Common use of DISCIPLINE AND DISMISSAL Clause in Contracts

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except for just and reasonable cause. 20.2 The right to dismiss a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decision. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 5 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement, Provincial Collective Agreement

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DISCIPLINE AND DISMISSAL. 20.1 a. The Board shall not may dismiss or discipline or dismiss any person employee bound by this agreement except Agreement for just and reasonable cause. 20.2 The right to dismiss a teacher rests b. Personnel practices shall be consistent with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board.following practices: 20.3 i. The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised informed promptly, in writing writing, of any allegation(s) against the teacher which results in a formal investigation by the Board, including the basis for the allegation(s) and the name(s) of the fact person(s) making them, subject to any exceptions established in law and at the earliest reasonable timesuch time so as to not prejudice a criminal investigation. 20.5 Teachers shall ii. the right to promptly receive any information related to the allegation(s) referred to in Article C.20.1.b.i ; iii. the right to be accompanied by a member personal representative and a representative of the Association and/or an advocate appointed at any meeting involving the teacher in connection with any investigation by the Association to all meetings regarding actions under this ArticleBoard; iv. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where when a teacher is suspended or dismissed, unless required by law, no information in respect the President of the suspension or dismissal Association shall be released informed promptly, in writing; v. the right to the public be free from any punitive action or the media except by joint release agreed upon by officials discrimination for having pursued rights under this Agreement. c. Any dispute arising out of the dismissal or disciplinary action taken by the Board shall be subject to Article A.6 (Grievance Procedure) and Article E.25 (No Discrimination). d. Unless the teacher and the Association. 20.7 The Association waive the right to such a meeting, the Board shall not dismiss suspend or dismiss, except suspensions pursuant to Section 15(5) of the School Act or temporary suspensions with pay, any person bound by this agreement Agreement unless it has, prior to taking considering such action, held a meeting of the Board, with . e. At least seventy-two (72) hours prior to the teacher entitled meeting referred to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is givenArticle C.20.1.d, the teacher and the Association shall be given provided with a statement copy of any documentation, then available, which may be referred to in writing that meeting. Copies of any documentation which become available within the seventy-two (72) hour period shall be forwarded to the teacher as soon as practicable prior to the meeting. f. The teacher shall have the right to be accompanied by a personal representative and a representative(s) of the grounds known Association at a meeting referred to in Article C.20.1.d, and both the time of teacher and the notice for representative(s) shall have an opportunity to hear all submissions and make representations to the contemplated action Board and all to ask questions. Any written documents that will prepared by either party to be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all tabled at the information presented to meeting. g. A decision of the Board, following the meeting referred to receive copies of all documents placed before the Boardin Article C.20.1.d , and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing promptly to the teacher and the Association in writing and shall contain reasons set out the reason(s) for the decision. 20.8 h. Where a teacher is suspended under Section 15(5) of the School Act, the Board disciplines or dismisses shall, prior to taking further action under Section 15(7) of the School Act, hold a teachermeeting in accordance with the foregoing provisions, unless the right to such a meeting is waived by the Association. i. The Association may refer a grievance regarding the dismissal of a teacher shall have the option of referring the matter directly to Step 2 of Article A.6.7.A.6 (

Appears in 2 contracts

Samples: Local and Provincial Matters Agreement, Local and Provincial Matters Agreement

DISCIPLINE AND DISMISSAL. 20.1 1. The Board shall not discipline or dismiss any person bound by this agreement save and except for just and reasonable cause. 20.2 The right to dismiss 2. Where a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation for any cause where there is substantial likelihood that the allegation being investigated, if substantiated, would lead to disciplinary action, the teacher shall be advised in writing of that fact along with the particulars of the allegation. The Association shall be informed within twenty four (24) hours unless the Board is advised by the Board for any cause, teacher in writing within eighteen (18) hours of receiving the employee and notice of investigation that the Association is not to be notified of the investigation. The teacher shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall right to be accompanied by a member representative of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Articleat any meeting in connection with such investigation. 3. If Unless the teacher does not attend a meeting regarding actions under this articlewaives the right to such meeting, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not suspend or dismiss (other than a suspension to which Section 15(5) of the School Act reasonably applies) any person bound by this agreement unless it has, prior to taking considering such action, held a meeting of the Board, Board with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 seventy two (72) hours notice of the meetingnotice; b. at the time such notice is given, the teacher and the Association shall be given a full and complete statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. the teacher or Association, on behalf of the teacher, may file a written reply to the allegations; d. at such the meeting the teacher may shall be accompanied by a representative representatives and/or an advocate advocates appointed by the Association Association, and they shall be entitled to hear and to respond to all the information evidence presented to the Board, and to receive copies of all documents placed before the Board, and to ask . The Association may question the person(s) presenting evidence at the meeting. The Board questions of clarification, procedures may question the representative(s) and/or information;advocate(s) appointed by the Association. d. the e. The decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons a full and complete statement of the grounds for the decision. 20.8 4. Where a teacher is suspended under Section 15(5) of the School Act, the Board disciplines shall, prior to taking further action under Section 15(7) of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Association. 5. The Board and the Association shall not release to the media or dismisses the public, information in respect of the discipline or dismissal of a teacher, teacher except as agreed by the teacher shall have Association or by joint release agreed upon by the option of referring Board and the matter directly to Article A.6.7Association. 6. Notwithstanding Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board 9.1 Employees shall not discipline or dismiss any person bound by this agreement be disciplined except for just and reasonable cause.as outlined in Clause 9.2 without observance of the following steps: 20.2 (a) STEP 1 - ORAL WARNING The right to dismiss a teacher rests Employer shall meet with the Board employee for the purpose of discussing and may not resolving the problem(s). The employee shall be delegated to notified that the Superintendent, discussion is an assistant superintendent, a Principal/Vice-Principal, or any other employee Oral Warning in accordance with this clause of the Board. 20.3 The right to suspend a teacher rests with Collective Agreement. In the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any causeOral Warning discussion, the employee and the Association shall be advised of the area(s) of concern and of the remedial action expected. For purposes of clarity the content of an Oral Warning shall be summarized in writing by the Employer to the employee. If the Oral Warning is still in effect after three (3) months from the date of its issuance, the Employer shall initiate a review of the Oral Warning. In exceptional circumstances the review by the Employer may be delayed a maximum of 30 calendar days. If no review has taken place in accordance with the requirements of this clause, the Oral Warning shall be considered void, shall be removed from the employee's employment file, and shall not be referred to in any subsequent proceedings. An Oral Warning shall expire and the written summary removed from the employee's employment file six (6) months after its date of issuance unless in that period of time further disciplinary action has been taken. For purposes of Clause 9.1(a), the review and expiry dates shall be determined using only those calendar months within which the employee has actually worked. (b) STEP 2 - LETTER OF WARNING If the problem(s) dealt with in the Oral Warning is/are not resolved, either in whole or in part, or if a different problem(s) arises while an Oral Warning is in effect, then a Letter of Warning will be issued to the employee. The Letter of Warning will specify the area(s) of concern and remedial action expected. The Employer shall meet with the employee to review the content of the Letter of Warning. At this review meeting the employee concerned may request the presence of an Association Representative. A copy of the Letter of Warning is to be sent to the appropriate Labour Relations Officer, who will in turn notify the Association in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member Letter of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this ArticleWarning. If the teacher does Letter of Warning has not attend a meeting regarding actions under this articlebe removed from the employee’s file within three (3) months from the date of its issuance, the meeting will proceed with an Association representative present. 20.6 Where Employer shall initiate a teacher is suspended or dismissed, unless required by law, no information in respect review of the suspension or dismissal Letter of Warning. In exceptional circumstances the review by the Employer may be delayed a maximum of 30 calendar days. If no review has taken place in accordance with the requirements of this clause, the Letter of Warning shall be released considered void, shall be removed from the employee's employment file, and shall not be referred to in any subsequent proceedings. If such three (3) month review takes place, the employee may have the assistance of a representative of the Association. A Letter of Warning will expire after six (6) months from date of issuance unless within that time further disciplinary action has been taken or the Employer confirms in writing to the public or employee that the media except by joint release agreed upon by officials Letter of Warning will be continued beyond the six (6) month period. The period of time that a Letter of Warning may be continued shall not exceed six (6) months. A copy of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled continuance notification is to be present, sent to the appropriate Labour Relations Officer who will in respect of which: a. the teacher and turn notify the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time continuance of the notice for Letter of Warning. When the contemplated action and all documents Letter of Warning either expires or the Employer determines that a continuance of the Letter is no longer required, the employee will be considered at so notified in writing and the meeting; c. at such meeting Letter and the teacher may summary of any earlier Oral Warning [Clause 9.1(a)] shall be accompanied by a representative and/or an advocate appointed by removed from his/her file. A copy of the notification is to be sent to the appropriate Labour Relations Officer who will in turn notify the Association in writing that the Letter of Warning and they summary of any earlier Oral Warning have been removed from the employee's file. For purposes of Clause 9.1(b), the review and expiry dates shall be entitled to hear and to respond to all determined using only those calendar months within which the information presented to employee has actually worked. (c) STEP 3 - SUSPENSION If the Boardproblem(s) dealt with in the Oral Warning, to receive copies and/or Letter of all documents placed before Warning is/are not resolved, either in whole or in part or if a different problem(s) arises while a Letter of Warning is in effect, then the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board employee will be suspended without pay. Suspensions under this clause shall be communicated confirmed in writing to the teacher employee, in the form of a Letter of Suspension. The Letter of Suspension will specify the area(s) of concern and remedial action expected. Normally the Employer shall meet with the employee to review the content of the Letter of Suspension. At this review meeting the employee may request the presence of an Association Representative. A copy of the Letter of Suspension is to be sent to the appropriate Labour Relations Officer, who will in turn notify the Association and in writing of the suspension. A suspension without pay shall contain normally be up to three (3) days except when an employee is suspended in accordance with Clause 9.2 in which case the suspension may be for longer period of time. (d) STEP 4 - DISMISSAL If the problem(s) dealt with in the Letter of Warning, and/or Letter of Suspension is/are not resolved, either in whole or in part or if a different problem(s) arises following a suspension, then the employee will be dismissed. Dismissals under this clause shall be confirmed in writing to the employee, in the form of a Letter of Dismissal. The Letter of Dismissal will provide reasons for the decisiondismissal. Normally the Employer shall meet with the employee to review the content of the Letter of Dismissal. At this review meeting the employee concerned may request the presence of an Association Representative. A copy of the Letter of Dismissal is to be sent to the appropriate Labour Relations Officer who will in turn notify the Association in writing of the dismissal. Employees who are dismissed shall not require notice of the dismissal by the Employer. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 1. The Board shall not discipline or dismiss any person bound by this agreement save and except for just and reasonable cause. 20.2 The right to dismiss 2. Where a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation for any cause where there is substantial likelihood that the allegation being investigated, if substantiated, would lead to disciplinary action, the teacher shall be advised in writing of that fact along with the particulars of the allegation. The ATU shall be informed within twenty four (24) hours unless the Board is advised by the Board for any cause, teacher in writing within eighteen (18) hours of receiving the employee and notice of investigation that the Association ATU is not to be notified of the investigation. The teacher shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall right to be accompanied by a member representative of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this ArticleATU at any meeting in connection with such investigation. 3. If Unless the teacher does not attend a meeting regarding actions under this articlewaives the right to such meeting, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not suspend or dismiss (other than a suspension to which Section 15(5) of the School Act reasonably applies) any person bound by this agreement unless it has, prior to taking considering such action, held a meeting of the Board, Board with the teacher entitled to be present, in respect of which: a. the teacher and the Association ATU shall be given at least 72 seventy two (72) hours notice of the meetingnotice; b. at the time such notice is given, the teacher and the Association ATU shall be given a full and complete statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. the teacher or ATU, on behalf of the teacher, may file a written reply to the allegations; d. at such the meeting the teacher may shall be accompanied by a representative representatives and/or an advocate advocates appointed by the Association ATU , and they shall be entitled to hear and to respond to all the information evidence presented to the Board, and to receive copies of all documents placed before the Board, and to ask . The ATU may question the person(s) presenting evidence at the meeting. The Board questions of clarification, procedures may question the representative(s) and/or information;advocate(s) appointed by the ATU . d. the e. The decision of the Board shall be communicated in writing to the teacher and the Association ATU and shall contain reasons a full and complete statement of the grounds for the decision. 20.8 4. Where a teacher is suspended under Section 15(5) of the School Act, the Board disciplines shall, prior to taking further action under Section 15(7) of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the ATU. 5. The Board and the ATU shall not release to the media or dismisses the public, information in respect of the discipline or dismissal of a teacher, teacher except as agreed by the teacher shall have ATU or by joint release agreed upon by the option of referring Board and the matter directly to Article A.6.7ATU.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 1. The Board shall not discipline or dismiss any person bound by this agreement save and except for just and reasonable cause. 20.2 The right to dismiss 2. Where a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation for any cause where there is substantial likelihood that the allegation being investigated, if substantiated, would lead to disciplinary action, the teacher shall be advised in writing of that fact along with the particulars of the allegation. The Association shall be informed within twenty four (24) hours unless the Board is advised by the Board for any cause, teacher in writing within eighteen (18) hours of receiving the employee and notice of investigation that the Association is not to be notified of the investigation. The teacher shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall right to be accompanied by a member representative of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Articleat any meeting in connection with such investigation. 3. If Unless the teacher does not attend a meeting regarding actions under this articlewaives the right to such meeting, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not suspend or dismiss (other than a suspension to which Section 15(5) of the School Act reasonably applies) any person bound by this agreement unless it has, prior to taking considering such action, held a meeting of the Board, Board with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 seventy two (72) hours notice of the meetingnotice; b. at the time such notice is given, the teacher and the Association shall be given a full and complete statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. the teacher or Association, on behalf of the teacher, may file a written reply to the allegations; d. at such the meeting the teacher may shall be accompanied by a representative representatives and/or an advocate advocates appointed by the Association Association, and they shall be entitled to hear and to respond to all the information evidence presented to the Board, and to receive copies of all documents placed before the Board, and to ask . The Association may question the person(s) presenting evidence at the meeting. The Board questions of clarification, procedures may question the representative(s) and/or information;advocate(s) appointed by the Association. d. the e. The decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons a full and complete statement of the grounds for the decision. 20.8 4. Where a teacher is suspended under Section 15(5) of the School Act, the Board disciplines shall, prior to taking further action under Section 15(7) of the School Act, hold a meeting in accordance with the foregoing provisions, unless the right to such meeting is waived by the Association. 5. The Board and the Association shall not release to the media or dismisses the public, information in respect of the discipline or dismissal of a teacher, teacher except as agreed by the teacher shall have Association or by joint release agreed upon by the option of referring Board and the matter directly to Article A.6.7Association.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except 10.1 Discipline, including dismissal, may only be imposed for just cause. In all such cases, the faculty member shall be provided with a written notice of the reason why the disciplinary action is being taken. This notice shall describe with reasonable particularity the reason for the action and reasonable cause. 20.2 The right to dismiss a teacher rests with shall be delivered at or before the Board and may not disciplinary action is effected. Copies of all such notices shall be delegated concurrently transmitted to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee Grievance Officer of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall 10.2 It is understood that nonrenewal of a probationary appointment is not dismiss any person bound a disciplinary action. 10.3 Dismissal of Faculty with Xxxxxx 10.3.1 Dismissal of a faculty member with tenure will be preceded by this agreement unless it hasa discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement, prior to taking such action, held and a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a written statement in writing of the grounds known at for dismissal, framed with reasonable particularity, from the time appropriate academic administrator. 10.3.1.1 In any case where the dismissal of a Tenured faculty member is recommended, the Xxxxxxx and Vice President for Academic Affairs shall notify the faculty member of the notice faculty member’s right to request a review by the Faculty Review Committee (FRC). 10.3.1.2 In order to initiate such an appeal to the FRC, the faculty member must communicate a written request for the contemplated action review to the Xxxxxxx and all documents Vice President for Academic Affairs within fourteen (14) calendar days. 10.3.1.3 Upon receipt of a request for the FRC review, the Xxxxxxx and Vice President for Academic Affairs shall notify the FRC that will a review hearing of the case is to be considered at initiated within fourteen (14) calendar days and further that the meeting;FRC shall submit its report within three (3) calendar weeks after the conclusion of the hearing to the Xxxxxxx and Vice President . c. at such meeting 10.3.1.4 The report of the teacher may be accompanied by a representative and/or an advocate appointed by FRC shall indicate whether in its opinion there exists just cause to dismiss the Association and they faculty member. This opinion shall be entitled to hear based solely on the record established during the review hearing and to respond to all the information presented to report shall detail with reasonable particularity the Board, to receive copies of all documents placed before reasons for its opinion. 10.3.1.5 If the Board, Xxxxxxx and to ask Vice President for Academic Affairs does not concur with the Board questions of clarification, procedures and/or information; d. the decision opinion of the Board FRC, the Xxxxxxx and Vice President shall be communicated state the substantive reasons for the disagreement and shall communicate the reasons in writing to the teacher and FRC before transmitting the Association case to the Board of Trustees. 10.3.1.6 The procedures to be followed in the FRC review hearing will be established by the FRC and shall contain reasons provide due process to all participants. The faculty member is entitled to be accompanied and/or represented by a person of the faculty member’s choice from the University community. 10.3.1.7 If the faculty member is suspended before or during the FRC review hearing, the suspension shall be with pay until such time as the FRC issues its report, or should have issued its report, to the Xxxxxxx and Vice President for Academic Affairs. 10.3.1.8 Any faculty member who is recommended for dismissal may exercise the faculty member’s statutory right to address the Board of Trustees by making the appropriate request through the Office of the Secretary to the Board of Trustees. 10.3.2 The FRC is charged with and authorized to convene and conduct a hearing under the provisions of Section 10.3 within the established time limits without regard to any limitation to the contrary in the bylaws of the FRC. Should such a hearing have to be conducted after the conclusion of the winter semester, the committee membership shall consist of the members appointed for the decisionimmediately preceding academic year. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 5.5.1 Discipline or dismissal may only be imposed for just cause. The Board shall not only procedure for contesting discipline or dismiss dismissal shall be the procedure set forth in this Agreement. The only procedure for imposing discipline or dismissal on an employee shall be the procedure set forth in this Agreement. The Union, on behalf of itself and the employees, hereby waives any person bound by this agreement except and all rights it or they may have or be granted in the future to pursue any other method or procedure for just contesting the discipline or dismissal of an employee. The Employer and reasonable causethe Union agree that in an appropriate case, progressive discipline can be beneficial to the interests of the Employer, the Union and the bargaining unit employees. 20.2 5.5.2 The right Fire Chief or an employee's Supervisor may orally reprimand an employee. If the Fire Chief or the Supervisor chooses to dismiss make a teacher rests written notation of the oral reprimand to be included in the employee's personnel file, he shall give a copy thereof to the employee and to the Union prior to placing the original notation in the file. The notation shall include the details (names, dates and places) of the conduct for which the employee was orally reprimanded. The employee and the, Union representative who receives the notation shall each sign and date receipts for the copies of the notation and those receipts shall be attached to the original notation in the personnel file. This receipt merely acknowledges receiving said copy. Not later than the tenth calendar day after receiving a copy of the notation, the employee may submit a written, signed and dated response to the notation to the Fire Chief and the Fire Chief shall attach the response to the original notation in the personnel file. Any reprimands must be made in a manner that will not embarrass an employee before other employees or the public. 5.5.3 The Fire Chief may reprimand an employee in writing. The employee shall sign the written reprimand. The signature merely acknowledges receipt of the document, which shall then be placed in his personnel file. The written reprimand shall include the details (names, dates and places) of the conduct for which the employee is being reprimanded. Simultaneously, the employee and a Union representative shall be given a copy of the written reprimand and each shall sign and date receipts therefor and those receipts shall be attached to the original written reprimand in the personnel file. This signature merely acknowledges receipt of the document. If the employee disagrees with the Board written reprimand, he shall proceed in accordance with the provisions of paragraph 5.7.1 of this Agreement. 5.5.4 The only other disciplinary actions which may be imposed by the Fire Chief are suspensions without pay, loss of leave credits, fines (not to exceed an amount equal to two weeks of the employee's gross weekly straight time pay at the time of the alleged offense), any combination of the foregoing, and may not be delegated dismissal. 5.5.5 When the Fire Chief decides to impose dismissal or one of the disciplinary actions specified in paragraph 5.5.4 of this Agreement, he shall give written notice of the proposed dismissal or disciplinary action to the Superintendentemployee and a Union representative simultaneously, an assistant superintendent, a Principal/Vice-Principal, each of whom shall sign and date receipts therefor which the Fire Chief shall attach to the original notice. The notice shall specify that dismissal or any other employee one or more of the Board.said disciplinary actions is to be imposed and shall give a detailed statement (including dates, times and places to the best of the Fire Chief's knowledge or information) of the conduct for which the dismissal or disciplinary action is to be imposed. Not later than the fifth calendar day after the day he is given a copy of the notice of disciplinary action, the employee shall deliver to the Fire Chief a written, dated and signed statement in which the employee sets forth one of the following: 20.3 The right to suspend (1) a teacher rests statement that he accepts the dismissal or disciplinary action set forth in the notice, in which case the dismissal or disciplinary action shall be immediately imposed in accordance with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee terms of the Board.notice; or 20.4 Where an employee is under investigation (2) a request for a hearing by the Board Mayor or his designated representative for any causea review of the matter, in which case the Mayor or his designated representative shall hold such a review within ten calendar days and will issue a recommendation within ten calendar days of such review. If the employee accepts the recommendation of the Mayor or his designated representative, the employee and the Association Union shall sign a statement of acceptance and the recommended dismissal or disciplinary action shall be advised immediately imposed in writing accordance with the terms of the fact at recommendation; or (3) a statement that he appeals the earliest reasonable time. 20.5 Teachers dismissal or disciplinary action to arbitration pursuant to Section 3.3 of this Agreement in which case the statement shall be accompanied by a member letter from the Union to the American Arbitration Association as provided in paragraph 3.3.3 of this Agreement. (If the employee requested a review pursuant to "2" above, he shall deliver the statement of appeal to arbitration not later than the fifth calendar day after receiving the recommendation of the Association and/or an advocate appointed by Mayor or his designated representative if the Association to all meetings regarding actions under this Article. If the teacher does employee has not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decision. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.accepted that

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board 9.1 Employees shall not discipline or dismiss any person bound by this agreement be disciplined except for just and reasonable cause.as outlined in Clause 9.2 without observance of the following steps: 20.2 (a) STEP 1 - ORAL WARNING The right to dismiss a teacher rests Employer shall meet with the Board employee for the purpose of discussing and may not resolving the problem(s). The employee shall be delegated to notified that the Superintendent, discussion is an assistant superintendent, a Principal/Vice-Principal, or any other employee Oral Warning in accordance with this clause of the Board. 20.3 The right to suspend a teacher rests with Collective Agreement. In the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any causeOral Warning discussion, the employee and the Association shall be advised of the area(s) of concern and of the remedial action expected. For purposes of clarity the content of an Oral Warning shall be summarized in writing by the Employer to the employee. If the Oral Warning is still in effect after three (3) months from the date of its issuance, the Employer shall initiate a review of the Oral Warning. In exceptional circumstances the review by the Employer may be delayed a maximum of 30 calendar days. If no review has taken place in accordance with the requirements of this clause, the Oral Warning shall be considered void, shall be removed from the employee's employment file, and shall not be referred to in any subsequent proceedings. An Oral Warning shall expire and the written summary removed from the employee's employment file six (6) months after its date of issuance unless in that period of time further disciplinary action has been taken. For purposes of Clause 9.1(a), the review and expiry dates shall be determined using only those calendar months within which the employee has actually worked. (b) STEP 2 - LETTER OF WARNING If the problem(s) dealt with in the Oral Warning is/are not resolved, either in whole or in part, or if a different problem(s) arises while an Oral Warning is in effect, then a Letter of Warning will be issued to the employee. The Letter of Warning will specify the area(s) of concern and remedial action expected. The Employer shall meet with the employee to review the content of the Letter of Warning. At this review meeting the employee concerned may request the presence of an Association Representative. A copy of the Letter of Warning is to be sent to the appropriate Labour Relations Officer, who will in turn notify the Association in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member Letter of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this ArticleWarning. If the teacher does Letter of Warning has not attend a meeting regarding actions under this articlebe removed from the employee’s file within three (3) months from the date of its issuance, the meeting will proceed with an Association representative present. 20.6 Where Employer shall initiate a teacher is suspended or dismissed, unless required by law, no information in respect review of the suspension or dismissal Letter of Warning. In exceptional circumstances the review by the Employer may be delayed a maximum of 30 calendar days. If no review has taken place in accordance with the requirements of this clause, the Letter of Warning shall be released considered void, shall be removed from the employee's employment file, and shall not be referred to in any subsequent proceedings. If such three (3) month review takes place the employee may have the assistance of a representative of the Association. A Letter of Warning will expire after six (6) months from date of issuance unless within that time further disciplinary action has been taken or the Employer confirms in writing to the public or employee that the media except by joint release agreed upon by officials Letter of Warning will be continued beyond the six (6) month period. The period of time that a Letter of Warning may be continued shall not exceed six (6) months. A copy of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled continuance notification is to be present, sent to the appropriate Labour Relations Officer who will in respect of which: a. the teacher and turn notify the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time continuance of the notice for Letter of Warning. When the contemplated action and all documents Letter of Warning either expires or the Employer determines that a continuance of the Letter is no longer required, the employee will be considered at so notified in writing and the meeting; c. at such meeting Letter and the teacher may summary of any earlier Oral Warning [Clause 9.1(a)] shall be accompanied by a representative and/or an advocate appointed by removed from his/her file. A copy of the notification is to be sent to the appropriate Labour Relations Officer who will in turn notify the Association in writing that the Letter of Warning and they summary of any earlier Oral Warning have been removed from the employee's file. For purposes of Clause 9.1(b), the review and expiry dates shall be entitled to hear and to respond to all determined using only those calendar months within which the information presented to employee has actually worked. (c) STEP 3 - SUSPENSION If the Boardproblem(s) dealt with in the Oral Warning, to receive copies and/or Letter of all documents placed before Warning is/are not resolved, either in whole or in part or if a different problem(s) arises while a Letter of Warning is in effect, then the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board employee will be suspended without pay. Suspensions under this clause shall be communicated confirmed in writing to the teacher employee, in the form of a Letter of Suspension. The Letter of Suspension will specify the area(s) of concern and remedial action expected. Normally the Employer shall meet with the employee to review the content of the Letter of Suspension. At this review meeting the employee may request the presence of an Association Representative. A copy of the Letter of Suspension is to be sent to the appropriate Labour Relations Officer, who will in turn notify the Association and in writing of the suspension. A suspension without pay shall contain normally be up to three (3) days except when an employee is suspended in accordance with Clause 9.2 in which case the suspension may be for longer period of time. (d) STEP 4 - DISMISSAL If the problem(s) dealt with in the Letter of Warning, and/or Letter of Suspension is/are not resolved, either in whole or in part or if a different problem(s) arises following a suspension, then the employee will be dismissed. Dismissals under this clause shall be confirmed in writing to the employee, in the form of a Letter of Dismissal. The Letter of Dismissal will provide reasons for the decisiondismissal. Normally the Employer shall meet with the employee to review the content of the Letter of Dismissal. At this review meeting the employee concerned may request the presence of an Association Representative. A copy of the Letter of Dismissal is to be sent to the appropriate Labour Relations Officer who will in turn notify the Association in writing of the dismissal. Employees who are dismissed shall not require notice of the dismissal by the Employer. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except 10.1 Discipline, including dismissal, may only be imposed for just cause. In all such cases, the faculty member shall be provided with a written notice of the reason why the disciplinary action is being taken. This notice shall describe with reasonable particularity the reason for the action and reasonable cause. 20.2 The right to dismiss a teacher rests with shall be delivered at or before the Board and may not disciplinary action is effected. Copies of all such notices shall be delegated concurrently transmitted to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee Grievance Officer of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall 10.2 It is understood that nonrenewal of a probationary appointment is not dismiss any person bound a disciplinary action. 10.3 Dismissal of Faculty with Tenure 10.3.1 Dismissal of a faculty member with tenure will be preceded by this agreement unless it hasa discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement, prior to taking such action, held and a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a written statement in writing of the grounds known at for dismissal, framed with reasonable particularity, from the time appropriate academic administrator. 10.3.1.1 In any case where the dismissal of a Tenured faculty member is recommended, the Xxxxxxx and Vice President for Academic Affairs shall notify the faculty member of the notice faculty member’s right to request a review by the Faculty Review Committee (FRC). 10.3.1.2 In order to initiate such an appeal to the FRC, the faculty member must communicate a written request for the contemplated action review to the Xxxxxxx and all documents Vice President for Academic Affairs within fourteen (14) calendar days. 10.3.1.3 Upon receipt of a request for the FRC review, the Xxxxxxx and Vice President for Academic Affairs shall notify the FRC that will a review hearing of the case is to be considered at initiated within fourteen (14) calendar days and further that the meeting;FRC shall submit its report within three (3) calendar weeks after the conclusion of the hearing to the Xxxxxxx and Vice President . c. at such meeting 10.3.1.4 The report of the teacher may be accompanied by a representative and/or an advocate appointed by FRC shall indicate whether in its opinion there exists just cause to dismiss the Association and they faculty member. This opinion shall be entitled to hear based solely on the record established during the review hearing and to respond to all the information presented to report shall detail with reasonable particularity the Board, to receive copies of all documents placed before reasons for its opinion. 10.3.1.5 If the Board, Xxxxxxx and to ask Vice President for Academic Affairs does not concur with the Board questions of clarification, procedures and/or information; d. the decision opinion of the Board FRC, the Xxxxxxx and Vice President shall be communicated state the substantive reasons for the disagreement and shall communicate the reasons in writing to the teacher and FRC before transmitting the Association case to the Board of Trustees. 10.3.1.6 The procedures to be followed in the FRC review hearing will be established by the FRC and shall contain reasons provide due process to all participants. The faculty member is entitled to be accompanied and/or represented by a person of the faculty member’s choice from the University community. 10.3.1.7 If the faculty member is suspended before or during the FRC review hearing, the suspension shall be with pay until such time as the FRC issues its report, or should have issued its report, to the Xxxxxxx and Vice President for Academic Affairs. 10.3.1.8 Any faculty member who is recommended for dismissal may exercise the faculty member’s statutory right to address the Board of Trustees by making the appropriate request through the Office of the Secretary to the Board of Trustees. 10.3.2 The FRC is charged with and authorized to convene and conduct a hearing under the provisions of Section 10.3 within the established time limits without regard to any limitation to the contrary in the bylaws of the FRC. Should such a hearing have to be conducted after the conclusion of the winter semester, the committee membership shall consist of the members appointed for the decisionimmediately preceding academic year. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except for just and reasonable causeUnit members with more than 3 years but less than 5 years of experience. 20.2 1. The procedures set forth in this Article 23-A are applicable only to employees holding the position of professional registered nurse who since their last date of hire have completed three (3) years of continuous service to the District. 2. When a Professional Registered Nurse is demoted, suspended without pay, fined or discharged (which terms collectively are referred to as “discipline”) by the District, written notice of such action and the District’s reasons therefore shall be given to the employee at the time of that action or as soon thereafter as practicable, but in any case not later than the fifth (5th) working day after the District imposes the discipline. The discipline shall take effect immediately, or at a later date if so specified by the District. A copy of the written notice shall be given to the Association President as soon thereafter as is practicable. 3. If the employee disagrees with the discipline set forth in the written notice, the employee has the right to dismiss a teacher rests file with the Board and may not be delegated to the Superintendent, an assistant superintendentnot later than the tenth (10th) working day after the day on which the employee received the written notice, a Principal/Vice-Principal, or any other employee written statement explaining the employee’s disagreement with the discipline. Failure to submit a written statement of disagreement by that time shall constitute acceptance of the Board. 20.3 The right to suspend a teacher rests with discipline imposed. Not later than the Board but may be delegated to tenth (10th) working day after the day on which the Superintendent receives the written statement, the Superintendent or his designee shall meet with the employee and an assistant superintendentAssociation representative to discuss the employee’s statement disagreeing with the discipline. Not later than the tenth (10th) working day following that meeting, and not the Superintendent shall transmit to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association Union representative a written determination on the imposition of the discipline. 4. The written determination of the Superintendent shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers final, and shall not be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released subject to the public grievance procedure of this Agreement or the media except by joint release agreed upon by officials to any other form of the Board and the Associationreview or appeal. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decision. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except for just and reasonable cause. 20.2 The right to dismiss a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decision. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Provincial Collective Agreement

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DISCIPLINE AND DISMISSAL. 20.1 The Board shall not 12.01 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline or dismiss any person bound by this agreement except for just up to, and reasonable causeincluding, immediate dismissal. 20.2 The right 12.02 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to dismiss be serious enough to warrant suspension or dismissal shall result in a teacher rests with the Board and may not be delegated verbally communicated warning to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 Employee. The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association Employee shall be advised that further infractions of a similar nature will result in writing further disciplinary action. 12.03 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal shall result in a written warning to the Employee. A copy of the fact written warning shall be placed on the Employee’s personnel file. Copies of all written warnings shall be forwarded to the Union within five (5) days of issuance. 12.04 Employee’s shall be informed by the Employer at least twenty-four (24) hours in advance of the earliest reasonable meeting, that they are being investigated with respect to an incident that may result in discipline and that they have the right to have a Union representative present if they so choose. The meeting shall be conducted on Employee paid time. 20.5 Teachers 12.05 Following an investigation of an incident, and where the Employer has a significant reason to believe that an Employee(s) may be responsible, and that their actions may lead to discipline, the Employee shall be advised by the Employer at least twenty-four (24) hours in advance of the meeting and the Employee may be accompanied by a member Union representative in subsequent meetings. The meeting shall be conducted on Employee paid time. 12.06 The Employee shall sign any written notice of discipline for the sole purpose of indicating that she is aware of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Articledisciplinary notice. If an Employee refuses to sign the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours written notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that discipline it will be considered at placed on the meeting; c. at such meeting the teacher personnel file unsigned. Where circumstances permit, an Employee may be accompanied by a representative and/or of the Union during the disciplinary discussion. When in attendance at a disciplinary discussion a Union representative shall initial and date any disciplinary document presented for the sole purpose on indicating awareness of the document. 12.07 When an advocate appointed by Employee has grieved a disciplinary action and the Association and they Employer has either allowed the grievance or reduced the penalty levied against the grievor, the personnel file of the Employee shall be entitled amended to hear and to respond to all reflect this action provided this action results in the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision abandonment of the Board grievance. 12.08 An Employee who has been subject to disciplinary action may, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that her personnel file be cleared of any record of the disciplinary action. Such request shall be communicated granted provided the Employee’s file does not contain any further record of disciplinary action, during the two (2) year period, of which the Employee is aware. The Employer will confirm in writing to the teacher Employee that such action has been effected and the Association and shall contain reasons for documents cleared from the decisionfile. 20.8 Where 12.09 An Employee absent for two (2) consecutive working days without notifying the Board disciplines Employer shall be considered to have terminated her employment unless the Employee subsequently provides documentation and/or validation of the absence acceptable to the Employer. 12.10 Nothing in this Article prevents immediate suspension or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.dismissal for just cause. ARTICLE 13

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board 17.1 Employees may be dismissed, suspended or demoted based upon just cause. Prior to the effective date of any dismissal, the employee shall not discipline be afforded an opportunity to request a pre-termination hearing with the Superintendent or dismiss any person bound by this agreement except for just and reasonable causedesignee. 20.2 The right to dismiss 17.2 Dismissed, suspended or demoted employees may request a teacher rests with hearing before the Board School Board. Such a request must be made in writing and may not must be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated submitted to the Superintendent within 15 calendar days of receipt of notice of suspension, demotion or an assistant superintendent, and not dismissal. Failure to any other employee request a hearing within such time shall constitute a waiver of the Boardright to a hearing. 20.4 Where 17.3 The hearing will be in private unless the employee requests in writing that it be held in public. 17.4 An employee cannot be dismissed for performance reasons without first having the supervisor: 1. Identify deficiencies in writing; 2. Provide assistance for improvement; and 3. Provide a reasonable time for improvement. 4. Employees may have disagreements or explanations attached to performance documents placed in personnel files. 5. Numbers one through three of this section will apply to employees beyond the 12-month probationary period only. 17.5 Employees shall not be disciplined or reprimanded without due process. Due process in this agreement means: 1. The employee must be given written notice of charges against him/her before disciplinary action is taken. 2. The employee required to attend an investigatory meeting regarding a matter which may result in dismissal of the employee is under investigation by shall be given the reasons for the meeting in advance of the meeting. 3. The employee shall have the right to have an OSEA representative present at any meeting of an investigatory nature with a supervisor or the District, in which he/she reasonably believes, might result in disciplinary action. 4. All information forming the basis of disciplinary action will be made available to the employee at the employee’s request. 17.6 The provisions of this article may be grieved to Step 2 (Superintendent), and, in the case of dismissal, or demotion, may be appealed to the Board for any cause, the employee and the Association shall be advised in writing pursuant to ORS 326.555. The decision of the fact Superintendent at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this articleStep 2, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board in the case of dismissal or demotion, shall be final and the Association. 20.7 The Board shall not dismiss any person bound be subject to review by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed arbitrator or by the Association and they shall be entitled Employment Relations Board pursuant to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decisiona (1)(g) claim. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board (a) No employee shall not discipline receive a written reprimand or dismiss written warning, be suspended, demoted or dismissed for any person bound by this agreement reason except for just and reasonable cause. 20.2 The (b) Notwithstanding subparagraph (a) above, the Employer retains the right to dismiss terminate the employment of a teacher rests probationary employee at its sole discretion, with or without cause. In cases where the Board and termination of the employee may not be delegated result from performance concerns, the Employer shall communicate these concerns to the Superintendent, an assistant superintendent, Union within a Principal/Vice-Principal, or any other employee reasonable time period prior to the end of the Boardprobationary period. The Employer’s decision shall be upheld unless the Union can establish that the decision was made arbitrarily or in bad faith. This shall constitute a lesser standard that just cause. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to (a) At any other employee meeting between management of the Board. 20.4 Where Employer and an employee which is under investigation called for the explicit purpose of delivering a written warning or a disciplinary suspension or dismissal, the Union Xxxxxxx shall, unless the employee objects, be invited by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled Sales Manager to be present, in respect of which: a. the teacher and the Association . The Xxxxxxx shall be given at least 72 hours reasonable notice of such meetings. This provision does not apply to written warnings related to the meeting;employees’ sales performance. Failure to comply with this provision shall not have any impact on the validity of the discipline. However, if the Xxxxxxx did not receive reasonable notice and was unable to attend, the Manager shall hold a second meeting for the Xxxxxxx and the employee. b. (b) Where circumstances required the spontaneous imposition of discipline, the Employer shall advise the employee's Union Xxxxxxx as soon thereafter as possible. 10.03 The Employer agrees to provide the employee, his/her Union Xxxxxxx and the Chief Xxxxxxx/ Business Representative with written notification of any disciplinary measure or dismissal and the reasons for such measure, at the time such notice it is giventaken or as soon thereafter as possible in the case of a written reprimand, written warning, dismissal or demotion, and within 1 week in the case of a suspension. 10.04 Any employee may grieve a disciplinary measure or dismissal, as referred to in Paragraph 10.01, which he/she feels is unwarranted, in accordance with the provisions of Article 11. 10.05 In the case of a dismissal, the teacher matter may be referred directly to the grievance procedure as provided in Article 11. 10.06 All disciplinary measures referred to in Paragraph 10.01 shall form and the Association shall be given a statement in writing become part of the grounds known at the time disciplinary record of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decisionemployee. 20.8 Where the Board disciplines or dismisses a teacher, the teacher 10.07 An employee shall have the option right to inspect his/her disciplinary record after making suitable arrangements with their Sales Manager. With the employee's consent, his/her Union Xxxxxxx shall also have the right, under the same conditions, to inspect the disciplinary record where the employee grieves the imposition of referring the matter directly to Article A.6.7discipline or a dismissal.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board 8.01 No employee shall not discipline or dismiss any person bound by this agreement except for be disciplined without just and reasonable cause. 20.2 The right to dismiss a teacher rests with 8.02 Any disciplinary action shall be measured against the Board severity and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee frequency of the Board.violation along with any aggravating and/or mitigating circumstances. Discipline shall be progressive except in very serious infractions. Discipline, if taken, will be in one of the following forms, listed in increasing order of severity: 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not a. Verbal warning; b. A letter of reprimand; c. Suspension without pay; d. Termination of employment a. Prior to any other disciplinary action being initiated, the University will convene an investigative meeting between the Supervisor and the employee to discuss the alleged act or behavior that is the subject of the Board. 20.4 Where an employee is under investigation by investigation. In advance of the Board for any causemeeting, the University will inform the employee and the Association Bargaining Unit President of the names of the attendees and the date, time, location and purpose of the meeting. The employee shall be advised in writing informed of their right to Union Representation and may discuss the fact matter privately with the Union Representative, at a place on the earliest reasonable timepremises, prior to the meeting. 20.5 Teachers b. Disciplinary meetings shall not occur without Union representation present. However, it is recognized that in exceptional circumstances, where the employee must be accompanied by a member removed from their work location immediately due to the severity of the Association and/or their actions, it may be necessary to suspend or discharge an advocate appointed by the Association to all meetings regarding actions under this Articleemployee without Union representation. If the teacher does not attend a meeting regarding actions under this articleIn these cases, the meeting University will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect notify the Bargaining Unit President as soon as possible of the suspension or dismissal discharge and convene a meeting to discuss the matter within two (2) working days. 8.04 Any warning, reprimand or other discipline shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated confirmed in writing to the teacher employee within ten (10) working days of the meeting outlined in Article 8.03 above. In cases where information regarding discipline and/or discharge is being sent to an employee’s home address it shall be sent in a manner which requires a signature for receipt. A copy of any warning, reprimand or other discipline shall be forwarded to the Bargaining Unit President at the same time as the letter is forwarded to the employee in question. 8.05 The employee may respond to the letter mentioned in Article 8.04 in writing within ten (10) working days of receipt of said letter and such response shall form part of the Association record. 8.06 In imposing discipline on a current charge, the University will not take into account any infractions for which any disciplinary letters were issued earlier than two (2) years prior to the imposition of the current charge, unless there was a recurrence of a similar infraction or infractions during the two (2) year period preceding the imposition of the current charge. Upon request of a member, any disciplinary letter and related documents placed in the member’s personnel file shall contain reasons be removed from the file if no discipline is on record for the decisionprevious twenty-four (24) month period. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except 10.1 Discipline, including dismissal, may only be imposed for just cause. In all such cases, the faculty member shall be provided with a written notice of the reason why the disciplinary action is being taken. This notice shall describe with reasonable particularity the reason for the action and reasonable cause. 20.2 The right to dismiss a teacher rests with shall be delivered at or before the Board and may not disciplinary action is effected. Copies of all such notices shall be delegated concurrently transmitted to the Superintendent, an assistant superintendent, a Principal/Vice-Principal, or any other employee Grievance Officer of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall 10.2 It is understood that nonrenewal of a probationary appointment is not dismiss any person bound a disciplinary action. 10.3 Dismissal of Faculty with Xxxxxx 10.3.1 Dismissal of a faculty member with tenure will be preceded by this agreement unless it hasa discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement, prior to taking such action, held and a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a written statement in writing of the grounds known at for dismissal, framed with reasonable particularity, from the time appropriate academic administrator. 10.3.1.1 In any case where the dismissal of a Tenured faculty member is recommended, the Xxxxxxx and Vice President for Academic Affairs shall notify the faculty member of the notice faculty member’s right to request a review by the Faculty Review Committee (FRC). 10.3.1.2 In order to initiate such an appeal to the FRC, the faculty member must communicate a written request for the contemplated action review to the Xxxxxxx and all documents Vice President for Academic Affairs within fourteen (14) calendar days. 10.3.1.3 Upon receipt of a request for the FRC review, the Xxxxxxx and Vice President for Academic Affairs shall notify the FRC that will a review hearing of the case is to be considered at initiated within fourteen (14) calendar days and further that the meeting;FRC shall submit its report within three (3) calendar weeks after the conclusion of the hearing to the Xxxxxxx and Vice President . c. at such meeting 10.3.1.4 The report of the teacher may be accompanied by a representative and/or an advocate appointed by FRC shall indicate whether in its opinion there exists just cause to dismiss the Association and they faculty member. This opinion shall be entitled to hear based solely on the record established during the review hearing and to respond to all the information presented to report shall detail with reasonable particularity the Board, to receive copies of all documents placed before reasons for its opinion. 10.3.1.5 If the Board, Xxxxxxx and to ask Vice President for Academic Affairs does not concur with the Board questions of clarification, procedures and/or information; d. the decision opinion of the Board FRC, the Xxxxxxx and Vice President shall be communicated state the substantive reasons for the disagreement and shall communicate the reasons in writing to the teacher and FRC before transmitting the Association case to the Board of Trustees. 10.3.1.6 The procedures to be followed in the FRC review hearing will be established by the FRC and shall contain reasons provide due process to all participants. The faculty member is entitled to be accompanied and/or represented by a person of the faculty member’s choice from the University community. 10.3.1.7 If the faculty member is suspended before or during the FRC review hearing, the suspension shall be with pay until such time as the FRC issues its report, or should have issued its report, to the Xxxxxxx and Vice President for Academic Affairs. 10.3.1.8 Any faculty member who is recommended for dismissal may exercise the faculty member’s statutory right to address the Board of Trustees by making the appropriate request through the Office of the Secretary to the Board of Trustees. 10.3.2 The FRC is charged with and authorized to convene and conduct a hearing under the provisions of Section 10.3 within the established time limits without regard to any limitation to the contrary in the bylaws of the FRC. Should such a hearing have to be conducted after the conclusion of the winter semester, the committee membership shall consist of the members appointed for the decision. 20.8 Where the Board disciplines or dismisses a teacherimmediately preceding academic year. AMERICAN ASSOCIATION OF ON BEHALF OF THE UNIVERSITY PROFESSORS-NORTHERN NORTHERN MICHIGAN UNIVERSITY MICHIGAN UNIVERSITY CHAPTER BOARD OF TRUSTEES Dr. Xxxxx Xxxxxxx Dr. Xxxx Xxxx Professor of Political Science Xxxx, the teacher shall have the option College of referring the matter directly to Article A.6.7.Professional Studies

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board shall not discipline or dismiss any person bound by this agreement except for just and reasonable cause. 20.2 The right to dismiss a teacher rests with the Board and may not be delegated to the Superintendent, an assistant superintendent, a Principal/Vice-Principalan administrative officer, or any other employee of the Board. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to any other employee of the Board. 20.4 Where an employee is under investigation by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled to be present, in respect of which: a. the teacher and the Association shall be given at least 72 hours notice of the meeting; b. at the time such notice is given, the teacher and the Association shall be given a statement in writing of the grounds known at the time of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decision. 20.8 Where the Board disciplines or dismisses a teacher, the teacher shall have the option of referring the matter directly to Article A.6.7.

Appears in 1 contract

Samples: Provincial Collective Agreement

DISCIPLINE AND DISMISSAL. 20.1 The Board (a) No employee shall not discipline receive a written reprimand or dismiss written warning, be suspended, demoted or dismissed for any person bound by this agreement reason except for just and reasonable cause. 20.2 The (b) Notwithstanding subparagraph (a) above, the Employer retains the right to dismiss terminate the employment of a teacher rests probationary employee at its sole discretion, with or without cause. In cases where the Board and termination of the employee may not be delegated result from performance concerns, the Employer shall communicate these concerns to the Superintendent, an assistant superintendent, Union within a Principal/Vice-Principal, or any other employee reasonable time period prior to the end of the Boardprobationary period. The Employer’s decision shall be upheld unless the Union can establish that the decision was made arbitrarily or in bad faith. This shall constitute a lesser standard that just cause. 20.3 The right to suspend a teacher rests with the Board but may be delegated to the Superintendent or an assistant superintendent, and not to (a) At any other employee meeting between management of the Board. 20.4 Where Employer and an employee which is under investigation called for the explicit purpose of delivering a written warning or a disciplinary suspension or dismissal, the Union Xxxxxxx shall, unless the employee objects, be invited by the Board for any cause, the employee and the Association shall be advised in writing of the fact at the earliest reasonable time. 20.5 Teachers shall be accompanied by a member of the Association and/or an advocate appointed by the Association to all meetings regarding actions under this Article. If the teacher does not attend a meeting regarding actions under this article, the meeting will proceed with an Association representative present. 20.6 Where a teacher is suspended or dismissed, unless required by law, no information in respect of the suspension or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Association. 20.7 The Board shall not dismiss any person bound by this agreement unless it has, prior to taking such action, held a meeting of the Board, with the teacher entitled Sales Manager to be present, in respect of which: a. the teacher and the Association . The Xxxxxxx shall be given at least 72 hours reasonable notice of such meetings. This provision does not apply to written warnings related to the meeting;employees’ sales performance. Failure to comply with this provision shall not have any impact on the validity of the discipline. However, if the Xxxxxxx did not receive reasonable notice and was unable to attend, the Manager shall hold a second meeting for the Xxxxxxx and the employee. b. (b) Where circumstances required the spontaneous imposition of discipline, the Employer shall advise the employee's Union Xxxxxxx as soon thereafter as possible. 10.03 The Employer agrees to provide the employee, his/her Union Xxxxxxx and the Chief Xxxxxxx/Business Representative with written notification of any disciplinary measure or dismissal and the reasons for such measure, at the time such notice it is giventaken or as soon thereafter as possible in the case of a written reprimand, written warning, dismissal or demotion, and within 1 week in the case of a suspension. 10.04 Any employee may grieve a disciplinary measure or dismissal, as referred to in Paragraph 10.01, which he/she feels is unwarranted, in accordance with the provisions of Article 11. 10.05 In the case of a dismissal, the teacher matter may be referred directly to the grievance procedure as provided in Article 11. 10.06 All disciplinary measures referred to in Paragraph 10.01 shall form and the Association shall be given a statement in writing become part of the grounds known at the time disciplinary record of the notice for the contemplated action and all documents that will be considered at the meeting; c. at such meeting the teacher may be accompanied by a representative and/or an advocate appointed by the Association and they shall be entitled to hear and to respond to all the information presented to the Board, to receive copies of all documents placed before the Board, and to ask the Board questions of clarification, procedures and/or information; d. the decision of the Board shall be communicated in writing to the teacher and the Association and shall contain reasons for the decisionemployee. 20.8 Where the Board disciplines or dismisses a teacher, the teacher 10.07 An employee shall have the option right to inspect his/her disciplinary record after making suitable arrangements with their Sales Manager. With the employee's consent, his/her Union Xxxxxxx shall also have the right, under the same conditions, to inspect the disciplinary record where the employee grieves the imposition of referring the matter directly to Article A.6.7discipline or a dismissal.

Appears in 1 contract

Samples: Collective Agreement

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