving rise to the action and such notice will be acknowledged by a signed receipt or registered letter. In such cases, the President of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge Union shall be furnished notified by mail that the employee has been disciplined or received a written warning and the President will forward such information to the employee. An employee shall have Executive Committee of the right, upon request, to have a Union Xxxxxxx present during any disciplinary actionUnion. In the event that an employee who has obtained seniority receives a Union Xxxxxxx written warning, or disciplinary action which is not available to be placed on the employee’s record and the employee feels that the written warning or disciplinary action is without just cause, the case may be taken up as a grievance, commencing at Step Two, providing the grievance is submitted in writing to the Umbrella within ten (10) working days of the notice. 18.02 Where an employeeemployee is to be suspended, upon request, the action shall be allowed to have another Union Member present who is not currently taken in the presence of a Xxxxxxx or unless the employee concerned declines representation. In the event an employee who has obtained seniority is suspended and the employee feels the suspension is without just cause, the case may be taken up as a grievance commencing at Step Three providing the grievance is submitted in writing to the Umbrella within ten (10) working days of the notice of suspension. 18.03 When an employee is to be discharged, the Umbrella shall inform the Union OfficerPresident of the termination. No corrective action will The employee shall: 1. be placed so advised by a member of the Umbrella; and 2. be advised of the time and place of the termination meeting; and 3. have a xxxxxxx present unless the employee declines; and 4. be given the reasons for discharge at such termination meeting 18.04 In the event that an employee who has obtained seniority is discharged from employment and the employee feels the discharge is without just cause, the case may be taken as a grievance commencing at Step Three of the Grievance Procedure providing the grievance is submitted in writing to the Umbrella within ten (10) working days of the discharge. 18.05 In the event that an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee is terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for with just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such said employee shall be reinstated without any break in the service recordpaid for unused vacation.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 10.01 If an employee shall be dischargedhas been terminated, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee she/he shall have the right, upon requestright immediately after being terminated, to have 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 set out the reasons for the discipline and discharge. The employee will be asked to sign a Union Xxxxxxx present during any disciplinary action. In the event copy of a Union Xxxxxxx notice to acknowledge receipt, and that acknowledgement is not available an admission of guilt. Should the employee refuse to sign, a witness shall be sufficient acknowledgement that the employee has received and has been fully explained the contents of the notice given. Employees shall receive a copy of all discipline and discharge notices. 10.03 A claim by an employee, upon request, that he/she has been unjustly discharged or suspended from his/her employment shall be allowed treated as a grievance 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 have another Union Member present who is not currently a Xxxxxxx or Union Officerwork for the Employer. No corrective action All preliminary steps of the Grievance Procedure prior to the involvement of the General Manager will be placed omitted in an such case. The 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 personnel file that disciplinary record after one (1) year, should the employee was offence not made aware of. Section 2 Employees covered by be repeated during this Agreement electing to resign or quit their employment period of time. Suspensions will give THE HOSPITAL be removed from the employee’s disciplinary record after two (2) weeks written notice years, should the offence not be repeated during which time this period of time. 10.05 All employees shall have reasonable access to their personnel files. An appointment with the Personnel office must be arranged in advance by the employee to see his/her file. 10.06 In all cases of discipline (including discharge), the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice offered the presence of termination, or THE HOSPITAL may, in lieu thereof, pay a Shop Xxxxxxx; if the employee two (2) weeks advance salary and immediately terminate the employment declines he/she will sign a waiver of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policysuch offer. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged12.01 Subject to Article 12.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 12.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 5.02. 12.03 At their request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by their Union Representative at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives their right to have a Union Xxxxxxx present during any disciplinary actionRepresentative present. In circumstances where the event employee waives their right to a Union Xxxxxxx is not available an employeeRepresentative, upon request, shall be allowed to have another the Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that provided with a copy of the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment signed Union waiver upon consent of the employee. ProvidedThe University will inform the employee of the right to be accompanied by their Union Representative prior to the start of any such meeting. 12.04 When the University is considering disciplining an employee, howeverthe University will meet with the employee and a Union Representative unless the employee waives their right to have a Union Representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the University will advise the employee of its decision to impose discipline or not. The Union will also be informed of the decision if a Union Representative was present at the meeting. If the University requires additional time to complete its investigation prior to making its decision, the Union will not unreasonably withhold agreement to extend the 10-day period referenced above. 12.05 Any discipline that neither two weeks’ notice nor two weeks’ pay shall may be required when imposed on an employee will subsequently be confirmed in writing to the employee and a copy will be sent to the Union. Should the employee wish to respond in writing to the discipline, their reply will also become part of their personnel file, and will be subject to 12.07 below. 12.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to the employee and the Union. 12.07 When making a disciplinary decision, the University will not consider any prior discipline after the employee has worked for 18 months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the request of PTO to employees giving proper notice of resignation or retirement an employee, all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from their personnel file. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 17.01 The Employer will give a copy of the reasons for discipline to the employee shall be discharged, suspended or otherwise subject to corrective action except for just causeand the Union. Ordinarily, corrective action A copy of the employee’s discharge letter will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished sent to the employeeUnion office within forty-eight hours following discharge. (a) The Employer agrees that whenever an employee is to be interviewed regarding his work or conduct, a xxxxxxx will be present as a witness. An The employee shall have may request that the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. xxxxxxx leave the meeting. (b) In the event a Union Xxxxxxx xxxxxxx is not available an employeeavailable, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action this condition will be placed in an employee’s personnel file that brought to the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment attention of the employee. ProvidedThe action that becomes part of the employee’s record will then be postponed until the xxxxxxx is available. (c) The Employer agrees that discipline is intended to be constructive and corrective in nature, howeverrather than punitive. As such, the Employer agrees to apply the principle of progressive discipline. Notwithstanding the above, the parties agree there may be acts of misconduct or behavior that neither two weeks’ notice nor two weeks’ pay are serious in nature and may be subject to more serious disciplinary measures up to and including dismissal. 17.02 When an employee has a disciplinary letter on file which does not involve violence, abuse or harassment, and has been provided with a copy and where no related disciplinary documents have been filed for a period of eighteen (18) months such disciplinary letter shall be required when removed from the employee’s file. This will only apply to situations where employees are actively available for work throughout the eighteen (18) month period. The record of an employee shall not be used against the employee at any time after the eighteen (18) months following disciplinary action, including letters of reprimand, and provided the employee has kept his/her record clean during such period. Where an employee has a disciplinary letter on file which does involve violence, abuse or harassment, and has been discharged provided with a copy, and where no related disciplinary documents have been filed for just causethree (3) years, the employee may ask to have the letter removed. Payment This will only apply to situations where the employee(s) are actively available for work through the three (3) year period. The record of PTO to employees giving proper notice an employee shall not be used against the employee at any time after three (3) years following disciplinary action, including letters of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policyreprimand, and provided the employee has kept his/her record clean during such period. Section 3 If 17.03 Grievances related to discharge will normally begin at Step Two. 17.04 The Employer agrees that the employee fails to report will not be held responsible for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall cash shortages unless the employee has 100% control over the cash drawer that they are using. The only exception would be conclusively presumed to be a resignation from where there was clear evidence that the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordis responsible.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be dischargedExcept as otherwise provided with respect to probationary employees in Article 13 of this Agreement, suspended the Employer may discipline or otherwise subject to corrective action except discharge employees for just cause. OrdinarilyDuring any discussion or conferences with employees, corrective action the substance of which in whole or in part, may lead to disciplinary action, the employee may request that a Union xxxxxxx be present. The Employer agrees that such discussion or conferences will be issued within fourteen generally take place in a private meeting space (14) calendar days like a supervisor’s office or con- xxxxxxx room). If asked, the Employer agrees to inform the employee of the date purpose of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary actionmeeting. In the event that a Union Xxxxxxx xxxxxxx is requested and is not available an employeeimmedi- ately available, upon requestthe Employer will wait a reasonable period of time, shall be allowed to have another Union Member present who is not currently a Xxxxxxx but no later than one (1) regular business day at the Star Building or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during regular business days at the Federal Building or the Highlands, before proceeding with the discussion or in- terview. In emergency situations which time otherwise require immediate action, the Em- ployer may proceed with the discussion or conference without the presence of a Un- ion xxxxxxx. It is understood that any employee shall continue to work. An employee terminated by THE HOSPITAL who is suspended pending an investigation into an alleged wrongdoing shall be given two (2) weeks’ notice paid for the terms of termination, or THE HOSPITAL may, in lieu thereof, pay such investigatory suspension. The Employer shall notify the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse Union within twenty-four (24) hours thereofafter it notifies the employee that the employee will be placed on an investigatory suspension. The Employer shall investigate the allegations on a timely basis, such failure to report which generally shall not exceed five (5) business days. If an employee is on approved leave, the Employer shall wait until the employee returns to work to place the employee on an investiga- tory suspension. If all parties agree, during an investigatory meeting, interpretation may be per- formed by having a xxxxxxx (or another employee, if the employee being investi- gated, the xxxxxxx and the manager all agree) and a member of management staff participate who are both fluent in the language. If the parties cannot mutually agree, the Employer shall be conclusively presumed provide access to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that interpretation services if such employee can thereafter furnish THE HOSPITAL with reasonable proof it is determined that such employee could not report services are required for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordproper communication.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 9.01 If an employee who has acquired seniority believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Two of the grievance procedure within five (5) working days after notice has been given to the employee. Such grievances may be settled under the grievance or arbitration procedure by: (a) confirming the Company's dismissal or suspension; (b) reversing or reducing the employee's dismissal or suspension, with full or partial compensation for all lost time and benefits; or (c) any other arrangement which may be just and equitable. 9.02 If the employee is discharged, such discharge will take effect immediately upon notice of discharge. If the employee is given a disciplinary suspension, such suspension shall begin after no more than two working days from the notice of discipline. In these cases, the employee shall have the right to request a fifteen (15) minute interview with a Xxxxxxx, which request shall not be dischargedrefused unless, suspended in the Company’s opinion, the continued presence of the employee on Company premises poses a danger to the security of persons or otherwise subject property. 9.03 An employee has the right, if he so requests, to corrective action except be accompanied by a Xxxxxxx at any meeting at which the Company issues a disciplinary action. Where no Xxxxxxx is present in the plant and the employee has requested a Xxxxxxx, the Company will impose the discipline but arrange a meeting with the employee and xxxxxxx or Business Representative as soon as practicable thereafter. 9.04 If the Company suspends or discharges an employee, the Company will provide the reasons for just cause. Ordinarilythe suspension or discharge in writing unless it would be impracticable to do so in the circumstances, corrective action in which case the Company will provide the reasons for the suspension or discharge in writing by the end of the next working day. 9.05 Discipline shall not be issued within considered part of an employee’s disciplinary record fourteen (14) calendar days months after the delivery of the date discipline if the employee has not been the subject of any further discipline in the intervening period. A month in which an employee has not worked for 10 or more scheduled days for any reason shall not be counted in the calculation of the incident on fourteen (14) month period. 9.06 When the Company becomes aware of circumstances which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished may result in discipline to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, it shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that notify the employee was not made aware ofwhere practical within five working days of its intent to investigate the matter. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No ‌ (a) Employees shall be subject to discipline or discharge by the Employer for just and sufficient cause. An employee who is suspended or discharged shall be furnished the reason for the suspension or discharge in writing. (b) The Employer’s house rules shall be conspicuously posted and shall not be inconsistent with the provisions of this Agreement. The Employer agrees to notify the Union of major changes in Human Resources policies which affect bargaining unit employees and in the house rules prior to posting and/or implementation of such new Human Resources policies and/or new rules and to discuss such changes with the Union’s representatives prior to the application. In the event of a conflict between the Human Resources policies and/or house rules and the provisions of this Agreement, the Agreement shall prevail. (c) When the Employer believes there may be sufficient cause for discharge, the Employer may place an employee on suspension pending investigation without pay. Once the investigation is concluded, and the Employer finds that the employee should not have been suspended, the employee shall receive back pay for the days that the employee should not have been suspended. (d) When the Employer believes there is sufficient cause for discharge, any non- probationary employee shall be discharged, suspended or otherwise subject to corrective action except for just causeplaced on seven (7) calendar days suspension pending discharge. Ordinarily, corrective action will Any grievance on the discharge shall be issued filed within fourteen seven (147) calendar days of suspension. (e) The Employer recognizes the date right of an employee to request the incident on which presence of a Union representative if the action employee is basedto be called into a meeting to receive a written warning or to be suspended or discharged. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An If an employee shall have the right, upon request, exercises his/her right to have a Union Xxxxxxx present during any disciplinary actionrepresentative at such meeting, then the Employer will have a Human Resources Representative at the meeting. In If the event Employer intends at that meeting to issue a Union Xxxxxxx is not available an written warning or suspend or discharge the employee, upon requestthe Employer shall, shall be allowed prior to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file taking such action, notify the employee so that the employee was not made aware ofmay exercise the right to have Union representation. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 23.1 (1990) An employee shall not be discharged, suspended disciplined or otherwise subject to corrective action discharged until the charges against him/her have been investigated. An employee shall not be disciplined or discharged except for just cause. Ordinarily, corrective action will . 23.2 An employee may be issued within fourteen held out of service for investigation for a period not exceeding three (143) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension days. 23.3 (2011) An employee subject to discipline or discharge shall have a fair and impartial hearing prior to any discipline or discharge being imposed or decided upon. The hearing shall be furnished held within ten (10) days after the Company becomes aware of the alleged offence. Any witnesses requested to attend such hearing shall not be penalized by loss of pay. The hearing will be held during regular business hours. The Company shall render its decision in writing within five (5) days of such hearing. Any resulting disciplinary action will take effect immediately. Either party may request an extension of the employeeabove time limits for a maximum of five (5) days and such extensions will not be unreasonably withheld. An It is understood that all of the time limits included in this Article are exclusive of weekends and statutory holidays. 23.4 (2011) At any hearing the employee shall must have the right, upon request, to have a Union Chief Shop Xxxxxxx present during any disciplinary actionpresent. In the event a Union the Chief Shop Xxxxxxx is not available and the Company cannot reasonably reschedule the formal meeting, then the employee may have an employeeavailable unionized member of his/her choice as a witness present at said meeting. Prior to using a witness the Company shall contact the Chief Shop Xxxxxxx to see if alternative arrangements can be made to have a Xxxxxxx attend the meeting. When such meetings happen with a witness, upon requestthe parties shall provide each other with written notes from such hearing. 23.5 (2011) If the matter is not settled to the satisfaction of the employee and the Hotel Director, Human Resources, Step No. 3 of the Grievance Procedure may be invoked. 23.6 (2005) On request the National or Local representatives and the Chief Shop Xxxxxxx shall be allowed to have another Union Member present who is not currently shown all the evidence of a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofcase. Section 2 Employees covered by this Agreement electing to resign 23.7 If the final decision decrees that charges against an employee were not sustained the record shall be cleared of such charges; if suspended or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time dismissed the employee shall continue be returned to workhis/her former position. An employee terminated by THE HOSPITAL A decision shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will also be made consistent with THE HOSPITAL’s PTO policyas to the amount of remuneration for time lost. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCIPLINE AND DISCHARGE. Section 1 No ‌ 11.01 An employee who has completed her probationary period shall not be dischargedreprimanded in writing, suspended suspended, discharged or otherwise subject to corrective action except for disciplined without just cause. OrdinarilySuch an employee who is disciplined shall be sent a letter confirming the discipline with the reasons for the discipline within four (4) days after the discipline is imposed, corrective action will which letter shall be issued within fourteen (14) calendar days forwarded to the Business Manager of UWOSA. 11.02 UWO may discharge a probationary employee for any reason unless the date discharge is shown to have been made in bad faith or in violation of the incident on which the action is basedArticle 4. Copies of all A probationary employee who receives a written warnings and notices of warning, a suspension or discharge shall be furnished sent a letter confirming the action within four (4) days of the event. A copy of the letter shall be forwarded to the Business Manager of UWOSA. 11.03 Any disciplinary record(s) which are more than two (2) years old shall not be relied upon by UWO in taking disciplinary action and shall be removed from the personnel files provided that no further disciplinary action of any nature has occurred during the two year period. 11.04 No employee shall be required as part of their job to discipline another employee. However, an employee may be required as part of their job to monitor the job performance of other employees. 11.05 An employee who is being reprimanded in writing, suspended or discharged shall have the rightbe entitled, upon requestat her option, to have a Union Xxxxxxx UWOSA representative present at the time the disciplinary action is imposed. Employees shall be notified of this right before any meeting when the discipline is imposed. 11.06 An employee may be accompanied by a UWOSA representative during any disciplinary actionmeeting in which discipline is being investigated or discussed. In the event a Union Xxxxxxx is not available an employee, upon request, Employees shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofnotified of this right before any such meeting. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1: Upon substantiation of an allegation or complaint of misconduct from within the department or from outside the department which may result in disciplinary action against an employee, but in no case more than fourteen (14) calendar days after the receipt of an allegation or complaint, a supervisor shall inform the employee of the nature of the accusation and the identity of the complainant(s). The supervisor or employee will notify the employee's xxxxxxx that a complaint has been made against the employee, and the name(s) of the complainant(s). The employee shall, at the time of notification, if he/she so desires, have the right to consult privately with his/her xxxxxxx and to have the xxxxxxx present during any discussions occurring between the employee and his/her supervisor regarding the allegation or complaint of misconduct. The employee shall respond to the complaint or allegation verbally at the time of notification if ordered to do so by the supervisor. If the employee is unable to reply accurately, he/she will have the opportunity to review the appropriate written records before responding. Proceedings shall not be electronically recorded by either party. Responses involving possible criminal conduct may only be used to resolve internal Police Department misconduct complaints and may not be used in any criminal court proceedings against the employee. Section 2: The supervisor, after notifying the employee of the complaint or allegation in accordance with Section 1 No above, shall, as soon as possible, reduce the allegations or complaint to writing and cause it to be presented to the employee within fourteen (14) working days or if the employee was relieved of duty in accordance with Section 4 of this Article, the supervisor shall give positive notification of the allegations to the employee not later than the conclusion of the next day. The employee shall have until his/her next working day after receipt of the written allegations to reply. If the employee's reply is unclear to the supervisor, the reply shall be dischargedreturned to the employee for clarification. The employee shall have until his/her next working day to submit a clarification. The investigation shall be conducted with all possible haste and, suspended or otherwise subject to corrective action except for just cause. Ordinarilycomplicated matters, corrective action will shall be issued concluded within fourteen (14) calendar days of from the date the employee answers the allegation. If the investigation is to take longer than fourteen (14) days, the supervisor will notify the employee and tell him/her why it is being delayed. (a) Exceptions to the notification procedure outlined in Section 1 and 2 may be made when the complaint or accusation is of a serious criminal nature and to notify the incident on which employee would hinder the action is basedinvestigation. Copies of all written warnings and notices of suspension or discharge Notification shall be furnished delayed no longer than is absolutely necessary to complete the investigation. Section 3: The investigating supervisor shall, upon completion of his/her investigation, make a recommendation to the employee's Division Commander as to his/her findings and suggested discipline if any. An employee The investigating supervisor shall not base his/her recommendations upon infractions which have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within occurred more than twenty-four (24) hours thereofmonths prior to the occurrence under investigation. The Division Commander will make appropriate Section 4: In severe cases where it is necessary for the Employer to relieve the employee of duty, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break informed of the reason for the relief from duty. The employee will be allowed the opportunity to discuss the relief from duty with a Xxxxxxx before being required to leave the premises. In the event an employee is relieved from duty, his/her salary and other benefits shall be continued during this period. Section 5: The forms of discipline shall be limited to the following: (a) WRITTEN WARNING: A form of progressive discipline whereby an employee is notified, in writing, that his/her conduct is unsatisfactory in that it does not measure up to the minimal acceptable work level or conduct of the department. When a written reprimand is issued to an employee, he/she shall signify his/her receipt of said reprimand by signing same and he/she shall be furnished a copy of the reprimand and the original shall be placed in the service recordemployee's personnel file. If the employee wishes to record his/her position regarding the action, he/she shall have the right to note his/her position and attach a memo to the warning, setting forth said position. (b) REASSIGNMENT: Reassignment is an involuntary assignment and may include changes in working hours, pay, days off, and types of work performed. However, said work reassignment shall not be of a nature not normally performed by an employee of the reassigned employee's rank. The reassignment must be within the department. If the reassignment is for a designated period, the employee will return to their original assignment at the end of that period. The employee shall receive full benefits and salary of the position to which he/she has been reassigned for an employee of his/her seniority level.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall (1) The Union further recognizes that the power of discipline is vested exclusively in Employer. Employer agrees that discharge will be discharged, suspended or otherwise subject to corrective action except for just cause. OrdinarilyWhere disciplinary action is contemplated, corrective the following procedure shall be adhered to: (a) In the event disciplinary action is to be taken against an employee, which may result in suspension or discharge, the employee involved will be given a Disciplinary Report Form (MW-20) which will have the complaint listed by his/her Supervisor, and the employee's statement, which he/she may sign, the employee keeping one copy of said form. Final action will be issued within fourteen (14) calendar days withheld until such time as the Union office has been notified in writing, with a copy of the date Form MW-20 attached, and given an opportunity to determine whether or not it desires that a hearing be held for such employee. Employer shall notify employee, on working status, of any disciplinary action contemplated within ten (10) days from the day of the incident on which alleged violation or the action is based. Copies of all written warnings and notices of suspension or discharge date such violation becomes known to the employer. (b) It shall be furnished incumbent upon Employer to serve this written notice to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL office within two (2) weeks written notice during which time days (excluding Saturdays, Sundays and Holidays) after the employee shall continue to work. An employee terminated by THE HOSPITAL has been interviewed on the infraction which causes the need for contemplated discipline. (c) It shall be given incumbent upon the Union to notify Employer's representative, in writing, within two (2) weeks’ days (excluding Saturdays, Sundays and Holidays) from receipt of the notice by the Union, that a hearing will be requested. These hearings will be held with the Supervisory Officials involved, within five (5) days (exclusive of terminationSaturdays, lays and Holidays) of the receipt of such notification. (d) If the violation involves the infraction of Employer's Rules or THE HOSPITAL mayRegulations or derelictions of duty wherein discharge is not contemplated, an employee to be so disciplined is to continue in lieu thereofservice pending the hearing. (e) If the incident is one of a more serious nature, pay which may result in the employee two (2) weeks advance salary and immediately terminate the employment discharge of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged may be withheld from active service pending a hearing and final action, payment or non- payment for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed lost time to be a resignation part of the final determination. (f) Director of Labor Relations Office, or his/her designated representative, shall hear appeals from disciplinary action by Supervisory Officials and such individual shall have the authority to render an independent decision. Written reasons for disciplinary actions will be given by the person conducting the appeal hearing. (g) It is understood that the provisions of this Article shall be in accordance with the provisions of Article (22) for the disposition of grievances. (h) It is specifically understood that the next step from the service decision of THE HOSPITAL and terminate Employer's designated representative as provided for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL in paragraph (f) herein is submittal to arbitration in accordance with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL the provision of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordArticle (22).

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 17.01 The Employer will give a copy of the reasons for discipline to the employee shall be discharged, suspended or otherwise subject to corrective action except for just causeand the Union. Ordinarily, corrective action A copy of the employee’s discharge letter will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished sent to the employeeUnion office within forty-eight hours following discharge. (a) The Employer agrees that whenever an employee is to be interviewed regarding his work or conduct, a xxxxxxx will be present as a witness. An The employee shall have may request that the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. xxxxxxx leave the meeting. (b) In the event a Union Xxxxxxx xxxxxxx is not available an employeeavailable, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action this condition will be placed in an employee’s personnel file that brought to the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment attention of the employee. ProvidedThe action that becomes part of the employee’s record will then be postponed until the xxxxxxx is available. (c) The Employer agrees that discipline is intended to be constructive and corrective in nature, howeverrather than punitive. As such, the Employer agrees to apply the principle of progressive discipline. Notwithstanding the above, the parties agree there may be acts of misconduct or behavior that neither two weeks’ notice nor two weeks’ pay are serious in nature and may be subject to more serious disciplinary measures up to and including dismissal. 17.02 When an employee has a disciplinary letter on file which does not involve violence, abuse or harassment, and has been provided with a copy and where no related disciplinary documents have been filed for a period of eighteen (18) months such disciplinary letter shall be required when removed from the employee’s file. This will only apply to situations where employees are actively available for work throughout the eighteen (18) month period. The record of an employee shall not be used against the employee at any time after the eighteen (18) months following disciplinary action, including letters of reprimand, and provided the employee has kept their record clean during such period. Where an employee has a disciplinary letter on file which does involve violence, abuse or harassment, and has been discharged provided with a copy, and where no related disciplinary documents have been filed for just causethree (3) years, the employee may ask to have the letter removed. Payment This will only apply to situations where the employee(s) are actively available for work through the three (3) year period. The record of PTO to employees giving proper notice an employee shall not be used against the employee at any time after three (3) years following disciplinary action, including letters of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policyreprimand, and provided the employee has kept their record clean during such period. Section 3 If 17.03 Grievances related to discharge will normally begin at Step Two. 17.04 The Employer agrees that the employee fails to report will not be held responsible for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall cash shortages unless the employee has 100% control over the cash drawer that they are using. The only exception would be conclusively presumed to be a resignation from where there was clear evidence that the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service recordis responsible.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No ‌ 10.01 Subject to the provisions set up below, a claim by an employee, who has successfully completed their probationary period, that has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as provided for in the grievance and arbitration procedure herein. 10.02 An 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 dischargedaccompanied by a xxxxxxx of their choice who shall be advised in advance by management of the time and place of the meeting. It is the responsibility of management to ensure that a xxxxxxx is present at these meetings, suspended if no xxxxxxx is available the senior employee will replace the xxxxxxx and failure to do so will render any discipline null and void. But this must not interfere with regular conduct of business. Should any reprimand, warning or otherwise subject to corrective action except for just cause. Ordinarilydisciplinary measure be issued, corrective action will be issued the employee in question shall receive the measure and a copy of such reprimand, warning or disciplinary measure within fourteen seven (147) calendar days of the date discovery of the incident alleged offence, except that an extension of time may be requested in order to complete an investigation, which request will not be unreasonably denied. 10.03 A claim by an employee on which the seniority list that they have been unjustly discharged from their employment shall be treated as a grievance if a written statement is lodged with the Personnel Management within seven (7) calendar days after the employee ceases to work for the Company. Further action is basedon this matter will commence at Step No. Copies 2 of all the Grievance Procedure. 10.04 Employees shall be notified in writing of the grounds for suspension or discharge. The Vice-Chairman and xxxxxxx shall receive copies within one (1) working day of the action. 10.05 The Company shall provide the employee, the Vice-Chairman and the xxxxxxx with copies of any written warnings and notices of suspension or discharge shall be furnished to affecting the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered Any reply by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to workbecome part of their record. An employee terminated by THE HOSPITAL It is understood that upon an employee's request, they shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay granted the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO opportunity to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service personally review their disciplinary record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee A. The Employer shall be discharged, suspended discipline or otherwise subject to corrective action except discharge employees only for just causecauses. Ordinarily, corrective action will be issued The employer shall issue a disciplinary notice within fourteen seven (147) calendar days of the date offense or the employer's knowledge of the incident on which offense. The employer shall notify the action is based. Copies Union of all written warnings disciplinary actions, and notices the reasons therefore at the time of suspension notification of the employee or as soon thereafter as practicable. B. The first thirty-five (35) working days of employment shall serve as a probationary period, during which time no cause for discharge shall needs to be furnished shown and no recourse may be had to the employee. grievance and arbitration provisions of this Agreement. C. An employee shall have the right, upon request, right to have a shop xxxxxxx present at any meeting where disciplinary action might be imposed or at any investigatory meeting which may lead to discipline. The supervisor will advise the employee of this right, and will, at the employee’s request, contact the xxxxxxx (or Union Xxxxxxx representative) to be present during at any disciplinary actionsuch meeting. In If the event a xxxxxxx or Union Xxxxxxx representative is not available an employeeavailable, upon request, the employee may choose a representative of his/her choice. Such representative will be on the same shift and from the same company. D. Disciplinary notices shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an removed from the employee’s personnel file that six (6) months from the employee was not made aware of. Section 2 Employees covered by this Agreement electing date of issuance and returned to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. ProvidedAny employee shall have the right to inspect his/her personnel file, howeverupon request to the project manager, who will establish a mutually agreeable time for the employee to inspect his/her file. E. The employer shall have the right to implement reasonable work rules. The employer agrees to meet with the union to discuss any changes in work rules and implementation. F. When an employee is suspended with no prior disciplinary action due to the severity of the infraction, then the employee may be placed on a ninety (90) day probation for that neither two weeks’ notice nor two weeks’ pay infraction only. G. The Employer shall not discipline employees for absences caused by a hardship where the employee’s absence was due to verifiable circumstances beyond the employee's control. Absences in this category shall be limited to not more than (4) occurrences in a year. If available, Employees will be required when to use paid vacation days for such absences. If such paid time is not available, the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policymay still use these days as described. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee A. The employer shall be discharged, suspended discipline or otherwise subject to corrective action except discharge employees only for just causecauses. Ordinarily, corrective action will be issued The employer shall· issue a disciplinary notice within fourteen seven (147) calendar working days of the date offense or the employer's knowledge of the incident on which offense. The employer shall notify the action is based. Copies Union of all written warnings disciplinary actions, and notices the reasons therefore at the time of suspension notification of the employee or as soon thereafter as practicable. B. The first thirty-five (35) working days of employment shall serve as a probationary period, during which time no cause for discharge shall needs to be furnished to the employee. shown. C. An employee shall have the right, upon request, right to have a shop xxxxxxx present at any meeting where disciplinary action might be imposed or at any investigatory meeting which may lead to discipline. The supervisor will advise the employee of this right, and will, at the employee's request, contact the xxxxxxx (or Union Xxxxxxx representative) to be present during at any disciplinary actionsuch meeting. In If the event a xxxxxxx or Union Xxxxxxx representative is not available an employeeavailable, upon request, the employee may choose a representative of his/her choice. Such representative will be on the same shift and from the same company. D. Disciplinary notices shall be allowed removed from the employee's file six (6) months from the date of issuance and returned to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. ProvidedAny employee shall have the right to inspect his/her personnel file, howeverupon request to the project manager, who will establish a mutually agreeable time for the employee to inspect his/her file. E. The employer shall have the right to implement reasonable work rules. The employer agrees to meet with the union to discuss any changes in work rules and implementation. F. When an employee is suspended with no prior disciplinary action due to the severity of the infraction, then the employee may be placed on a ninety (90) day probation for that neither two weeks’ notice nor two weeks’ pay infraction only. G. The Employer shall not discipline employees for absences caused by a hardship where the employee's absence was due to verifiable circumstances beyond the employee's control. Absences in this category shall be limited to not more than (4) occurrences in a year. If available, Employees will be required when to use paid PTO days for such absences. If such paid time is not available, the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policymay still use these days as described. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged9.01 Subject to Article 9.02, suspended the employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily, corrective action . 9.02 An employee will be issued within fourteen (14) calendar days of entitled to be accompanied by her Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives her right to have a Union representative present. The University will inform the employee of the right to be accompanied by her Xxxxxxx present during prior to the start of any disciplinary actionsuch meeting. In If the event employee refuses Union representation, she will sign a Union Xxxxxxx waiver that indicates her decision to decline representation. 9.03 When the University is not available considering disciplining an employee, upon request, shall be allowed the University will meet with the employee and a Union representative unless the employee waives her or his right to have another a union representative present. The University will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within ten (10) working days of this meeting the University will advise the employee of its disciplinary decision. If the University requires additional time to complete its investigation prior to making its disciplinary decision, the Union Member present who is will not currently unreasonably withhold agreement to extend the ten (10) day period referenced above. 9.04 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware ofwish to respond in writing to the discipline, her reply will also become part of her personnel file. Section 2 Employees covered by this Agreement electing 9.05 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within three (3) working days, such reason(s) will be confirmed in writing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of terminationand the Union. 9.06 When making a disciplinary decision, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when University will not consider any prior discipline after the employee has worked for eighteen (18) months during which there has not been discharged for just causesubsequent discipline imposed. Payment At the written request of PTO to employees giving proper notice of resignation or retirement an employee, all such prior disciplinary records will be made consistent with THE HOSPITAL’s PTO policyremoved from her personnel file. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee 9.01 The Editor may discharge (1) for incompetence; (2) for neglect of duty; (3) for violation of office rules as long as these are kept conspicuously posted and in no way abridge the civil rights of employees. If office rules are drawn up, they shall be discharged, suspended drawn up by the Editor in consultation with the Union. 9.02 Nothing in this clause shall release the Editor and the department head from the obligation to show just cause in the dismissal or otherwise subject to corrective action except reprimand of an employee for just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is basedspecific and stated reasons. Copies of all formal written warnings and notices of suspension or discharge discipline shall be furnished provided to the employeeUnion. 9.03 When the Editor contemplates dismissing a member of the Union he or she must first review the situation with the Company before the actual dismissal takes place. 9.04 When an employee is discharged for any reason he/she may demand, and the department head shall give in writing, the reason for discharge, provided such demand shall be made within seventy-two (72) hours after the employee is informed ofthe discharge 9.05 If the Editor feels that a dismissal or reprimand is in order, the employee concerned and a union representative shall be notified prior to the meeting. An A union representative may accompany the affected employee should the affected employee so wish. Any reasons given to the employee in writing shall have be specific enough as to the righttime and nature of the offence(s) to allow the employee to defend himself/herself. Copies of all formal written discipline shall be provided to the union. 9.06 Officers of the Union, upon request, to have a Union Xxxxxxx present during any disciplinary action. In in carrying out provisions of this agreement in accordance with the event a Union Xxxxxxx is not available an employee, upon requestinstructions of their Union, shall not be allowed subject to have another Union Member present who is not currently a Xxxxxxx fines or Union Officer. No corrective action will be placed in an employee’s personnel file that disabilities by the employee was not made aware ofCompany. Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 23.1 (1990) An employee shall not be discharged, suspended disciplined or otherwise subject to corrective action discharged until the charges against him/her have been investigated. An employee shall not be disciplined or discharged except for just cause. Ordinarily, corrective action will . 23.2 An employee may be issued within fourteen held out of service for investigation for a period not exceeding three (143) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension days. 23.3 (2011) An employee subject to discipline or discharge shall have a fair and impartial hearing prior to any discipline or discharge being imposed or decided upon. The hearing shall be furnished held within ten (10) days after the Company becomes aware of the alleged offence. Any witnesses requested to attend such hearing shall not be penalized by loss of pay. The hearing will be held during regular business hours. The Company shall render its decision in writing within five (5) days of such hearing. Any resulting disciplinary action will take effect immediately. Either party may request an extension of the employeeabove time limits for a maximum of five (5) days and such extensions will not be unreasonably withheld. An It is understood that all of the time limits included in this Article are exclusive of weekends and statutory holidays. 23.4 (2011) At any hearing the employee shall must have the right, upon request, to have a Union Chief Shop Xxxxxxx present during any disciplinary actionpresent. In the event a Union the Chief Shop Xxxxxxx is not available and the Company cannot reasonably reschedule the formal meeting, then the employee may have an employeeavailable unionized member of his/her choice as a witness present at said meeting. Prior to using a witness the Company shall contact the Chief Shop Xxxxxxx to see if alternative arrangements can be made to have a Xxxxxxx attend the meeting. When such meetings happen with a witness, upon requestthe parties shall provide each other with written notes from such hearing. 23.5 (2011) If the matter is not settled to the satisfaction of the employee and the Hotel Director, Talent & Culture, Step No. 3 of the Grievance Procedure may be invoked. 23.6 (2005) On request the National or Local representatives and the Chief Shop Xxxxxxx shall be allowed to have another Union Member present who is not currently shown all the evidence of a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofcase. Section 2 Employees covered by this Agreement electing to resign 23.7 If the final decision decrees that charges against an employee were not sustained the record shall be cleared of such charges; if suspended or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time dismissed the employee shall continue be returned to workhis/her former position. An employee terminated by THE HOSPITAL A decision shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will also be made consistent with THE HOSPITAL’s PTO policyas to the amount of remuneration for time lost. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged11.01 Subject to Article 11.02, suspended the Employer agrees that it will not suspend, discharge, or otherwise subject to corrective action except for discipline an employee without just cause. Ordinarily. 11.02 A probationary employee may be disciplined, corrective action including suspension or discharge, at any time during the probationary period; the probationary employee will not have recourse to the Grievance and Arbitration procedure regarding the discipline unless the disciplinary decision was contrary to Article 4.02. 11.03 At her/his request an employee will be issued within fourteen (14) calendar days of entitled to be accompanied by her/his Xxxxxxx at any disciplinary meeting, including at a meeting that may result in discipline related to poor performance, unless the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, waives her/his right to have a Union Representative present. The Employer will inform the employee of the right to be accompanied by her/his Xxxxxxx present during prior to the start of any disciplinary action. In such meeting. 11.04 When the event Employer is considering disciplining an employee the Employer will meet with the employee and a Union Xxxxxxx is not available an employee, upon request, shall be allowed Representative unless the employee waives his or her right to have another a Union Member present who is Representative present. The Employer will advise the employee of the reason(s) for the meeting and will provide the employee with an opportunity to respond. Within 10 business days of this meeting the Employer will advise the employee of its disciplinary decision. If the Employer requires additional time to complete its investigation prior to making its disciplinary decision, the Union will not currently unreasonably withhold agreement to extend the 10-day period referenced above. 11.05 Any discipline that may be imposed on an employee will subsequently be confirmed in writing to the employee and a Xxxxxxx or Union Officer. No corrective action copy will be placed in an employee’s personnel file that sent to the Union. Should the employee was not made aware of. Section 2 Employees covered by this Agreement electing wish to resign or quit their employment respond in writing to the discipline, her/his reply will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL also become part of her/his absence because personnel file. 11.06 An employee who has been suspended or discharged will be given the reason(s) therefor immediately and, within 3 business days, such reason(s) will be confirmed in writing to the employee and the Union. 11.07 When making a disciplinary decision, the Employer will not consider any prior discipline after the employee has worked for 18 months during which there has not been subsequent discipline imposed. At the request of illness and unforeseen emergency or other justifiable reason, then an employee all such employee shall prior disciplinary records will be reinstated without any break in the service recordremoved from her/his personnel file.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No employee 13.01 The Employer shall have the right to adopt and put into effect rules and regulations not in conflict with this Agreement, collectively termed “Work Rules”. All employees shall be dischargedsubject to such rules and regulations and any violations may be considered just cause for disciplinary action or discharge. If rules are deemed unreasonable by the union, said issue may be resolved via the grievance procedure. The purpose of employee discipline is to advise the employee of the infraction in such a manner as to ensure that such behavior will not be repeated. Discipline shall be imposed for just cause only. Disciplinary actions shall be progressive in nature and for offenses not warranting harsher discipline or immediate termination discipline shall include the following: a. Oral Reprimand b. Written Reprimand c. Suspension d. Discharge Copies of disciplinary actions shall be given to the employee and forwarded to the Union. It is understood that Shop Stewards shall participate in discipline, unless the employee concerned declines representation. However, circumstances may preclude a Shop Xxxxxxx’x presence at disciplinary discussions, but if so a follow-up discussion may be scheduled at the employee’s request involving the shop xxxxxxx. In either case, discipline may be imposed. 13.02 Employees who have been suspended or otherwise subject to corrective action except for just cause. Ordinarilydischarged and who have completed their probationary periods, corrective action will be issued within fourteen (14) calendar days of may process a grievance through the date of the incident on which the action is basedgrievance procedure. Copies of all written warnings and notices of suspension or discharge letters shall be furnished forwarded to the employeelocal union office within ten (10) days by email (xxxxxxxxxx@xxxx000.xxx) or fax (000-000-0000). An Oral and written reprimands may be protested in writing by the employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action and such protests will be placed in an the employee’s personnel file that and may be used in the employee was not made aware of. Section 2 Employees covered by this Agreement electing to resign event of disciplinary time off or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time discharge of the employee shall continue to worksame or similar infraction. An employee terminated by THE HOSPITAL For purposes of progressive discipline, warnings and suspensions shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged active for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereofmonths, such failure to report to work except for safety related matters, which shall be conclusively presumed active for thirty-six (36) months. 13.03 If the Employer has reason to be a resignation from the service of THE HOSPITAL and terminate for such reprimand an employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee it shall be reinstated without any break in the service record.done within ten

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 ‌ 22.1 No employee shall be dischargeddisciplined or discharged without just cause which may include but not be limited to acts of violence, suspended theft, excessive absenteeism/tardiness, violation of rules/regulations, documented poor job performance and insubordination. 22.2 An employee will be offered a Xxxxxxx at any discussion or otherwise meeting with the Company, where there is a reasonable belief that the Employee will be subject to corrective action except discipline. An Employee may select a Xxxxxxx of his/her choice from the same shift, as long as the Xxxxxxx is scheduled for just causeand present at work and there will not be a significant disruption to the business. OrdinarilyExamples of “significant disruption to the business” may mean delaying until the completion of a time bound work assignment, corrective action or completion of a task that may impact work in other areas. If a Xxxxxxx is not available, an employee may select an alternate xxxxxxx to be present during the meeting. If an alternate xxxxxxx is not available, an employee may select a senior employee to be present during the meeting. Upon request from the Plant Chair, written statements from hourly Employees will be issued within fourteen (14) calendar days provided to the Plant Chair before the third step meeting. The union will also provide any additional written statements to the Company at the third step meeting. It is understood that all documentation will be handled with strict confidentiality. 22.3 An employee who is suspended may file a grievance at Step 2 of the date of the incident on which the action grievance procedure within five (5) days after such suspension is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employeeserved. An employee who is discharged may file a grievance at Step 3 of the grievance procedure within five (5) days of such discharge. An employee, who is discharged, shall have the right, upon request, an opportunity to have consult a Union Xxxxxxx present during any disciplinary action. In prior to leaving the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed workplace. 22.4 The oldest written warning/suspension in an employee’s personnel file that shall be removed from the active progressive discipline process if the employee was completes nine (9) months of warning free employment. The oldest verbal warning in an employee’s file shall be removed from the active progressive discipline process if the employee completes six (6) months of warning free employment. For Clarity letters of Confirmation shall not made aware ofform part of an Employee’s progressive discipline process. Section 2 Employees covered by this Agreement electing 22.5 Before any Union Official is suspended, the Company will make a reasonable attempt to resign or quit their employment inform the Regional Representative. The Company will give THE HOSPITAL two (2) weeks written notice also make a reasonable attempt to ensure the Regional Representative is present during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice termination of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policya Union Official. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No 13.01 In all cases of discipline, the following steps will apply, except in cases of serious employee misconduct: 1st Verbal between non-union supervisor, employee and xxxxxxx 2nd Written letter of reprimand to employee with copy to Union 3rd One (1) day suspension 4th Suspension – One (1) to Five (5) Days, at discretion of management 5th Termination Whenever the Corporation deems it necessary to censure an employee in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) days thereafter give written particulars of such censure to the Secretary of the Union and the Unit Chairperson, with a copy to the employee involved. 13.01 (a) Notwithstanding the provisions of Article 13.01 any employee found guilty by a court having jurisdiction of any theft from the Corporation or criminal or fraudulent act, shall be dischargeddischarged without the benefit and regard to the procedures stated in Section 13.01 and such employee discharged shall have no redress under the provisions of this contract. Employees who have not completed their probation, suspended or otherwise subject to corrective action except are excluded from the provisions of the application of Article 13.01. 13.02 When an employee who has completed their probationary period is discharged for just cause, they shall be given the reason in the presence of their Xxxxxxx. Ordinarily, corrective action will Such employee and the Union shall be issued advised promptly in writing by the Corporation of the reason for such discharge. 13.03 A grievance claiming unjust discharge or suspension shall be submitted in writing to the CAO or their designate within fourteen five (145) calendar days of the date that the Union and the Xxxxxxx have been notified in writing of such discharge or suspension and it shall commence at Step 3 of the incident on which the action is based. Copies of all grievance procedure. 13.04 Any oral or written warnings and notices of suspension or discharge disciplinary warning shall be furnished to the employee. An employee shall have the right, upon request, to have a Union Xxxxxxx present during any disciplinary action. In the event a Union Xxxxxxx is not available removed from an employee, upon request, shall be allowed to 's record after a period of eighteen (18) months in which they have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware ofreceived any further disciplinary action(s). Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1 No { XE "DISCIPLINE AND 4 9.1 Whenever the Village determines that disciplinary 5 action, other than an oral and/or written reprimand, may be 6 warranted against an employee, it shall provide the affected 7 employee shall be discharged, suspended or otherwise subject a written statement notifying the employee of proposed 8 disciplinary action together with sufficient facts and reasons 9 therefore as will enable the employee to corrective action except for just causemake an explanation 10 and/or defense to such proposed discipline. Ordinarily, corrective action The employee will be issued 11 allowed a minimum of seventy twotwenty-four (7224) hours within fourteen 12 which to respond, either orally and/or in writing, to the Village 13 Manager or his/her designee. The employee may be accompanied by a 14 representative of his/her choice. The Village Manager or his/her 15 designee will make his/her decision, in writing, within ten (1410) 16 calendar days of after the date of employee has responded, or from the incident on which the action time 17 his/her response is baseddue, if none is made. Copies of all written warnings and notices of suspension or discharge shall A copy will be furnished provided 18 to the employee. An employee However, nothing herein shall have preclude the right19 Village from imposing immediate disciplinary action, upon requestwithout 20 advance notice, where the Village believes that giving such notice 21 would result in injury to the employee, a fellow employee, to have a Union Xxxxxxx present during any disciplinary actionthe 22 Village or its property, or the general public. In such 23 circumstances, the event a Union Xxxxxxx is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a Xxxxxxx or Union Officer. No corrective action employee will be placed given reasons for the 24 disciplinary action after it takes effect and will thereafter be 25 entitled to utilize the grievance/arbitration procedure contained 1 in an employee’s personnel file that Article 25. If the employee was not made aware ofis eventually vindicated, all lost 2 back pay and benefits will be restored. Section 2 Employees covered 3 9.2 If an employee is indicted or has an Information filed 4 against him/her by this Agreement electing the State Attorney's Office, the Police Chief 5 may, in his/her discretion, suspend the employee without pay. If 6 the charges are dropped or if the employee is acquitted, all lost 7 back pay and benefits will restored. 8 9.3 In cases where the Village chooses to resign relieve an 9 employee from duty pending an investigation or quit their employment other 10 administrative action, the employee will give THE HOSPITAL continue to receive full 11 salary and benefits during the period he/she is relieved of duty. 12 9.4 This Article applies to probationary employees, except 13 in discharge cases. 14 9.5 In cases where disciplinary action results in up to a 15 one (1) day suspension and the employee received a written 16 reprimand within the previous two (2) weeks written notice during which years for the same or a 17 similar incident, the suspension time may be deducted from the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of 18 employee’s accrued leave time at the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policyoption. Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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