Probationary Period A newly hired employee or a former employee who is rehired, except as otherwise provided herein, shall be on a probationary period for the first ninety (90) working days of his/her employment or re-employment. An employee who has been voluntarily or involuntarily transferred to another position covered by this Agreement shall be a probationary employee for the first ninety (90) working days of his/her employment in that position. An employee that has been transferred from a District position that is not covered by this Agreement shall be a probationary employee for the first ninety (90) working days of his/her employment in a position covered by this contract. The probationary employee shall accrue no seniority during the probationary period. The District shall have the right to discharge a 90 day probationary employee during the probationary period, and such employee shall not have recourse to the grievance procedure. If an employee is promoted, or is transferred to a new position within the District, that employee shall serve a period of probation of ninety (90) working days in that new position. If the employee does not successfully complete that period of probation, the employee will return to the identical job classification, at the same salary level, with the same level of seniority and the same job skills classification, which the employee had before the promotion or transfer. The employee will not necessarily be returned to the same job which the employee had before the promotion or transfer, however. A probationary employee, who voluntarily requests to be returned to the employee’s previous position will be permitted to do so only at the discretion of the Aberdeen School District. Upon the completion of the probationary period, the employee shall be added to the seniority list as of the last date of hire. The successful completion of the probationary period should not be construed as creating a contract or as guaranteeing employment for any specific duration or as establishing a just cause termination standard.
DISCIPLINE/DISCHARGE 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx 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 Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstances.
25.02 The affected employee, a Shop Xxxxxxx 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 Xxxxxxx, 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 Xxxxxxx 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 Xxxxxxx 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.
Rejection During Probation
(a) The Employer may reject any probationary employee for just cause. A rejection during probation shall not be considered a dismissal for the purpose of Clause 10.
Promotional Probationary Period An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights.
Probationary Periods Employees transferring to a different title will serve a six (6) calendar month probationary period. In the event the probationary period is not satisfactorily completed, the affected employee shall be returned to Job Bank assignment and the employee’s “bumping”, layoff or transfer rights under the Agreement or other applicable authority shall be restored to the same extent such rights existed prior to the employee taking the probationary position. Upon the affected employee’s first such return to the Job Bank, the employee shall be entitled to remain in the Job Bank for the greater of ten (10) business days, or the duration of the applicable Job Bank period, as determined under Article I, paragraph 2, that remained as of the date the employee began in the probationary position. The rate of compensation for the remainder of the employee’s time in the Job Bank will be the same as the rate in effect as of the employee’s last day in the probationary position. Return to the Job Bank terminates the employee’s work in the probationary assignment and, therefore, time served following the return to the Job Bank shall not be construed to count toward the completion of the probationary period.
Completion of Probationary Period An employee who has completed the probationary period may be suspended without pay or discharged only for cause. An employee who has completed the probationary period and is suspended without pay or discharged shall have access to the grievance procedure.
Extension of Probationary Period III.6.3.3.1 Notwithstanding the various provisions above which define a maximum period of probationary service, a member who has had a pregnancy leave during her probationary period under IV.13.6.2
DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
Dismissal/Suspension for Alleged Cause Employees dismissed or suspended for alleged cause shall have the right within seven (7) calendar days after the date of dismissal or suspension to initiate a grievance at Step Three of the grievance procedure.
DISMISSAL, SUSPENSION AND DISCIPLINE 14 ARTICLE 12 - SENIORITY 16
