DISCIPLINE, DISCHARGE AND SUSPENSION. An employee directed to report to their Supervisor for the purpose of being formally disciplined shall be acquainted with the purpose of the meeting and shall be notified that they have the right to be accompanied by their Shop Xxxxxxx and/or Union President or Committee Chairperson if they so desire. The Company shall notify the Union of any suspension or discharge outlining the reason for any said suspension or discharge. The Company shall confirm the disciplinary action in writing as soon as possiblethereafter. The advance notice to the Union is not required if an employee is sent off the job under Article Subject to Article hereof, no employee shall be suspended or discharged without just cause. The Supervisor shall have the authority to send an off the job pending an investigation of the case. The Supervisor will notify the Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the job, between the Employee Relations Department and the employee, accompanied by the Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with the Xxxxxxx or Union President or Shop Committee Chairperson prior to the aforementioned meeting. A decision as to disciplinary action to be taken shall be made by the Employee Relations Department within three (3) working days after such meeting. An employee with seniority who feels that they have been unjustly disciplined, short of suspension or discharge, may present a grievance at Step No. of the grievance procedure. An employee who feels that they have been unjustly suspended or unjustly discharged may present a grievance at Step No. of the grievance procedure. Failing settlement by the said grievance procedure, a grievance regarding suspension or discharge may be submitted to arbitration as provided by Article hereof and the Board of Arbitration or the Arbitrator shall make such settlement as deemed just. When a formerly disciplined employee has accumulated a period of twelve (12) clear calendar months without further disciplinary warnings and without any disciplinary action whatsoever being taken against them, any verbal and written warnings on file for this employee will be considered inactive for future disciplinary matters and may be considered in the event of an Arbitration case solely at the discretion of the Arbitrator or Board of Arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, DISCHARGE AND SUSPENSION. An employee directed to report to their Supervisor for the purpose of being formally disciplined shall be acquainted with the purpose of the meeting and shall be notified that they have 12.01 The Company reserves the right to be accompanied by their Shop Xxxxxxx and/or Union President discipline, discharge or Committee Chairperson if they so desiresuspend from employment any employee for just cause. The Company shall notify the employee and the Union of any such discipline, discharge or suspension or discharge outlining in writing within five (5) working days and shall furnish in writing the reason or reasons for any said suspension such discipline, discharge or dischargesuspension. The Company shall confirm Union must file an Appeal within five (5) working days of receipt of such written notice of discipline, discharge or suspension, or the disciplinary action in writing as soon as possiblethereafterRight of Appeal is lost. A proper Appeal will be taken through the following procedure: Step One. The advance notice to the Union is not required if an employee is sent off the job under Article Subject to Article hereof, no employee shall be suspended Plant Manager (or discharged without just cause. The Supervisor his/her Representative) shall have the authority to send an off the job pending an investigation of the case. The Supervisor will notify the Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the job, between the Employee Relations Department and the employee, accompanied by the Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with the Xxxxxxx or Union President or Shop Committee Chairperson prior to the aforementioned meeting. A decision as to disciplinary action to be taken shall be made by the Employee Relations Department within three (3) working days after such meetingto give further consideration to the Appeal. An employee Should the Union not be prepared to accept the decision arrived at by the Plant Manager at this time or should the Plant Manager fail to give a decision within three (3) days; Step Two. The Appeal then shall be immediately taken up with seniority who feels that they have been unjustly disciplined, short of suspension the Company Director-Employee and Labour Relations or discharge, may present their Representative and a grievance at Step No. Representative of the grievance procedureUnited Cement, Lime, Gypsum and Allied Workers' Division, International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers who shall have five (5) working days to settle this grievance. An employee who feels that they have been unjustly suspended or unjustly discharged may present a grievance at Step No. of Should the grievance procedurenot be settled at this stage; Step Three. Failing settlement by It shall then be immediately referred to an Arbitrator, which may:
(a) Uphold the said grievance procedure, a grievance regarding suspension Company's action; or,
(b) Uphold the Union's Appeal and reinstate the Grievor to their former position without loss of wage rate or discharge may be submitted to arbitration seniority and with full pay for all time lost; or,
(c) Award such lesser penalty as provided by Article hereof and the Board of Arbitration or the Arbitrator may deem fair and proper.
12.02 Any disciplinary action placed upon any employee's record shall make such settlement as deemed just. When a formerly disciplined employee has accumulated be removed from the employee's record after a period of twelve two (122) clear calendar months without further years from the date of the offence. Copies of all disciplinary warnings and without any disciplinary action whatsoever being taken against themactions placed
12.03 Where a difference arises between the Parties relating to individual employee discipline, any verbal and written warnings on file for this employee will be considered inactive for future disciplinary matters and may be considered suspension, or dismissal, a mutually agreed upon person shall, at the request of either Party:
(a) Investigate the difference; and
(b) Define the issue in the event of an Arbitration case solely at difference; and
(c) Make written recommendations to resolve the discretion of the Arbitrator or Board of Arbitration.difference within five
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, DISCHARGE AND SUSPENSION. An employee directed to report to their Supervisor
13.01 It is recognized that probationary employees may be released for reasons less serious than in the purpose of being formally disciplined shall be acquainted with the purpose case of the meeting discharge of an employee who has completed the probationary period and shall accordingly, the release will not be notified subject to the Grievance Procedure, unless it can be shown that they have the right decision to be accompanied by their Shop Xxxxxxx and/or Union President discharge was arbitrary, discriminatory or Committee Chairperson if they so desire. The Company shall notify made in bad faith.
13.02 In the Union of event that an employee is suspended or discharged for any reason, the University agrees to confirm such suspension or discharge outlining and the reason for any said suspension or discharge. The Company shall confirm the disciplinary action thereof in writing to the employee and to the Union as soon as possiblethereafteris reasonably possible thereafter.
13.03 The Union will receive a copy of all written letters of discipline given to employees.
13.04 It is agreed that a written a letter of warning within the employee’s Human Resources file shall be removed after an eighteen (18) month period, provided that no further disciplinary action has been taken within that eighteen (18) month period. The advance notice A written record of a disciplinary suspension shall be retained in an employee’s Human Resources file for a period of twenty-four (24) months provided that no further disciplinary action has been taken within that twenty- four (24) month period. Any reply by the employee will be addressed to the Union is not required if an employee is sent off Director of Staff Relations and will be appended to the job under Article Subject to Article hereof, no employee shall be suspended or discharged without just cause. The Supervisor shall have letter confirming the authority to send an off the job pending an investigation discipline and will form part of the case. The Supervisor will notify the Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the job, between the Employee Relations Department and the employee, accompanied by the Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with the Xxxxxxx or Union President or Shop Committee Chairperson prior to the aforementioned meeting. A decision as to disciplinary action to be taken shall be made by the Employee Relations Department within three (3) working days after such meeting. An employee with seniority who feels that they have been unjustly disciplined, short ’s record.
13.05 In all cases of suspension or discharge, may present Management will seize an employee’s badge along with all use of force equipment.
13.06 The University will not introduce as evidence in a grievance at Step No. of the grievance procedure. An employee who feels that they have been unjustly suspended or unjustly discharged may present a grievance at Step No. of the grievance procedure. Failing settlement by the said grievance procedure, a grievance regarding suspension or discharge may be submitted hearing relating to arbitration as provided by Article hereof and the Board of Arbitration or the Arbitrator shall make such settlement as deemed just. When a formerly disciplined employee has accumulated a period of twelve (12) clear calendar months without further disciplinary warnings and without any disciplinary action whatsoever being taken against themany document, any verbal and written warnings on file for the existence of which the employee was not aware. For the purpose of this article an employee will be considered inactive for future disciplinary matters and may to be considered aware of a document when it has been presented to the Union through disclosure or pre- hearing production.
13.07 An employee has the right to representation by the Union in any investigation meeting that could result in the event imposition of an Arbitration case solely at discipline. Prior to any such meeting, the discretion Employer shall make the employee aware of their right to Union representation. If representation is requested, no further discussion will take place with the employee on the matters in question, until Union representative is present. The Union agrees to provide a representative in a timely manner so as not delay or prejudice the proceedings.
13.08 An employee who is named as a respondent in a complaint filed by a member of the Arbitrator University community or Board the public at large with respect to the discharge of Arbitrationtheir duties will be provided with a written copy or summary of the complaint. An employee will have the right to request a Union representative during any investigatory meetings into the alleged complaint. The Union will undertake to provide a representative in a timely manner so as not delay or prejudice the proceedings. Where an informal resolution is not achieved or when the complaint is of a severity for which informal resolution is not appropriate, the University will undertake to conduct the investigation into such allegations, and to report on its findings in a timely manner. The employee or the Union, on their behalf may make a written request to the Director, Campus Safety Office, Emergency Services and Fire Safety for information related to the investigation.
13.09 When discipline is to be imposed, or a meeting could lead to disciplinary action, an employee will be advised of their right to Union representation. The University will notify the employee of the reasons for the meeting, and the allegations faced, in advance.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, DISCHARGE AND SUSPENSION. 11.01 An employee directed to report to their Supervisor for the purpose of being formally disciplined shall be acquainted with the purpose of the meeting and shall be notified that they have the right to be accompanied by their Shop Xxxxxxx and/or Union President or Shop/Office Committee Chairperson if they so desire. .
11.02 The Company shall notify the Union of any suspension or discharge outlining the reason for any said suspension or discharge. The Company shall confirm the disciplinary action in writing as soon as possiblethereafterpossible thereafter. The advance notice to the Union is not required if an employee is sent off the job under Article 11.04.
11.03 Subject to Article 12.02 hereof, no employee shall be suspended or discharged without just cause. .
11.04 The Supervisor shall have the authority to send an employee(s) off the job pending an investigation of the case. The Supervisor will notify the Shop/Office Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the job, between the Employee Relations Department and the employee, accompanied by the Shop/Office Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with the Shop/Office Xxxxxxx or Union President or Shop Committee Chairperson prior to the aforementioned meeting. A decision as to disciplinary action to be taken shall be made by the Employee Relations Department within three (3) working days after such meeting. .
11.05 An employee with seniority who feels that they have been unjustly disciplined, short of suspension or discharge, may present a grievance at Step No. 1 of the grievance procedure. An employee who feels that they have been unjustly suspended or unjustly discharged may present a grievance at Step No. 3 of the grievance procedure. .
11.06 Failing settlement by the said grievance procedure, a grievance regarding suspension or discharge may be submitted to arbitration as provided by Article 10.00 hereof and the Board of Arbitration or the Arbitrator shall make such settlement as deemed just. .
11.07 When a formerly disciplined employee has accumulated a period of twelve (12) clear calendar months without further disciplinary warnings and without any disciplinary action whatsoever being taken against them, any verbal and written warnings on file for this employee will be considered inactive for future disciplinary matters and may be considered in the event of an Arbitration case solely at the discretion of the Arbitrator or Board of Arbitration.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, DISCHARGE AND SUSPENSION. An employee directed to report to their Supervisor 13.01 It is recognized that probationary employees may be released for reasons less serious than in the purpose of being formally disciplined shall be acquainted with the purpose case of the meeting discharge of an employee who has completed the probationary period and shall accordingly, the release will not be notified subject to the Grievance Procedure, unless it can be shown that they have the right decision to be accompanied by their Shop Xxxxxxx and/or Union President discharge was arbitrary, discriminatory or Committee Chairperson if they so desire. The Company shall notify made in bad faith.
13.02 In the Union of event that an employee is suspended or discharged for any reason, the University agrees to confirm such suspension or discharge outlining and the reason for any said suspension or discharge. The Company shall confirm the disciplinary action thereof in writing to the employee and to the Union as soon as possiblethereafteris reasonably possible thereafter.
13.03 The Union will receive a copy of all written letters of discipline given to employees.
13.04 It is agreed that a written a letter of warning within the employee’s Human Resources file shall be removed after an eighteen (18) month period, provided that no further disciplinary action has been taken within that eighteen (18) month period. The advance notice A written record of a disciplinary suspension shall be retained in an employee’s Human Resources file for a period of twenty-four (24) months provided that no further disciplinary action has been taken within that twenty-four (24) month period. Any reply by the employee will be addressed to the Union is not required if an employee is sent off Director of Staff Relations and will be appended to the job under Article Subject to Article hereof, no employee shall be suspended or discharged without just cause. The Supervisor shall have letter confirming the authority to send an off the job pending an investigation discipline and will form part of the case. The Supervisor will notify the Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the job, between the Employee Relations Department and the employee, accompanied by the Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with the Xxxxxxx or Union President or Shop Committee Chairperson prior to the aforementioned meeting. A decision as to disciplinary action to be taken shall be made by the Employee Relations Department within three (3) working days after such meeting. An employee with seniority who feels that they have been unjustly disciplined, short ’s record.
13.05 In all cases of suspension or discharge, may present Management will seize an employee’s badge along with all use of force equipment.
13.06 The University will not introduce as evidence in a grievance at Step No. of the grievance procedure. An employee who feels that they have been unjustly suspended or unjustly discharged may present a grievance at Step No. of the grievance procedure. Failing settlement by the said grievance procedure, a grievance regarding suspension or discharge may be submitted hearing relating to arbitration as provided by Article hereof and the Board of Arbitration or the Arbitrator shall make such settlement as deemed just. When a formerly disciplined employee has accumulated a period of twelve (12) clear calendar months without further disciplinary warnings and without any disciplinary action whatsoever being taken against themany document, any verbal and written warnings on file for the existence of which the employee was not aware. For the purpose of this article an employee will be considered inactive for future disciplinary matters and may to be considered aware of a document when it has been presented to the Union through disclosure or pre-hearing production.
13.07 An employee has the right to representation by the Union in any investigation meeting that could result in the event imposition of an Arbitration case solely at discipline. Prior to any such meeting, the discretion Employer shall make the employee aware of their right to Union representation. If representation is requested, no further discussion will take place with the employee on the matters in question, until Union representative is present. The Union agrees to provide a representative in a timely manner so as not delay or prejudice the proceedings.
13.08 An employee who is named as a respondent in a complaint filed by a member of the Arbitrator University community or Board the public at large with respect to the discharge of Arbitrationtheir duties will be provided with a written copy or summary of the complaint. An employee will have the right to request a Union representative during any investigatory meetings into the alleged complaint. The Union will undertake to provide a representative in a timely manner so as not delay or prejudice the proceedings. Where an informal resolution is not achieved or when the complaint is of a severity for which informal resolution is not appropriate, the University will undertake to conduct the investigation into such allegations, and to report on its findings in a timely manner. The employee or the Union, on their behalf may make a written request to the Director, Campus Community Police, Emergency Services and Fire Safety for information related to the investigation.
13.09 When discipline is to be imposed, or a meeting could lead to disciplinary action, an employee will be advised of their right to Union representation. The University will notify the employee of the reasons for the meeting, and the allegations faced, in advance.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, DISCHARGE AND SUSPENSION. 28.1 The Employer shall have the unquestioned right to discharge any new employee during said employee's probationary period of one hundred twenty (120) calendar days. With respect to employees who have established their seniority, suspension, discharge or discipline of any such employee may be made only for just cause and in accordance with the following provisions:
1. Oral Reprimand
2. Written Reprimand
3. Suspension without pay 4. Demotion where appropriate 5. Discharge
28.2 All charges (other than those which would result in an oral reprimand) against an employee
28.3 In the event the Employer suspends, or discharges any employee as a result of such charges, the Local Union President shall immediately be notified in writing and the matter shall be referred to the third step of the grievance procedure.
28.4 An employee directed may be suspended with pay for a period not to report to their Supervisor exceed thirty (30) days for the purpose of being formally disciplined shall investigating a charge of misconduct.
28.5 In the event the employee is dismissed, demoted or suspended, and such employee appeals such action and his/her appeal is sustained, he/she will be acquainted with the purpose of the meeting restored to his/her former position and shall be notified that they have compensated for any contractual losses suffered by such suspension, demotion or dismissal.
28.6 No hearing shall be public except by mutual agreement of the right to be accompanied by their Shop Xxxxxxx and/or Union President or Committee Chairperson if they so desire. The Company shall notify Employer, the Union of any suspension or discharge outlining and the reason for any said suspension or discharge. employee involved.
28.7 The Company shall confirm the disciplinary action in writing as soon as possiblethereafter. The advance notice to the Union is not required if an employee is sent off the job under Article Subject to Article hereof, no employee shall be suspended or discharged without just cause. The Supervisor shall have represented by the authority to send an off the job pending an investigation of the case. The Supervisor will notify the Xxxxxxx or Union President or Shop Committee Chairperson of such action as soon as possible. A meeting will be held as soon as possible following the day the employee was sent off the jobUnion, between the Employee Relations Department and the employee, accompanied by the Xxxxxxx or Union President or Shop Committee Chairperson. An employee who has been sent off the job shall have the right to meet with designate counsel to represent it and the Xxxxxxx or Union President or Shop Committee Chairperson prior employee. In a like manner, the Employer and the person filing the charges shall have the right to the aforementioned meeting. retain counsel.
28.8 A decision as to disciplinary action to be taken decision, in writing, shall be made by the Employee Relations Department within three ten (310) working days after the termination of the hearing. A copy of such meeting. An decision shall immediately thereafter be furnished to the Union and to the employee involved, by certified mail, return receipt requested, or hand delivered with seniority who receipt required.
28.9 In the event the Union feels that they have been unjustly disciplined, short of suspension or discharge, may present a grievance at Step No. the decision of the grievance procedureEmployer is an improper one, it shall have the right to refer the matter to arbitration. An employee who feels that they The arbitrator shall have been unjustly suspended or unjustly discharged may present a grievance at Step No. of the grievance procedure. Failing settlement by the said grievance procedure, a grievance regarding suspension or discharge may be submitted right to arbitration as provided by Article hereof and the Board of Arbitration or the Arbitrator shall make such settlement as deemed just. When a formerly disciplined employee has accumulated a period of twelve (12) clear calendar months without further disciplinary warnings and without any disciplinary action whatsoever being taken against them, any verbal and written warnings on file for this employee will be considered inactive for future disciplinary matters and may be considered in the event of an Arbitration case solely at the discretion of the Arbitrator or Board of Arbitration.determine
Appears in 1 contract
Samples: Collective Bargaining Agreement