DISCIPLINE/DISCHARGE Sample Clauses
The DISCIPLINE/DISCHARGE clause outlines the procedures and standards an employer must follow when disciplining or terminating employees. Typically, it specifies the types of conduct that may result in disciplinary action, the steps of progressive discipline (such as warnings or suspensions), and the grounds for immediate discharge. This clause ensures that both parties understand the expectations and consequences regarding workplace behavior, providing a fair and transparent process for addressing employee misconduct or performance issues.
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DISCIPLINE/DISCHARGE a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation.
b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration.
1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s).
2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee.
3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand.
d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a w...
DISCIPLINE/DISCHARGE. 21.01 The Employer may warn, suspend, demote or discharge an employee for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved, and forwarded to the office of the Union at the time they are issued.
21.02 Any disciplinary notice shall be issued only after, or during the meeting with the employee being disciplined. An employee shall be advised of the nature of the meeting prior to attending. The employee shall be accompanied by a ▇▇▇▇▇▇▇ who shall be paid for such time in accordance with Article 4.03.
21.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and is not scheduled to work within three (3) days of the incident, or if the incident giving rise to the meeting is so serious that more immediate action is warranted, he may be called in at a time when he is not scheduled to work, but shall be paid for such time during the meeting.
21.04 Any letters of warning older than twelve (12) months shall be removed from an employee’s file, provided that there is no repeat offence of the incident giving cause to the discipline during such twelve (12) month period. Any record of suspension will be removed after twenty-four (24) months, provided there is no repeat offence of the incident giving cause to the suspension during such twenty-four (24) month period.
DISCIPLINE/DISCHARGE. The College will not discharge or discipline an Employee during the term of the Employee's individual contract, or decline to offer an Employee a contract for the next Academic Year, without just cause provided, however, that this Article X shall not apply to the nonrenewal of the contract of an Employee who will not have completed more than two (2) Academic Years as an Employee of the College at the end of the current Academic Year or to the nonrenewal of a contract for the reasons set forth in Section 11.03 of Article XI of this Agreement.
DISCIPLINE/DISCHARGE. 25.01 A Shop ▇▇▇▇▇▇▇, or in the absence of a Shop ▇▇▇▇▇▇▇, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop ▇▇▇▇▇▇▇, another Shop ▇▇▇▇▇▇▇ or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit:
a) is given a reprimand which is to be entered on the employee’s personnel file;
b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop ▇▇▇▇▇▇▇ or Assistant Shop ▇▇▇▇▇▇▇ or another employee shall not invalidate the discipline, except in exceptional circumstances.
25.02 The affected employee, a Shop ▇▇▇▇▇▇▇ and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop ▇▇▇▇▇▇▇, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop ▇▇▇▇▇▇▇ and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop ▇▇▇▇▇▇▇ promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event.
25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee.
(a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period.
(b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period.
(c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.
DISCIPLINE/DISCHARGE.
16.01 No employee shall be disciplined or discharged without just cause. Where an employee has been disciplined or discharge there should be the fullest possible discussion during the investigation procedures. An investigatory hearing between the Company and the employee will take place prior to disciplinary or discharge action being taken within twenty- one (21) days of knowledge of the incident. The employee shall be informed that if they so desire, they may have the assistance of a duly accredited representative(s) of the Union at the hearing. Implementation of a suspension without pay shall be withheld until all appeal procedures requested in accordance with Article 15 and 16 have concluded. All efforts will be made to hold hearings during the employee’s regular hours of work. If the hearing cannot be held during the employee’s regular hours of work, the employee shall be paid a minimum of four (4) hours to attend the hearing. Only with the employee’s approval, the hearing may be held immediately prior to or immediately after his/her regular hours of
16.02 Any employee who has been disciplined or discharge may file a grievance in accordance with Article 16 of this Agreement. Employees will be advised in writing, together with the reasons, with a copy to the Union. When disciplinary action is taken including discharge the employee shall be advised in writing of the precise reason(s). Any grievance concerning the discharge of an employee may commence at Step 2 of the grievance procedure.
16.03 If it is considered undesirable that an employee should be allowed on Company premises and where there is doubt as to the appropriate charge/penalty, the employee may be held out of service pending the outcome of the investigation for up to a maximum of seven (7) days with pay to provide the Company with sufficient time to investigate and consider all factors.
16.04 The Company shall remove any disciplinary correspondence from an employee’s personnel file after twelve (12) months. An employee shall be entitled to review his/her personnel file by submitting a letter to the local manager and remove any letters of discipline from his/her personnel file that have expired.
16.05 The Company shall provide the District Chairperson with a copy of any letter of discipline given to an employee.
DISCIPLINE/DISCHARGE. 33.01 The Employer agrees when interviewing employees for the purpose of their work record and when said interview is to be recorded on the employee's personnel file at the Division Office, that a Shop ▇▇▇▇▇▇▇ and/or Union Representative shall be present at all times. The time taken to travel to and attend this interview is to be considered as time worked for both the employee and their Shop ▇▇▇▇▇▇▇ or designate.
33.02 The Employer agrees, when submitting written notices of warning, disciplinary action or dismissal, to give a copy to the employee concerned with a reason for same in full, and to provide the Union with a notice by fax forthwith. Employees will be required to sign written notices of warning, discipline action or dismissal, to acknowledge that they have received the document.
33.03 The Employer will remove all written disciplinary notices from the employees personnel file after eighteen (18) calendar months. The Employer shall not be able to use any such disciplinary notice against the employee at a later date. This time frame of eighteen (18) calendar months shall not include periods of layoff or periods of leaves of absence without pay.
DISCIPLINE/DISCHARGE. 13.01 JUST CAUSE - No employee shall be discharged or disciplined except for just cause. If a meeting may result in disciplinary action or discharge, the employee concerned shall be advised by the Employer that he/she has the right to have a Union ▇▇▇▇▇▇▇ present at such meeting. An employee shall be informed in writing of the reasons for disciplinary action taken against him/her.
DISCIPLINE/DISCHARGE. 25.01 A Full-time Union Representative, Shop ▇▇▇▇▇▇▇, or in the absence of a Shop ▇▇▇▇▇▇▇, another employee from the bargaining unit chosen by the employee being disciplined, shall be present when a member of the bargaining unit is being disciplined or is being discharged unless the employee waives the right.
25.02 All disciplinary meetings shall be held in private and shall take place in a location on the Employer's premises.
25.03 The affected employee and the person who attends the disciplinary meeting with them, as per 25.01, shall be given a copy of any disciplinary notice which is to be entered on the employee's personnel file and shall be given a copy of any discharge notice that is given to the employee. A copy of the disciplinary notice shall be emailed to the Union office within forty-eight (48) hours of the meeting with the affected employee.
25.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after twelve (12) calendar months from the date of receiving the discipline, as long as the 12 months is discipline free. The Employer shall not be able to use any such disciplinary notice against the employee at a later date.
25.05 The Employer agrees that upon two (2) weeks written notice, an employee, shall have the right to book a time with the employer to review their personnel files. Employees shall have access to the grievance and arbitration provisions of this agreement to dispute any entries on their file that they were not aware of at the time they were issued. Employees shall be able to make notes of documents in their personnel files when requested.
DISCIPLINE/DISCHARGE. In administering “2" above the following rules shall be adhered to by the City:
DISCIPLINE/DISCHARGE. No regular full‐time or part‐time employee shall be subject to written disciplinary action or discharge except for just cause. “Just cause” shall be defined to include the concept of progressive discipline (such as verbal and written reprimands and the possibility of suspension without pay, when appropriate). Progressive discipline shall not be applied when the nature of the offense requires immediate suspension and/or discharge. The Employer shall be the sole judge of the employee’s capability and competence; provided, however, that said judgment shall be exercised in good faith and based on established job criteria. A copy of all written disciplinary actions will be given to the employee. Employees shall be required to sign the written disciplinary action for the purpose of acknowledging receipt thereof. Employees will be given the opportunity to provide a written response to any written disciplinary actions to be included in their personnel file. An employee may require the attendance of a Unit Representative or a Union Representative during any investigatory meeting which may lead to disciplinary action. If an employee believes that a written disciplinary action or discharge is without proper cause, the employee may utilize the grievance procedure. An employee may request removal of a progressive guidance after one (1) year from Human Resources, if no further discipline of the same or similar nature has occurred. The decision to remove the progressive guidance rests solely with the Employer.
