DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges. 26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation. 26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate. 26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him. 26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges. 26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision. 26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority. 26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action. 26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm. 26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered 18.1 Unless otherwise warranted by this Agreement will not circumstances, discipline shall follow the principles of progressive discipline, beginning with oral reprimand and proceeding to written reprimand, suspension, and discharge. Alternate forms of discipline may be used when deemed more appropriate. No employee who has completed the initial probation shall be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated .
a. Any disciplinary meeting shall be documented in writing and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he such documentation will be allowed up presented to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days either at the time of the knowledge of meeting, or as a follow-up communication within ten (10) working days from the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which initial meeting. This written document will clarify to the employee concerned is entitled to be present the Agency’s expectations of their performance and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether . This documentation shall also be sent to the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, Union within three fourteen (314) calendar days of the hearingemployee’s receipt of documentation required under this Article.
b. The Agency’s expectations of the employee’s performance, notify corrective actions needing to be addressed, types of support to be provided to the charged employee, will be given to the employee as a written document within a reasonable timeframe. In addition, management and his Local Chairpersonthe employee will agree on a specified timeframe to review progress made.
18.2 Employees will be notified of a complaint received against them within one (1) week of the receipt if an investigation will be conducted, unless to do so would compromise the investigation.
18.3 If LCOG determines that there is just cause for discharge, demotion, or suspension, then at least seven(7) calendar days prior to the effective date of the discipline, LCOG shall provide the employee with a written due process notice which includes the charges or allegations investigated, the disciplinary action being considered, the grounds for such action, and notice of the employee’s right to respond either orally or in writing to the person taking the action prior to the effective date.
18.4 Upon the request of the employee, the employee shall be entitled to have Union representatives present during interviews and at any pre-disciplinary meeting. Additionally, up to one Xxxxxxx trainee may also attend such meeting. The Xxxxxxx trainee shall not take notes nor in any subsequent meeting, arbitration or process may the trainee attest to the content or substance of the meeting, whether orally or in writing. Only one Union Xxxxxxx or Xxxxxxx trainee shall be in paid time in such meetings. This opportunity for representation shall not unduly delay such interviews or meetings. This Section shall not apply to any interview or meeting with an employee in the normal course of work, of the decisioncounseling, coaching instruction, evaluation, or other routine contact with a manager. Such communications are not discipline and are not grievable.
26.7 An 18.5 If LCOG determines it is necessary to place an employee who is exonerated of all charges against him on administrative leave during an investigation or to give LCOG time to decide upon its contemplated action, that administrative leave shall be paid for time lost while being held out with pay. Employees on administrative leave are nonetheless subject to the direction of service their manager during their regular work schedule; they must be available by phone or email at the start of their regular schedule and shall at the end of their regular schedule. Employees will be reinstated in his former position without loss of seniorityavailable to report to work upon the instruction to do so.
26.8 An employee's service record 18.6 LCOG shall be cleared of conduct all disciplinary and discharge actions noteswith discretion to ensure the employee’s dignity, letters privacy, and correspondence after eighteen (18) months of the most recent disciplinary actionconfidentiality.
26.9 Employees covered by this Agreement 18.7 Throughout the entire discipline and discharge process, employees shall not be subject have access to discipline or discharge for failing to cross any picket line where there is danger Union representation, including on the day of bodily harmtermination.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined The parties recognize the authority of the Employer to suspend, discharge or discharged except take other appropriate disciplinary action against employees for just cause. Such discipline The employee who alleges that such action was not based on just cause may appeal a suspension or discharge will apply after taken by the charges against them have been investigated and substantiatedEmployer beginning with Step 2 of the grievance procedure. If All other disciplinary action shall begin with Step 1 of the grievance procedure. Any disciplinary action or measure imposed upon an employee under may be processed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. (See Appendix K for discipline related to attendance) Written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) year provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and subject allegations of dependent adult abuse pursuant to discipline Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is required warranted, the Employer may:
1. Reassign the employee to submit a written report, he will be allowed another work assignment at their current rate of pay for up to twenty-four one (2421) hours to submit the reportcalendar days, or
2. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which Suspend the employee concerned from work for up to twenty- one (21) calendar days. If the employee is entitled to be present and to be represented by no more than suspended under number two (2) Union representatives. The above, the employee concerned shall be given in pay status at least their current rate of pay. If the investigation has not been completed within twenty-four one (2421) hours' advance notice calendar days, the Employer will provide the xxxxxxx who was involved in the investigation (if applicable) and the local Union President with a report regarding the status of the purpose investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, at the completion of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor mayinvestigation, under the direction of management give written reprimands but Employer decides that suspension or dismissal may only be imposed after discharge is warranted, the hearing Employer shall have the right to recover the pay provided during the period of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, suspension under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than number two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting above, consistent with the employee, and the information substantiates the possibility disciplinary action. The Union shall receive written notice of wrongdoing by the employee, he shall advise within five (5) days the any disciplinary action or measure imposed upon an employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) working days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decisiontime such action is taken.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not 2 A. No employee shall be disciplined without cause and compliance with 3 applicable provisions of this Contract. Discharge for incidents of misconduct 4 or discharged except for just causeneglect of duty shall be subject to the progressive disciplinary procedure.
5 B. The Employer agrees that the principles of progressive discipline shall apply 6 to all incidents disciplinary actions. Each act of discipline shall be gauged by 7 the severity of the offense. Progressive discipline does not preclude 8 immediate disciplinary action in cases of serious and/or overt actions. Such discipline 9 suspensions may be upgraded to dismissal if a subsequent investigation 10 indicates such action is required.
11 C. Disciplinary actions shall be defined as warnings; reprimands (written or discharge will apply after 12 oral); suspensions (with or without pay); and discharge.
13 D. Prior to any disciplinary interviews the charges against them have employee shall be informed that this 14 is disciplinary in nature. All disciplinary interviews and reprimands shall be 15 made in private. For all disciplinary hearings or actions, an affected 16 employee may, if he/she deems it necessary request the presence of a 17 representative, and when such request is made, the hearing or action shall 18 not proceed until the employee has been investigated given a reasonable period of time to 19 secure representation.
20 E. Nothing contained herein shall prevent verbal communications between 21 administrators and substantiatedemployees without the presence of a representative. 22 Such contacts including commendation, questioning, suggesting, directing, 23 reminding, and correcting, shall be termed casual and shall not require the 24 presence of a representative. If an employee under investigation and subject believes such communication is 25 becoming disciplinary in nature, the employee has the right to discipline is required ask that a 26 Union representative be present.
27 F. Prior to submit a written reportthe suspension or discharge of an employee, he will be allowed up the employee shall 28 receive prior notice of the possible action, with such notice containing reason 29 or reasons for the action. Prior to twenty-four (24) hours to submit the report. Potential charges suspension or discharge, said employee 30 shall be laid or notice entitled to a hearing before the Superintendent, with Union 31 representation, for the purpose of investigation against an discussing the reasons and permitting the 32 employee to offer defense in his/her behalf.
33 G. An employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery given a copy of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor maywritten warning, under the direction of management give written reprimands but suspension reprimand, or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise 34 other disciplinary action entered on his/her personnel record within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) 35 working days of the hearingaction taken. Such documents shall be signed by the 36 employee, notify with such signature indicating acknowledgment that the charged 37 document has been placed in his or her personnel file. If the unit member 38 refuses to sign the material, then the union official shall sign and indicate 39 that the bargaining unit member refused to sign. Further, the employee and his Local Chairperson, in writing, 40 the Union President and/or Grievance Chairperson will receive a copy of the decision.
26.7 An employee who is exonerated any 1 suspension and/or discharge notice within five (5) working days of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.the
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 . An employee's supervisor Section Head shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union U representation.
26.3 . An employee's supervisor may, under the direction of management Section Head may give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President president or his delegate.
26.4 . A charged employee may be held out of service by his supervisor, under the direction of management, Section Head for a period not to exceed three (3) days, pending investigation by the Regional Vice-President president or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 . Charges referred to the Regional Vice-President president or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President president or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 . The Regional Vice-President president or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 . An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 . An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 . Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 . The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure re including arbitration.arbitration Representation Rights At any administrative inquiry, hearing or investigation conducted by a Board named by the Corporation into an operating irregularity as defined under this where the actions of an Employee may have had a bearing on the events or circumstances leading thereto, and the Employee is required to appear at the administrative inquiry, hearing or investigation being conducted into such irregularity, he or she may be accompanied by a Union representative of his or her choice. The unavailability of the Union Representative of choice will not delay the inquiry, hearing or investigation more than twenty four
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined 19.1 The Employer shall have the right to discharge, suspend or discharged except discipline any employee for just cause.
19.2 The Employer will notify the Union, Local President and Chief Xxxxxxx in writing of any discharge or suspension within forty-eight (48) hours from the time of discharge or suspension. Such At the time the employee is sent home for purposes of an investigatory suspension or notified about an investigatory suspension, the Employer will notify the employee of the reason for the investigatory suspension, unless there is a security or legal reason not to so inform the employee. If the Union desires to contest the discharge or suspension, it shall give written notice thereof to the Employer within seven (7) days of receipt of the notice. Failure of the Employer to provide notice shall not negate the termination, but only cause the Union’s time to respond to commence upon receipt of the notification.
19.3 All time limits herein specified shall be deemed exclusive of Saturdays, Sundays and Holidays.
19.4 The employee may request the presence of a Union representative at an investigatory meeting or other meetings likely to result in disciplinary action.
19.5 If the discipline or discharge will apply after the charges against them have been investigated and substantiated. If of an employee under investigation is related to a matter involving a patient or family member, and subject the patient and/or family member does not appear at the arbitration, the absence of such witnesses shall not be considered by the arbitrator.
19.6 A copy of the written disciplinary action or discharge will be provided to the employee at the time that the discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativesimplemented. The employee concerned disciplinary notice shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of her/his right to pursue a grievance under the charge or charges against himcollective bargaining agreement.
26.5 Charges referred to the Regional Vice-President or his delegate, 19.7 All notices of disciplinary action shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting reviewed with the employee, and who shall sign/initial same prior to placement in the information substantiates the possibility of wrongdoing personnel file. The employee’s signature/initial on a document shall not constitute an admission by the employee but shall signify the employee, he shall advise within five (5) days the employee ’s acknowledgement of receipt of the anticipated date document and understanding of the hearing Employer’s performance expectations.
19.8 Grievances filed in matters of discharges/terminations shall be filed directly to Step 2 of the chargesgrievance procedure.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not 1. Except for probationary employees, no employee shall be disciplined or discharged except for just cause. Accordingly, the Colleges shall:
a. Initiate discipline procedures within a reasonable time of being put on notice of the offense;
b. Apply discipline with a view toward uniformity and consistency;
c. Adhere to the principle of progressive discipline. However, the parties agree that every discipline matter must be judged on all surrounding circumstances and that the penalty imposed may vary depending on such circumstances. Some acts of misconduct may warrant a more serious penalty and lesser sanctions may not be appropriate. The order of progressive discipline shall be: oral reprimand, written reprimand, suspension with or without pay, and dismissal.
2. At any time during the probationary period, the Colleges may terminate employment. Such discipline termination is final and not subject to the grievance and arbitration provisions of this Agreement.
3. Prior to the end of the probationary period, the supervisor shall recommend to the President whether or discharge will apply after not the charges against them have been investigated and substantiatedemployee shall be retained beyond the probationary period.
4. If A staff member shall not be disciplined for acts, except those which constitute a crime, which the College became aware of more than one (1) year prior to the service of the notice of discipline, except for sexual harassment.
5. Whenever an employee under investigation and subject to discipline is required to submit give oral statements to his or her supervisor or manager, or a written reportcollege investigator, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled employer believes may lead to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges discipline against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and or whenever the information substantiates the possibility of wrongdoing by employee is called to a meeting where discipline is to be imposed on the employee, he or she shall advise within five (5) days be notified of his or her right to request the employee presence of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiatedunion representative, and, if soupon such request, the discipline union representative shall have the right to be imposedaccompany the employee to any such meeting. At an investigatory interview, or whether a college is free to insist on only being interested in hearing the charged employee is exoneratedemployee’s own account of the matter under investigation and remains in command of the time, place, and manner of the interview, with no duty to bargain with any union representative who attends the interview. In the event an employee is required to provide written statements which may lead to discipline against the employee, the employee shall be notified of his decision involves suspension or dismissalher right to consult with a union representative before providing the written statement.
6. Absent extenuating circumstances which prevent the Colleges from providing timely notice, he shallthe union shall be provided 24 hours advance notice of any such interview, within three (3) days including reasonable notice of the hearing, notify nature of the charged allegations of misconduct. The union representative may advise the employee and his Local Chairperson, in writing, of raise objections to the decisionextent necessary to protect the employee’s rights.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not (a) Except for the discharge of an Employee serving a probationary period, there shall be disciplined no discharge or discharged discipline except for just cause. Such discipline The Employer may discharge an Employee for just cause. An Employee so disciplined or discharge will apply after discharged shall have recourse to the charges against them have been investigated grievance and substantiatedarbitration procedures as provided for in this Collective Agreement. If an employee under investigation and subject to discipline is required to submit a written reportAn Employee discharged for just cause shall receive from the Employer, he will be allowed up to in writing, within twenty-four (24) hours to submit of discharge, the report. Potential charges reason(s) for the discharge and a copy of this letter shall be laid sent to the Union within five (5) calendar days.
(b) During a preliminary investigation or notice of investigation against during a discipline meeting, an employee Employee shall have the right to be made within thirty (30) days accompanied by a Labour Relations Officer or designate of the knowledge Union. The Employer shall advise the employee the nature of the alleged incident meeting and that they have the right to a Labour Relations Officer or designate of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents Union at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativessuch meetings. The employee concerned Employee shall be given at least twenty-four (24) hours' hours advance notice of such meetings. The twenty-four (24) notice period may be extended by mutual agreement by the purpose of the meeting and of his entitlement to Union representationParties.
26.3 An employee's supervisor may42.02 Subject to 42.01 (b), under unsatisfactory conduct and/or performance by an Employee which is not considered by the direction of management give written reprimands but Employer to be serious enough to warrant suspension or dismissal may only be imposed after the hearing of result in a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred written warning to the Regional Vice-President or his delegate, Employee. A copy of this letter shall be investigated by him, as soon as possible, at a hearing at which sent to the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days calendar days. The written warning shall state a definite period in which improvement or correction is expected and, at the employee conclusion of such time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the anticipated date results of the hearing review. The assignment of an improvement or correction period shall not act to restrict the chargesEmployer’s right to take further action during said period should the Employee’s performance so warrant.
26.6 The Regional Vice-President or his delegate 42.03 Subject to 42.01 (b), an Employee who has been suspended shall decide whether a charge referred to him is substantiated, and, if so, receive from the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local ChairpersonEmployer, in writing, the record of and the decisionreason(s) for suspension. A copy of this letter shall be sent to the Union within five (5) calendar days.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 42.04 An employee's service , who has been subject to disciplinary action, shall after two (2) years from the date the disciplinary measure was initiated, request in writing that their record shall be cleared of all that disciplinary actions notesaction. The Employer shall confirm in writing to the employee that such action has been effected.
42.05 Any written documents pertaining to disciplinary action or dismissal shall be removed from the Employee’s file when such disciplinary action or dismissal has been grieved and determined to be unjustified.
42.06 An Employee who is dismissed shall receive their termination entitlements at the time they leave in accordance with the Employment Standards Code.
(a) Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant discipline may result in a non-disciplinary letter to the Employee. A copy shall be provided to the Union within five (5) working days. In such cases, letters and correspondence after eighteen (18) months the letter shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the improvement or correction. The Employee shall be informed in writing of the most recent disciplinary actionresults of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
26.9 Employees covered by this Agreement (b) Where the Employee has not received further non-disciplinary letters or discipline for a period of two years following the improvement or correction period, the letter shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harmremoved from their record.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Section 1 Any employee who is to be disciplined by a layoff or discharge shall be advised by the Company that he may request and obtain the presence of the Grievance Representative or the xxxxxxx for his department to discuss the case with him before he is required to leave the plant.
Section 2 Any employee who is called to a Human Resources office or his Facilitator’s office for a disciplinary investigation, after he believes he has been sufficiently informed of the subject of the investigation shall be advised by the Company Human Resources representative conducting the investigation, or his Facilitator if he is conducting the investigation, that he may request and obtain the presence of the Grievance Representative or the xxxxxxx for his department during such investigation. If, as a result of such investigation, a grievance is filed by the employee, the grievance shall be submitted to the grievance procedure beginning at the second step of the grievance procedure. If a written complaint or memorandum of discipline is made in an active employee’s personnel file, a copy of such notation shall be submitted to the Grievance Representative and employee concerned.
Section 3 Employees covered by this Agreement with seniority will not be disciplined or discharged except for without just and sufficient cause. Such discipline The Company will notify the Union Office and Plant or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery Division Grievance Representative of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least discharge within twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may. A grievance regarding discharge for insufficient cause shall be made in writing, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation signed by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the discharged employee, and shall be delivered to the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee Human Resources Department of the anticipated date of Company at the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, 000xx Xxxxxx Plant within three (3) working days after the discharge or within three (3) working days after the Union Office and Grievance Representative have been given written notice of the hearingdischarge. Such grievance shall be a proper matter for the grievance procedure starting at the third step. Employees found to have been unjustifiably discharged, notify shall be reinstated to their jobs with full seniority, and unless otherwise agreed to between the charged employee Company and his Local Chairpersonthe Union, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for all time lost while being held out as a result of service and such discharge. Grievances with respect to discipline other than discharge shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months handled starting at the second step of the most recent disciplinary actiongrievance procedure.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will 22.1 A non-probationary employee shall not be disciplined or discharged except for without just and sufficient cause. Such In cases where rules call for a penalty less than immediate discharge and a written warning is not required, the discipline administered shall be commensurate with the seriousness of the violation. The Board shall not be obligated to re-employ any employee who had been laid off or discharge will apply after discharged during his/her probationary period.
22.2 When the charges Board is considering disciplinary action* against them have been investigated and substantiated. If an employee, the Chief Xxxxxxx shall be notified in advance, in writing, so that the employee under investigation and subject to may be represented at the time such discipline is required to submit a written reportinvoked. Within five (5) working days of an alleged infraction, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of notified in writing that disciplinary action is being considered and the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativesreasons therefore. The employee concerned foregoing time limit shall be given at least twenty-four (24) hours' advance notice waived, however, in those cases where the Board could not have been reasonably expected to know, in a timely fashion, that an infraction had taken place. Copies of such notification shall be provided to the purpose of the meeting and of his entitlement Chief Xxxxxxx. Should an employee choose to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation have representation by the Regional Vice-President or his delegate and Grievance Committee at the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee time discipline is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether said employee shall indicate such preference in writing and provide copies in advance to his/her immediate supervisor imposing said discipline and the charged Chief Xxxxxxx. Notwithstanding the provisions above, both parties recognize that cases of gross misconduct may require immediate and direct disciplinary action on the part of the supervisor at the time such offense takes place.
22.3 When imposing any discipline on a current charge, the Board will not take into account any prior infractions which occurred more than one (1) year prior thereto. In cases where the discipline imposed on an employee is exonerated. In taken to arbitration, however, the event his decision involves suspension or dismissal, he shall, within three (3) days parties agree that the work performance of said employee over the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after prior eighteen (18) months of month period may be introduced by the most recent disciplinary action.
26.9 Employees covered by this Agreement Board and shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harmthe arbitration process. *Disciplinary action shall be defined as written reprimand, suspension, demotion or, discharge.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered 20.01 The parties agree that, when reasonably possible, the Employer shall discuss job performance and conduct with the Employee(s) concerned, in order to inform and to permit correction, before disciplinary procedures are initiated. In such cases, the Employer shall meet with the Employee to review the problem. The Employee may be accompanied at this meeting by this Agreement will not a xxxxxxx or Union representative and the Employer may also be accompanied by a designated representative.
20.02 No Employee who has completed the Probationary Period shall be disciplined or discharged except for just cause. Such discipline or In cases of discharge will apply after and/or discipline, except in the charges case of Probationary Employees, the burden of proof of just cause shall rest with the Employer. Where an Employee alleges that he/she has been discharged in violation of Article 20.02, a grievance may be filed at Step Two of the grievance procedure.
20.03 When the Employer determines that it is necessary to take disciplinary action against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written reportEmployee, he the Employee will be allowed up notified in writing with a copy forwarded to the Union within ten (10) days of the Employer becoming aware of the incident giving rise to the discipline.
20.04 The Employee shall have the right to reply in writing to any letter of warning and/or disciplinary action and such reply shall become part of the Employee’s official personnel file. Letters of warning or notices of disciplinary action together with the Employee’s response, if any, shall be removed from the Employee’s official personnel file if no disciplinary action has been recorded within the subsequent eighteen (18) months or in cases of criminal conduct or harassment, within twenty-four (24) hours to submit the report. Potential charges months.
20.05 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievances and/or arbitration, no records of such proceeding or actions shall be laid placed in or notice remain in an Employee’s official personnel file.
20.06 Employees shall have the right to refuse to perform the work of investigation striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Employee for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing refusing to cross any a legal picket line where there is danger of bodily harmemployees at the University.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not (a) Except for the discharge of an Employee serving a probationary period, there shall be disciplined no discharge or discharged discipline except for just cause. Such discipline The Employer may discharge an Employee for just cause. An Employee so disciplined or discharge will apply after discharged shall have recourse to the charges against them have been investigated grievance and substantiatedarbitration procedures as provided for in this Collective Agreement. If an employee under investigation and subject to discipline is required to submit a written reportAn Employee discharged for just cause shall receive from the Employer, he will be allowed up to in writing, within twenty-four (24) hours to submit of discharge, the report. Potential charges reason(s) for the discharge and a copy of this letter shall be laid sent to the Union within five (5) calendar days.
(b) During a preliminary investigation or notice of investigation against during a discipline meeting, an employee Employee shall have the right to be made within thirty (30) days accompanied by a Labour Relations Officer or designate of the knowledge Union. The Employer shall advise the employee the nature of the alleged incident meeting and that they have the right to a Labour Relations Officer or designate of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents Union at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativessuch meetings. The employee concerned Employee shall be given at least twenty-four (24) hours' hours advance notice of such meetings. The twenty-four (24) notice period may be extended by mutual agreement by the purpose of the meeting and of his entitlement to Union representationParties.
26.3 An employee's supervisor may42.02 Subject to 42.01 (b), under unsatisfactory conduct and/or performance by an Employee which is not considered by the direction of management give written reprimands but Employer to be serious enough to warrant suspension or dismissal may only be imposed after the hearing of result in a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred written warning to the Regional Vice-President or his delegate, Employee. A copy of this letter shall be investigated by him, as soon as possible, at a hearing at which sent to the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days calendar days. The written warning shall state a definite period in which improvement or correction is expected and, at the employee conclusion of such time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the anticipated date results of the hearing review. The assignment of an improvement or correction period shall not act to restrict the chargesEmployer’s right to take further action during said period should the Employee’s performance so warrant.
26.6 The Regional Vice-President or his delegate 42.03 Subject to 42.01 (b), an Employee who has been suspended shall decide whether a charge referred to him is substantiated, and, if so, receive from the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local ChairpersonEmployer, in writing, the record of and the decisionreason(s) for suspension. A copy of this letter shall be sent to the Union within five (5) calendar days.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 42.04 An employee's service , who has been subject to disciplinary action, shall after two (2) years from the date the disciplinary measure was initiated, request in writing that their record shall be cleared of all that disciplinary actions notesaction. The Employer shall confirm in writing to the employee that such action has been effected.
42.05 Any written documents pertaining to disciplinary action or dismissal shall be removed from the Employee’s file when such disciplinary action or dismissal has been grieved and determined to be unjustified.
42.06 An Employee who is dismissed shall receive their termination entitlements at the time they leave in accordance with the Employment Standards Code.
42.07 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant discipline may result in a non-disciplinary letter to the Employee. A copy shall be provided to the Union within five (5) working days. In such cases, letters and correspondence after eighteen (18) months the letter shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the improvement or correction. The Employee shall be informed in writing of the most recent disciplinary actionresults of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
26.9 Employees covered by this Agreement 42.08 Where the Employee has not received further non-disciplinary letters or discipline for a period of two years following the improvement or correction period, the letter shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harmremoved from their record.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered
20.01 The parties agree that, when reasonably possible, the Employer shall discuss job performance and conduct with the Employee(s) concerned, in order to inform and to permit correction, before disciplinary procedures are initiated. In such cases, the Employer shall meet with the Employee to review the problem. The Employee may be accompanied at this meeting by this Agreement will not a xxxxxxx or Union representative and the Employer may also be accompanied by a designated representative.
20.02 No Employee who has completed the Probationary Period shall be disciplined or discharged except for just cause. Such discipline or In cases of discharge will apply after and/or discipline, except in the charges case of Probationary Employees, the burden of proof of just cause shall rest with the Employer.
20.03 Where an Employee alleges that he/she has been discharged in violation of Article 20.02, a grievance may be filed at Step Two of the grievance procedure.
20.04 When the Employer determines that it is necessary to take disciplinary action against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written reportEmployee, he the Employee will be allowed up notified in writing with a copy forwarded to the Union within ten (10) days of the Employer becoming aware of the incident giving rise to the discipline.
20.05 The Employee shall have the right to reply in writing to any letter of warning and/or disciplinary action and such reply shall become part of the Employee’s official personnel file. Letters of warning or notices of disciplinary action together with the Employee’s response, if any, shall be removed from the Employee’s official personnel file if no disciplinary action has been recorded within the subsequent eighteen (18) months or in cases of criminal conduct or harassment, within twenty-four (24) hours to submit the report. Potential charges months.
20.06 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievances and/or arbitration, no records of such proceeding or actions shall be laid placed in or notice remain in an Employee’s official personnel file.
20.07 Employees shall have the right to refuse to perform the work of investigation striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Employee for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing refusing to cross any a legal picket line where there is danger of bodily harmemployees at the University.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined 20.01 The Employer shall only discipline or discharged except discharge for just cause. Such Both parties recognize the value of progressive discipline.
20.02 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including dismissal. Unsatisfactory conduct and/or performance by an Employee, which is not considered by the Employer to be serious enough to warrant suspension or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit dismissal, may result in a written reportwarning to the Employee.
20.03 Upon request, he the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to resident(s), public or Employees that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion.
20.04 Where circumstances permit, the Employer shall schedule a formal investigation meeting or a disciplinary discussion with the Employee by giving reasonable advance notice, which shall not be allowed up to less than twenty-four (24) hours At such discussion the Employee may be accompanied by a representative of the Union.
(a) A written warning shall provide the specifics of the issue(s) that gave rise to submit the reportdisciplinary action, shall provide direction regarding work performance expectations and a timeline for improvement, as well as indicating that further discipline or dismissal may follow any similar or other infractions. Potential charges A copy of the written warning shall be laid or notice placed on the Employee's personnel file. A copy of investigation against an employee the written warning shall be made forwarded to the Union Representative.
(b) The action of suspension or dismissal shall be within thirty fifteen (3015) calendar days of the knowledge completion of the alleged incident or Employer’s investigation into the matter. When action involves a suspension, the notice shall specify the time period of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor suspension. In the event an Employee is suspended or dismissed, the Employer shall investigate incidents at a meeting at which provide written reasons for the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after to the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate Employee and the officer ordering the holding out of service must immediately advise the employee Union Representative forthwith and in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more any event not later than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) calendar days the employee of the anticipated action being taken.
20.06 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith.
20.07 The Employee will sign any written notice of discipline for the sole purpose of indicating that they are aware of the disciplinary notice. The absence of the Employees signature does not negate the discipline. Disciplinary letters cannot be added to an employee's file without their knowledge.
20.08 A claim by an Employee that they have been unjustly disciplined or discharged will be treated as an individual grievance, commencing at Step 2 of the grievance procedure, provided the Union, at the request of the Employee submits their written grievance, dated and signed within fifteen (15) calendar days after the date of the hearing of the chargesdiscipline.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred 20.09 An Employee who has been subjected to him is substantiateddisciplinary action may, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.eighteen
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor Section Head shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management Section Head may give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Section Head for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered 20.01 The parties agree that, when reasonably possible, the Employer shall discuss job performance and conduct with the Employee(s) concerned, in order to inform and to permit correction, before disciplinary procedures are initiated. In such cases, the Employer shall meet with the Employee to review the problem and shall advise the Employee of their right to have a xxxxxxx or Union representative present. The Employee may be accompanied at this meeting by this Agreement will not a xxxxxxx or Union representative, and the Employer may also be accompanied by a designated representative.
20.02 No Employee who has completed the Probationary Period shall be disciplined or discharged except for just cause. Such discipline or In cases of discharge will apply after and/or discipline, except in the charges against them case of Probationary Employees, the burden of proof of just cause shall rest with the Employer.
20.03 Where an Employee alleges that they have been investigated and substantiated. If discharged in violation of Article 20.02, a grievance may be filed at Step Two of the grievance procedure.
20.04 When the Employer determines that it is necessary to take disciplinary action against an employee under investigation and subject to discipline is required to submit a written reportEmployee, he the Employee will be allowed up notified in writing with a copy forwarded to the Union within ten (10) days of the Employer becoming aware of the incident giving rise to the discipline.
20.05 The Employee shall have the right to reply in writing to any letter of warning and/or disciplinary action and such reply shall become part of the Employee’s official personnel file. Letters of warning or notices of disciplinary action together with the Employee’s response, if any, shall be removed from the Employee’s official personnel file if no disciplinary action has been recorded within the subsequent eighteen (18) months or in cases of criminal conduct or harassment, within twenty-four (24) hours to submit the report. Potential charges months.
20.06 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievances and/or arbitration, no records of such proceeding or actions shall be laid placed in or notice remain in an Employee’s official personnel file.
20.07 Employees shall have the right to refuse to perform the work of investigation striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Employee for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing refusing to cross any a legal picket line where there is danger of bodily harmemployees at the University.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after until the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor ’s Section Head shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' ’ advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management ’s Section Head may give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Section Head for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's ’s service record shall be cleared deemed to be clear, if no discipline involving loss of all disciplinary actions notespay has been imposed and if no other discipline has been imposed within twelve (12) previous months, letters and correspondence after eighteen and, in any case, the Corporation may grant an application from an employee with a clear service record for the previous twenty-four (1824) months of the most recent disciplinary actionto have his service record deemed to be clear.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not 2 A. No employee shall be disciplined without cause and compliance with 3 applicable provisions of this Contract. Discharge for incidents of misconduct 4 or discharged except for just causeneglect of duty shall be subject to the progressive disciplinaryprocedure.
5 B. The Employer agrees that the principles of progressive discipline shall apply 6 to all incidents disciplinary actions. Each act of discipline shall be gauged by 7 the severity of the offense. Progressive discipline does not preclude 8 immediate disciplinary action in cases of serious and/or overt actions. Such discipline 9 suspensions may be upgraded to dismissal if a subsequent investigation 10 indicates such action is required.
11 C. Disciplinary actions shall be defined as warnings; reprimands (written or discharge will apply after 12 oral); suspensions (with or without pay); and discharge.
13 D. Prior to any disciplinary interviews the charges against them have employee shall be informed that this 14 is disciplinary in nature. All disciplinary interviews and reprimands shall be 15 made in private. For all disciplinary hearings or actions, an affected 16 employee may, if he/she deems it necessary request the presence of a 17 representative, and when such request is made, the hearing or action shall 18 not proceed until the employee has been investigated given a reasonable period of time to 19 secure representation.
20 E. Nothing contained herein shall prevent verbal communications between 21 administrators and substantiatedemployees without the presence of a representative. 22 Such contacts including commendation, questioning, suggesting, directing, 23 reminding, and correcting, shall be termed casual and shall not require the 24 presence of a representative. If an employee under investigation and subject believes such communication is 25 becoming disciplinary in nature, the employee has the right to discipline is required ask that a 26 Union representative be present.
27 F. Prior to submit a written reportthe suspension or discharge of an employee, he will be allowed up the employee shall 28 receive prior notice of the possible action, with such notice containing reason 29 or reasons for the action. Prior to twenty-four (24) hours to submit the report. Potential charges suspension or discharge, said employee 30 shall be laid or notice entitled to a hearing before the Superintendent, with Union 31 representation, for the purpose of investigation against an discussing the reasons and permitting the 32 employee to offer defense in his/her behalf.
33 G. An employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery given a copy of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor maywritten warning, under the direction of management give written reprimands but suspension reprimand, or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise 34 other disciplinary action entered on his/her personnel record within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) 35 working days of the hearingaction taken. Such documents shall be signed by the 36 employee, notify with such signature indicating acknowledgment that the charged 37 document has been placed in his or her personnel file. If the unit member 38 refuses to sign the material, then the union official shall sign and indicate 39 that the bargaining unit member refused to sign. Further, the employee and his Local Chairperson, in writing, 40 the Union President and/or Grievance Chairperson will receive a copy of the decision.
26.7 An employee who is exonerated any 1 suspension and/or discharge notice within five (5) working days of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.the
Appears in 1 contract
Samples: Negotiated Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined The parties recognize the authority of the Employer to suspend, discharge or discharged except take other appropriate disciplinary action against employees for just cause. Such discipline The employee who alleges that such action was not based upon just cause may appeal a suspension or discharge will apply after taken by the charges against them have been investigated and substantiatedEmployer beginning with Step 2 of the grievance procedure. If All other disciplinary action shall begin with Step 1 of the grievance procedure. Any disciplinary action or measure imposed upon an employee under may be processed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. (See Appendix K for discipline related to attendance) Written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) year provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and subject allegations of dependent adult abuse pursuant to discipline Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is required warranted, the Employer may:
1. Reassign the employee to submit a written report, he will be allowed another work assignment at their current rate of pay for up to twenty-four one (2421) hours to submit the reportcalendar days, or
2. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which Suspend the employee concerned from work for up to twenty-one (21) calendar days. If the employee is entitled to be present and to be represented by no more than suspended under number two (2) Union representatives. The above, the employee concerned shall be given in pay status at least their current rate of pay. If the investigation has not been completed within twenty-four one (2421) hours' advance notice calendar days, the Employer will provide the xxxxxxx who was involved in the investigation (if applicable) and the local Union President with a report regarding the status of the purpose investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, at the completion of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor mayinvestigation, under the direction of management give written reprimands but Employer decides that suspension or dismissal may only be imposed after discharge is warranted, the hearing Employer shall have the right to recover the pay provided during the period of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, suspension under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than number two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting above, consistent with the employee, and the information substantiates the possibility disciplinary action. The Union shall receive written notice of wrongdoing by the employee, he shall advise within five (5) days the any disciplinary action or measure imposed upon an employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) working days of the hearing, notify the charged employee and his Local Chairperson, in writing, time such action is taken. Written notice of the decisiondisciplinary action or measure imposed may be provided to the Union by electronic communication with a read receipt. The Local Union and Management may agree upon processes for distributing written notices. If the Local Union and Management have a procedure for distributing written notices that is currently in place, this procedure will continue unless the Local Union and Management mutually agree to change the procedure.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by 22.01 The parties recognize the importance of developing and maintaining a culture which would minimize the need to take disciplinary action. Management will develop guidelines for the disciplinary process which will be reviewed on an annual basis. A copy of these guidelines and any subsequent amendments will be provided to the Union.
22.02 The Employer shall have the right to discipline and discharge employees for just and sufficient cause. The Employer shall impose discipline in a fair, consistent, reasonable and timely manner. For the purposes of this Agreement will not be agreement discipline shall range from a written reprimand/warning up to and including discharge.
22.03 When an employee is disciplined or discharged except for just cause. Such discipline or discharge will apply after discharged, the charges against them have been investigated and substantiated. If an employee under investigation and subject Employer shall undertake to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise notify the employee in writing of the charge reason(s) for the discipline or charges against himdischarge.
26.5 Charges referred to 22.04 The Employer shall notify the Regional Vice-President local Union President, or his delegatethe representative’s designee, shall be investigated by him, as soon as possible, at a hearing at which the charged of occurrences of discipline and discharge.
22.05 An employee is entitled to be present Union representation when required to attend a meeting regarding a disciplinary action and is entitled to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information meet with their representative prior to meeting with the employee, meeting. The Employer will initiate disciplinary investigation within a reasonable period after the incident comes to the Employer’s attention and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of local Union President, or the anticipated date of representative’s designee, that such investigation has commenced. This period will be defined in the hearing of the chargesdisciplinary guidelines referred to in 22.01.
26.6 22.06 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement Employer shall not be subject introduce as evidence in a hearing related to discipline or discharge for failing to cross any picket line where there is danger document from the file of bodily harm.
26.10 The Corporation agrees that past disciplinary information an employee the contents of which the employee was not aware has no valueof at the time of filing, and thereforeor within a reasonable period thereafter.
22.07 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, shall not be introduced as evidence in destroyed after two (2) years have elapsed since the disciplinary investigationaction was taken, nor in provided that no further disciplinary action has been recorded during this period. The Employer reserves the Grievance Procedure including arbitrationright to remove the disciplinary record at any time during this two (2) year period.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered
31.1 Discipline shall be limited to oral reprimand, written reprimand, demotion, suspension and discharge or an alternative form of disciplinary sanction. Disciplinary action shall be progressive in nature but may be imposed at any level as determined by this Agreement will not the severity of the conduct involved and all relevant circumstances. Notice of disciplinary action (other than oral reprimand) shall be in writing and given to the employee, with a copy to the Association on the same day issuance of the discipline occurs. No career employee shall be disciplined or discharged except for without just cause. Such For law enforcement officers (ORS 131.930), “just cause” for discipline shall be determined in accordance with ORS 243.808, 243.809, 243.812 and 236.350 et seq. Oral reprimand shall be documented in writing stating that it is an “oral reprimand” and such documentation shall be contemporaneously provided to the employee and the Association.
31.2 If the County has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or discharge the public.
31.3 Internal investigations will apply after be conducted in accordance with the charges against them have been WCSO Internal Affairs Investigations Policy (#552 and/or #553). Class 1 allegations will be investigated and substantiatedin accordance with the WCSO Internal Affairs Investigations Policy (#553). If an employee under Class 2 allegations will be investigated in accordance with the WCSO Supervisor Inquiry Policy (#552) The Association may designate up to two (2) representatives to participate in any interviews conducted with the subject of the investigation and who is in a classification represented by the Association whether the interview be of a subject, witness or complainant. The Association may not designate a representative who is a subject of, the complainant, or a potential witness in, the investigation. The designated Association representative may not be required to disclose, or be subject to discipline is required for refusing to submit a written reportdisclose, he will be allowed up information related to matters received from the employee in the course of representing the employee in the investigation. At least twenty-four (24) hours prior to submit the reportinterview, the interviewer will inform the employee who is the subject of the investigation, and the Association representative(s), about the allegations being investigated. Potential charges The interviewer, the Association and the employee being investigated may record the interview. The County will notify the Association and the affected employee when a request to extend any of the time frames related to an internal investigation or SRIM is granted. The County will follow applicable Oregon Administrative Rules (OAR) for retention of internal investigation files. Prior to any changes in the internal investigation procedures, input will be solicited from the Association, and changes that are mandatory subjects of bargaining or that have mandatory impacts shall be laid or notice of investigation against subject to bargaining requirements under ORS 243.650, et seq.
31.4 If a supervisor is interviewing an employee on a matter that may lead to discipline, the supervisor shall inform the employee and the employee’s Association representative, if present, that the interview may lead to discipline.
31.5 Oral and Written reprimands older than seven (7) years shall not be considered relevant for disciplinary purposes, if the employee has not received any further disciplinary action during that time period. Such Oral and Written reprimands shall have a “stale” notation attached to them and retained in the employee files in accordance with state law.
31.6 Pre-disciplinary meetings shall be made within thirty (30) days of offered by the knowledge of County prior to the alleged incident or of the discovery issuance of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at discipline greater than a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativeswritten reprimand. The employee concerned shall be given at least twenty-four (24) hours' advance notice and/or the Association, on behalf of and as the representative of the purpose of employee, may accept or decline the pre- disciplinary meeting offer and of his entitlement such meeting will not be used to Union representationcompel answers from the employee.
26.3 An 31.7 In the event the County has decided to terminate an employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after County shall notify the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee Association in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated specific effective date of the hearing of termination and include the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, date that the County believes any Step 2 potential grievance challenging the discipline to would be imposed, or whether initially due from the charged employee is exoneratedAssociation and/or the terminated employee. In the event his decision involves the County has decided to terminate an employee, the County shall impose a two week unpaid suspension or dismissal, he shall, within three (3) days prior to the effective date of the hearingtermination, notify unless the charged employee and his Local Chairpersonparties mutually agree to extend the timeline, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority31.8 A disciplinary suspension will not impact an employee’s healthcare benefits and/or insurance coverage.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined The parties recognize the authority of the Employer to suspend, discharge or discharged except take other appropriate disciplinary action against employees for just cause. Such discipline The employee who alleges that such action was not based upon just cause may appeal a suspension or discharge will apply after taken by the charges against them have been investigated and substantiatedEmployer beginning with Step 2 of the grievance procedure. If All other disciplinary action shall begin with Step 1 of the grievance procedure. Any disciplinary action or measure imposed upon an employee under may be processed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. Suspensions, written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) two (2) years provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and subject allegations of dependent adult abuse pursuant to discipline Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is required warranted, the Employer may:
1. Reassign the employee to submit a written report, he will be allowed another work assignment at their current rate of pay for up to twenty-four one (2421) hours to submit the reportcalendar days, or
2. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which Suspend the employee concerned from work for up to twenty-one (21) calendar days. If the employee is entitled to be present and to be represented by no more than suspended under number two (2) Union representatives. The above, the employee concerned shall be given in pay status at least their current rate of pay. If the investigation has not been completed within twenty-four one (2421) hours' advance notice calendar days, the Employer will provide the xxxxxxx who was involved in the investigation (if applicable) and the local Union President with a report regarding the status of the purpose investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, at the completion of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor mayinvestigation, under the direction of management give written reprimands but Employer decides that suspension or dismissal may only be imposed after discharge is warranted, the hearing Employer shall have the right to recover the pay provided during the period of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, suspension under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than number two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting above, consistent with the employee, and the information substantiates the possibility disciplinary action. The Union shall receive written notice of wrongdoing by the employee, he shall advise within five (5) days the any disciplinary action or measure imposed upon an employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) working days of the hearing, notify the charged employee and his Local Chairperson, in writing, time such action is taken. Written notice of the decision.
26.7 An employee who disciplinary action or measure imposed may be provided to the Union by electronic communication with an acknowledgement of receipt. The Local Union and Management may agree upon processes for distributing written notices. If the Local Union and Management have a procedure for distributing written notices that is exonerated of all charges against him shall be paid for time lost while being held out of service currently in place, this procedure will continue unless the Local Union and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of Management mutually agree to change the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.procedure. [Current Contract Language]
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined The parties recognize the authority of the Employer to suspend, discharge or discharged except take other appropriate disciplinary action against employees for just cause. Such discipline The employee who alleges that such action was not based upon just cause may appeal a suspension or discharge will apply after taken by the charges against them have been investigated and substantiatedEmployer beginning with Step 2 of the grievance procedure. If All other disciplinary action shall begin with Step 1 of the grievance procedure. Any disciplinary action or measure imposed upon an employee under may be processed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. (See Appendix K for discipline related to attendance) Written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) year provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and subject allegations of dependent adult abuse pursuant to discipline Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is required warranted, the Employer may:
1. Reassign the employee to submit a written report, he will be allowed another work assignment at their current rate of pay for up to twenty-four one (2421) hours to submit the reportcalendar days, or
2. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which Suspend the employee concerned from work for up to twenty- one (21) calendar days. If the employee is entitled to be present and to be represented by no more than suspended under number two (2) Union representatives. The above, the employee concerned shall be given in pay status at least their current rate of pay. If the investigation has not been completed within twenty-four one (2421) hours' advance notice calendar days, the Employer will provide the xxxxxxx who was involved in the investigation (if applicable) and the local Union President with a report regarding the status of the purpose investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, at the completion of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor mayinvestigation, under the direction of management give written reprimands but Employerdecides that suspension or dismissal may only be imposed after discharge is warranted, the hearing Employer shall have the right to recover the pay provided during the period of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, suspension under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than number two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting above, consistent with the employee, and the information substantiates the possibility disciplinary action. The Union shall receive written notice of wrongdoing by the employee, he shall advise within five (5) days the any disciplinary action or measure imposed upon an employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) working days of the hearing, notify the charged employee and his Local Chairperson, in writing, time such action is taken. Written notice of the decisiondisciplinary action or measure imposed may be provided to the Union by electronic communication with a read receipt. The Local Union and Management may agree upon processes for distributing written notices. If the Local Union and Management have a procedure for distributing written notices that is currently in place, this procedure will continue unless the Local Union and Management mutually agree to change the procedure.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will not be disciplined A. Discipline or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four dismissal (24other than layoffs) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject include the following:
1. A conference with the employee by the appropriate administrator on the decision;
2. A written statement of reason(s) for the action to the employee;
3. A review of the employee’s personnel file with the employee and his/her representative along with the Assistant Superintendent for Human Resources if the employee so chooses.
B. When an employee is informed of his/her discipline or discharge for failing dismissal, he/she may make a written request to cross any picket line where there is danger meet with the Superintendent to review the decision. Such request must be filed within ten (10) working days of bodily harmreceiving such notice. The meeting with the Superintendent shall be held as promptly as possible, but in no case shall be delayed more than fifteen (15) calendar days after receiving the written request. The employee shall have the right to an Association Representative at such meeting, and shall have the right to present arguments and witnesses on her/his behalf. Recommendations by the Board, if any, shall be communicated to the employee within ten (10) days of said Board meeting.
26.10 C. If an employee is not satisfied with the resolution of the matter through the Superintendent, she/he shall have the right to a meeting with the Board of Education, in executive session, at its next meeting. The Corporation agrees that past disciplinary information employee shall make a request for such meeting in writing through the Secretary of which the Board. The employee shall have the right to an Association Representative at such meeting, and shall have the right to present arguments and witnesses on her/his behalf. Recommendations by the Board, if any, shall be communicated to the employee was not aware has no valuewithin ten (10) days of said Board meeting. In the event any Administrator requires an employee to attend a meeting for the purpose of discussing a matter which may result in disciplining the employee, and thereforethe employee, shall not be introduced as evidence in the disciplinary investigationupon request, nor in the Grievance Procedure including arbitrationmay have an Association representative present.
Appears in 1 contract
Samples: Memorandum of Understanding
DISCIPLINE AND DISCHARGE. 26.1 Employees covered by this Agreement will 22.1 A non-probationary employee shall not be disciplined or discharged except for without just and sufficient cause. Such In cases where rules call for a penalty less than immediate discharge and a written warning is not required, the discipline administered shall be commensurate with the seriousness of the violation. The Board shall not be obligated to re-employ any employee who had been laid off or discharge will apply after discharged during his/her probationary period.
22.2 When the charges Board is considering disciplinary action* against them have been investigated and substantiated. If an employee, the Chief Xxxxxxx shall be notified in advance, in writing, so that the employee under investigation and subject to may be represented at the time such discipline is required to submit a written reportinvoked. Within five (5) working days of an alleged infraction, he will be allowed up to twenty-four (24) hours to submit the report. Potential charges shall be laid or notice of investigation against an employee shall be made within thirty (30) days of notified in writing that disciplinary action is being considered and the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representativesreasons therefore. The employee concerned foregoing time limit shall be given at least twenty-four (24) hours' advance notice waived, however, in those cases where the Board could not have been reasonably expected to know, in a timely fashion, that an infraction had taken place. Copies of such notification shall be provided to the purpose of the meeting and of his entitlement Chief Xxxxxxx. Should an employee choose to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, for a period not to exceed three (3) days, pending investigation have representation by the Regional Vice-President or his delegate and Grievance Committee at the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee time discipline is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether said employee shall indicate such preference in writing and provide copies in advance to his/her immediate supervisor imposing said discipline and the charged Chief Xxxxxxx. Notwithstanding the provisions above, both parties recognize that cases of gross misconduct may require immediate and direct disciplinary action on the part of the supervisor at the time such offense takes place.
22.3 When imposing any discipline on a current charge, the Board will not take into account any prior infractions which occurred more than one (1) year prior thereto. In cases where the discipline imposed on an employee is exonerated. In taken to arbitration, however, the event his decision involves suspension or dismissal, he shall, within three (3) days parties agree that the work performance of said employee over the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after prior eighteen (18) months of month period may be introduced by the most recent disciplinary action.
26.9 Employees covered by this Agreement Board and shall not be subject to discipline or discharge for failing to cross any picket line where there the arbitration process. It is danger of bodily harmagreed that section 22.3 shall be removed effective June 30, 2021. *Disciplinary action shall be defined as written reprimand, suspension, demotion or, discharge.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE AND DISCHARGE. 26.1 Employees covered 20.01 The parties agree that, when reasonably possible, the Employer shall discuss job performance and conduct with the Employee(s) concerned, in order to inform and to permit correction, before disciplinary procedures are initiated. In such cases, the Employer shall meet with the Employee to review the problem. The Employee may be accompanied at this meeting by this Agreement will not a xxxxxxx or Union representative and the Employer may also be accompanied by a designated representative.
20.02 No Employee who has completed the Probationary Period shall be disciplined or discharged except for just cause. Such discipline or In cases of discharge will apply after and/or discipline, except in the charges case of Probationary Employees, the burden of proof of just cause shall rest with the Employer.
20.03 Where an Employee alleges that he/she has been discharged in violation of Article 20.02, a grievance may be filed at Step Two of the grievance procedure.
20.04 When the Employer determines that it is necessary to take disciplinary action against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written reportEmployee, he the Employee will be allowed up notified in writing with a copy forwarded to the Union within ten (10) days of the Employer becoming aware of the incident giving rise to the discipline.
20.05 The Employee shall have the right to reply in writing to any letter of warning and/or disciplinary action and such reply shall become part of the Employee’s official personnel file. Letters of warning or notices of disciplinary action together with the Employee’s response, if any, shall be removed from the Employee’s official personnel file if no disciplinary action has been recorded within the subsequent eighteen (18) months or in cases of criminal conduct or harassment, within twenty-four (24) hours to submit the report. Potential charges months.
20.06 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievances and/or arbitration, no records of such proceeding or actions shall be laid placed in or notice remain in an Employee’s official personnel file.
20.07 Employees shall have the right to refuse to perform the work of investigation striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an employee shall be made within thirty (30) days of the knowledge of the alleged incident or of the discovery of any infraction which may result in charges.
26.2 An employee's supervisor shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to Union representation.
26.3 An employee's supervisor may, under the direction of management give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate.
26.4 A charged employee may be held out of service by his supervisor, under the direction of management, Employee for a period not to exceed three (3) days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him.
26.5 Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges.
26.6 The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision.
26.7 An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority.
26.8 An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action.
26.9 Employees covered by this Agreement shall not be subject to discipline or discharge for failing refusing to cross any a legal picket line where there is danger of bodily harmemployees at the University.
26.10 The Corporation agrees that past disciplinary information of which the employee was not aware has no value, and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration.
Appears in 1 contract
Samples: Collective Agreement
