Common use of Discipline and Grievance Procedure Clause in Contracts

Discipline and Grievance Procedure. Employees will not be disciplined for or discharged for major offenses without a fair and impartial hearing. Investigations in connection with alleged irregularities will be held as quickly as possible. Employees may be held out of service for investigation (not exceeding three working days). Except as provided under Article "Corrective Behaviour Informal Investigation", when a formal investigation to be held, the employee and the designated Union representative will be given at least (48) hours notice of the investigation and will be notified of the time, place, and subject matter of such investigation. (A copy of the notice for an investigation will be given to the local chairperson.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for investigation occurs, shall be prevented from holding an immediate investigation. Employees may only, if they desire, have the assistance at the investigation of one or two co-workers, which could include their local chairperson or authorized committee members of the union who are employees of the Company. At the beginning of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee and the authorized representative will be given an opportunity through the presiding to ask relevant questions of the witnesses present at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all evidence presented. The decision will be rendered within calendar days from the date the statement taken from the employee being investigated. Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offense. Corrective Behaviour Process This process is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a major offense. Before an informal discussion takes place, related to discipline, the employee will be offered union representation for the informal process. Minor incidents may be handled without the necessity of a formal investigation. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessed. The Company and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more xxxxxx marks. Such incidents will be investigated as quickly as possible by a proper of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion shall be recorded on an incident report which shall contain the following information: DATE: LOCATION: EMPLOYEE'S NAME AND PIN: SUPERVISORS NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEES REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee's file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within fourteen (14) calendar days from the date the incident is reviewed with the employee concerned. Should the employee disagree with the discipline assessed at this stage, the employee so notified may initiate an appeal of the discipline in accordance with the provisions of Step of the grievance procedure. Should the employee disagree with any of the conclusions reached by the Company during the informal process, the employee (or their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Company that they require that a formal investigation be held pursuant to this Agreement which will then be held without undue delay. In such instances the incident report and the discipline assessed through the informal process will be considered null and void. Should employees be exonerated they shall be paid at their regular rate of pay for any time lost (one day for each hours), less any amount earned in other employment. If away from home they shall, on production of receipts, be reimbursed reasonable expenses for traveling to and from the investigation. Any complaint raised by employees concerning the interpretation, application or alleged violation of this agreement shall be dealt with in the following manner; this shall also apply to employees who believe that they have been unjustly dealt with: Step Within fourteen (14) calendar days from cause of grievance the employee and/or the Local Chairperson, or the authorized committee member, may present the grievance in writing to the immediate Supervisor who will give a decision within fourteen (14) calendar days of receipt of grievance. Step Within twentyeight (28) calendar days of receiving decision under Step the Local Chairpersons or their designate of the Union may appeal in writing to the Designated Senior Functional Officers identified in the letter given to the Union on March A decision will be rendered within twentyeight (28) calendar days of receiving appeal. Step Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each party will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the collective agreement, the statement shall identify the article and paragraph of the article involved.

Appears in 2 contracts

Samples: sp.ltc.gov.on.ca, negotech.labour.gc.ca

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Discipline and Grievance Procedure. Employees will not be disciplined for or discharged for major offenses without a fair and impartial hearing. Investigations in connection with alleged irregularities will be held as quickly as possible. Employees may be held out of service for investigation (not exceeding three working days). Except as provided under Article "Corrective Behaviour Informal Investigation", when a formal investigation is to be held, the employee and the designated Union representative will be given at least forty-eight (48) hours notice of the investigation and will be notified of the time, place, and subject matter of such investigation. (A copy of the notice for an investigation will be given to the local chairperson.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for investigation occurs, shall be prevented from holding an immediate investigation. Investigations will be held during the employee's regular hours, as far as practicable. Investigations held outside the employee's hours will not be null and void. Employees may only, if they so desire, have the assistance at the investigation of one or two co-co- workers, which could include their local chairperson or authorized committee members of the union who are employees of the Company. At the beginning of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee and the authorized representative will be given an opportunity through the presiding officer to ask relevant questions of the witnesses present at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all evidence presented. The decision will be rendered within calendar days from the date the statement is taken from the employee being investigated. Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offense. Corrective Behaviour Informal Process This process is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a major offense. Before an informal discussion takes place, related to discipline, the employee will be offered union representation for the informal process. Minor incidents may be handled without the necessity of a formal investigation. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessed. The Company and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more xxxxxx demerit marks. Such incidents will be investigated as quickly as possible by a proper of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion shall be recorded on an incident report which shall contain the following information: DATE: LOCATION: EMPLOYEE'S ’S NAME AND PIN: SUPERVISORS SUPERVISOR’S NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEES EMPLOYEE’S REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee's ’s file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within fourteen (14) calendar days from the date the incident is reviewed with the employee concerned. Should the employee disagree with the discipline assessed at this stage, the employee so notified may initiate an appeal of the discipline in accordance with the provisions of Step of the grievance procedure. Should the employee disagree with any of the conclusions reached by the Company during the informal process, the employee (or their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Company that they require that a formal investigation be held pursuant to this Agreement which will then be held without undue delay. In such instances the incident report and the discipline assessed through the informal process will be considered null and void. Should employees be exonerated they shall be paid at their regular rate of pay for any time lost (one day for each hours), less any amount earned in other employment. If away from home they shall, on production of receipts, be reimbursed reasonable expenses for traveling to and from the investigation. Any complaint raised by employees concerning the interpretation, application or alleged violation of this agreement shall be dealt with in the following manner; this shall also apply to employees who believe that they have been unjustly dealt with: Step Within fourteen (14) calendar days from cause of grievance the employee and/or the Local Chairperson, or the authorized committee member, may present the grievance in writing to the immediate Supervisor who will give a decision within fourteen (14) calendar days of receipt of grievance. Step Within twentyeight twenty-eight (28) calendar days of receiving decision under Step the Local Chairpersons or their designate of the Union may appeal in writing to the Designated Senior Functional Officers identified in the letter given to the Union on March A decision will be rendered within twentyeight (28) calendar days of receiving appeal. Step Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each party will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the collective agreement, the statement shall identify the article and paragraph of the article involved.

Appears in 1 contract

Samples: Agreement

Discipline and Grievance Procedure. Employees will not be disciplined for or discharged for major offenses without a fair and impartial hearing. Investigations in connection with alleged irregularities will be held as quickly as possible. Employees may be held out of service for investigation (not exceeding three working days). Except as provided under Article "Corrective Behaviour Informal Investigation", when a formal investigation is to be held, the employee and the designated Union representative will be given at least (48) hours notice of the investigation and will be notified of the time, place, and subject matter of such investigation. (A copy of the notice for an investigation will be given to the local chairperson.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for investigation occurs, shall be prevented from holding an immediate investigation. Employees may only, if they so desire, have the assistance at the investigation of one or two co-workers, which could include their local chairperson or authorized committee members of the union who are employees of the Company. At the beginning of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee and the authorized representative will be given an opportunity through the presiding officer to ask relevant questions of the witnesses present at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all evidence presented. The decision will be rendered within calendar days from the date the statement is taken from the employee being investigated. Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offense. Corrective Behaviour Informal Process This process is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a major offense. Before an informal discussion takes place, related to discipline, the employee will be offered union representation for the informal process. Minor incidents may be handled without the necessity of a formal investigation. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessed. The Company and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more xxxxxx demerit marks. Such incidents will be investigated as quickly as possible by a proper of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion shall be recorded on an incident report which shall contain the following information: DATE: LOCATION: EMPLOYEE'S ’S NAME AND PIN: SUPERVISORS NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEES EMPLOYEE’S REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee's ’s file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within fourteen (14) calendar days from the date the incident is reviewed with the employee concerned. Should the employee disagree with the discipline assessed at this stage, the employee so notified may initiate an appeal of the discipline in accordance with the provisions of Step of the grievance procedure. Should the employee disagree with any of the conclusions reached by the Company during the informal process, the employee (or their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Company that they require that a formal investigation be held pursuant to this Agreement which will then be held without undue delay. In such instances the incident report and the discipline assessed through the informal process will be considered null and void. Should employees be exonerated they shall be paid at their regular rate of pay for any time lost (one day for each hours), less any amount earned in other employment. If away from home they shall, on production of receipts, be reimbursed reasonable expenses for traveling to and from the investigation. Any complaint raised by employees concerning the interpretation, application or alleged violation of this agreement shall be dealt with in the following manner; this shall also apply to employees who believe that they have been unjustly dealt with: Step Within fourteen (14) calendar days from cause of grievance the employee and/or the Local Chairperson, or the authorized committee member, may present the grievance in writing to the immediate Supervisor who will give a decision within fourteen (14) calendar days of receipt of grievance. Step step Within twentyeight (28) calendar days of receiving decision under Step the Local Chairpersons or their designate of the Union may appeal in writing to the Designated Senior Functional Officers identified in the letter given to the Union on March A decision will be rendered within twentyeight (28) calendar days of receiving appeal. Step step Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each party will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the collective agreement, the statement shall identify the article and paragraph of the article involved.

Appears in 1 contract

Samples: negotech.labour.gc.ca

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Discipline and Grievance Procedure. Employees An employee, who has completed his probationary will not be disciplined for or discharged for major offenses without a fair and impartial hearinginvestigation. Investigations Investigation in connection with alleged irregularities will be held as quickly as possible. Employees An employee may be held out of service for investigation (not exceeding three working days). Except as provided under Article "Corrective Behaviour Informal Investigation", when a formal investigation to be held, the employee and the designated Union representative He will be given at least (48) hours hours’ notice in writing of the investigation and will be notified of the timecharges against in Where possible, place, and subject matter investigations will be held during the employee’s normal working hours. The Local Chairperson shall receive a copy of such investigationnotice. (A copy of the notice for an investigation will be given to the local chairperson.) This shall not be construed to mean that the a proper officer of the CompanyCorporation, who may be on the premises ground when the cause for investigation occurs, shall be prevented from holding making an immediate investigation. Employees may onlyAn employee may, if they desirehe so desires, have the assistance at the investigation of one or two co-workersfellow employees, which could include their local chairperson Local Chairperson or authorized committee members of Committee person, at the union who are employees of the Company. At the beginning of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introducedinvestigation. The employee and the authorized representative will being investigated shall be given an opportunity through the presiding to ask relevant questions calendar furnished a of the witnesses present his own statement, is made a matter of record at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all evidence presentedinvestigation. The decision will be rendered within calendar days from the date the statement is taken from the employee being investigatedNo discipline will if discipline is not assessed days from the date the statement is taken. Employees will An employee not be held out of service pending the rendering of a decision, except in the case of a dismissible offense. Corrective Behaviour Process This process If a decision is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a major offense. Before unjust, an informal discussion takes place, related to discipline, the employee will be offered union representation for the informal process. Minor incidents appeal may be handled without made in within calendar days in accordance the necessity of a formal investigationGrievance Procedure. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessedSuch appeal shall set forth the grounds upon is made. The Company hearing on appeal shall be granted and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more xxxxxx marks. Such incidents will be investigated a decision rendered as quickly as possible by a proper possible. On request, the designated National or Regional of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion Union shall be recorded on an incident report which shall contain shown all evidence in the following information: DATE: LOCATION: EMPLOYEE'S NAME AND PIN: SUPERVISORS NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEES REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee's file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within fourteen (14) calendar days from the date the incident is reviewed with the employee concernedcase. Should the an employee disagree with the discipline assessed at this stage, the employee so notified may initiate an appeal of the discipline in accordance with the provisions of Step of the grievance procedure. Should the employee disagree with any of the conclusions reached by the Company during the informal process, the employee (or their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Company that they require that a formal investigation be held pursuant to this Agreement which will then be held without undue delay. In such instances the incident report and the discipline assessed through the informal process will be considered null and void. Should employees be exonerated they he shall be paid at their regular his rate of pay for any time lost (one day for each hours), less any amount earned in other employment. If away from home they he shall, on production of receipts, be reimbursed reasonable expenses for traveling travelling to and from the investigation. Any complaint raised by employees an employee concerning the interpretation, application or alleged violation of this agreement Agreement shall be dealt with in the following manner; this shall also apply to employees an employee who believe believes that they have he has been unjustly dealt with: Step . Within fourteen (14) calendar days from cause of grievance grievance, the employee and/or the Local Chairperson, or the authorized committee memberhis committeeman, may must present the grievance in writing to the immediate Supervisor who will give a decision within fourteen (14) calendar days of receipt of grievance. Step Within twentyeight (28) calendar days of receiving decision under Step the Local Chairpersons or their designate of the Union may appeal in writing to the Designated Senior Functional Officers identified in the letter given to the Union on March A decision will be rendered within twentyeight (28) calendar days of receiving appeal. Step Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each party will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the collective agreement, the statement shall identify the article and paragraph of the article involved.

Appears in 1 contract

Samples: Collective Agreement

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