Common use of DISCIPLINE AND PERSONNEL FILES Clause in Contracts

DISCIPLINE AND PERSONNEL FILES. 17.01 No Employee shall be disciplined except for just and sufficient cause. Disputes over what constitutes just and sufficient cause shall be resolved through the grievance and arbitration procedure contained in the Collective Agreement. 17.02 An Employee shall have the right of Union representation during any meeting for disciplinary purposes with the Employer, including any meeting to investigate an incident for possible disciplinary action. The Employer shall give advance notice in writing to the Employee (with a copy to the President of the Union Local or designate) of the nature of the meeting, shall advise the Employee of the right to Union representation, and shall provide a reasonable period of time (at least two (2) days), for the Employee to acquire such representation. The Employee and, or, Union Representative (if present) shall be given an opportunity to be heard at such meeting. 17.03 The above does not preclude an Employee from requesting Union representation at any meeting called by the Employer. During any such meeting, either party may terminate it where it appears the meeting must change to an investigation for disciplinary purposes. In this case, notice shall be provided in accordance with Article 17.02. Failure to terminate a meeting under this Article shall not be subject, first, to Article 19-Grievance Procedure or Article 20 -Arbitration; and second, shall have no impact on the outcome of a subsequent disciplinary investigation. 17.04 The value of progressive discipline, with the aim of being corrective in application, is recognized by all parties. Disciplinary action may include, but is not limited to: 17.05 All documents with respect to the discipline of an Employee will be provided to the Employee and copied to the Union Local within three (3) days. At that time a copy, subject to the grievance and arbitration process, shall be placed in the Employee’s Personnel File. Confidential copies shall only be distributed as required for administrative purposes related to employment. In such cases the Employee and the Local President, or designate, shall also receive a copy indicating the distribution list.

DISCIPLINE AND PERSONNEL FILES. ‌ 17.01 No Employee shall be disciplined except for just and sufficient cause. Disputes over what constitutes just and sufficient cause shall be resolved through the grievance and arbitration procedure contained in the Collective Agreement. 17.02 An Employee shall have the right of Union representation during any meeting for disciplinary purposes with the Employer, including any meeting to investigate an incident for possible disciplinary action. The Employer shall give advance notice in writing to the Employee (with a copy to the President of the Union Local or designate) of the nature of the meeting, shall advise the Employee of the right to Union representation, and shall provide a reasonable period of time (at least two (2) days), for the Employee to acquire such representation. The Employee and, or, Union Representative (if present) shall be given an opportunity to be heard at such meeting. 17.03 The above does not preclude an Employee from requesting Union representation at any meeting called by the Employer. During any such meeting, either party may terminate it where it appears the meeting must change to an investigation for disciplinary purposes. In this case, notice shall be provided in accordance with Article 17.02. Failure to terminate a meeting under this Article shall not be subject, first, to Article 19-Grievance Procedure or Article 20 -Arbitration; and second, shall have no impact on the outcome of a subsequent disciplinary investigation. 17.04 The value of progressive discipline, with the aim of being corrective in application, is recognized by all parties. Disciplinary action may include, but is not limited to: 17.05 All documents with respect to the discipline of an Employee will be provided to the Employee and copied to the Union Local within three (3) days. At that time a copy, subject to the grievance and arbitration process, shall be placed in the Employee’s Personnel File. Confidential copies shall only be distributed as required for administrative purposes related to employment. In such cases the Employee and the Local President, or designate, shall also receive a copy indicating the distribution list.