Common use of DISCIPLINE, DISCHARGE OR SUSPENSION Clause in Contracts

DISCIPLINE, DISCHARGE OR SUSPENSION. The Operator shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. Grounds for discipline or discharge, including immediate discharge are set forth in the Operator’s Employee Handbook. Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct patient information cannot be released without the express approval by the resident. Any probationary employee may be discharged or disciplined by the Operator in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. With regard to progressive discipline for all matters other than mistreatment of a resident, in the event that the employee completes a 365 consecutive day period without other incidents, any disciplines of such employee within the period preceding the three-hundred and sixty-five (365) consecutive day period cannot be used for purposes of progressive discipline. A Union Field Representative or advocate may meet and discuss any disciplinary action of a Union member with the Operator. The Operator retains the unilateral right to determine final resolution regardless of the meeting outcome. Arbitration shall apply only to discharge of an employee. Employees shall be notified of their right to request union representation by the Operator at the beginning of any investigatory or disciplinary meeting. Employees will be provided with a copy of any written notice of discipline action.

DISCIPLINE, DISCHARGE OR SUSPENSION. The Operator Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. Grounds for discipline or discharge, including immediate discharge are set forth in the OperatorEmployer’s Employee Handbook. Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee grievance which involves direct patient information cannot be released without the express approval by the resident. Any probationary employee may be discharged or disciplined by the Operator Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. With regard to progressive discipline for all matters other than mistreatment of a resident, in the event that the employee completes a 365 consecutive day period without other incidents, any disciplines of such employee within the period preceding the three-hundred and sixty-five (365) consecutive day period cannot be used for purposes of progressive discipline. A Union Field Representative or advocate may meet and discuss any disciplinary action of a Union member with the OperatorEmployer. The Operator Employer retains the unilateral right to determine final resolution regardless of the meeting outcome. Arbitration shall apply only to discharge of an employee. Employees shall be notified of their right to request union representation by the Operator Employer at the beginning of any investigatory or disciplinary meeting. Employees will be provided with a copy of any written notice of discipline action.