Common use of DISCIPLINE/DISCHARGE Clause in Contracts

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.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Union Collective Agreement

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DISCIPLINE/DISCHARGE. 25.01 28.01 A full-time Union Representative and/or Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by of the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativedisciplined employee’s choice, 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 '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 dischargeWhere appropriate, the Union office will be mailed a copy advised of the date, time and location of such noticemeeting. Absence The above will not apply when, due to unusual circumstances an employee must be notified of a Shop Xxxxxxx discipline or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesdischarge by mail. 25.02 28.02 The affected employee, a the Shop Xxxxxxx Stewards and the Union, shall be given a copy of any disciplinary disciplinary/discharge 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 written reprimand, suspension or discharge the Employer shall notify the affected employee, and a the Shop Xxxxxxx Stewards 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 the Shop Xxxxxxx promptly Stewards immediately, and a copy of the said discipline or discharge notice shall be forwarded to the Union office via fax within two three (23) business working days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 28.03 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 requested and a copy of an employee's reply to any document contained in his or her personnel file shall be placed in the employee's expensepersonnel file. The Employer shall keep only one (1) personnel file per employee. 28.04 The record of employees shall not be used against them at any time after twelve (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (1512) months should following a suspension or disciplinary action, including letters of reprimand or any adverse reports, provided no similar offence have occurred during said additional adverse reports are written within the twelve (12) month period. If discipline (including reprimand or adverse reports) are processed for such employee within the twelve period, all will remain on file until twelve months following the date the last such discipline was issued, unless it was removed through the grievance process. (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.

Appears in 5 contracts

Samples: Union Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, 28.01 The Employer shall not discipline nor dismiss any employee who has completed their probationary period except for just cause. 28.02 All employees shall be entitled prior to the imposition of any form of discipline or discharge to be notified at a meeting with management of the reasons for considering such action. The Union Representative shall be notified by the Employer prior to the commencement of any such meeting and shall be entitled to attend if available and provided that the employee has not indicated that the employee does not wish the Union Representative to attend. Unless the employee indicates otherwise in the presence of 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 writing to their full-time Union RepresentativeRepresentative (or their designate) and/or Shop Xxxxxxx, said employee shall be present from accompanied by the beginning Shop Xxxxxxx of their choice and/or the Union Representative during said meeting. If either or both are not available within twenty-four (24) hours, the meeting when a will take place with an alternate Shop Xxxxxxx or other bargaining unit member of the bargaining unit:employee’s choice. a) is given a reprimand which is to 28.03 All disciplinary meetings shall be entered held in private and shall take place on the employee’s personnel file; b) is suspended Employer's premises 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 circumstancesremotely using virtual technology. 25.02 28.04 The affected employee, a the Shop Xxxxxxx who is involved, and the UnionUnion Representative, shall be given a copy of any disciplinary notice which is to be entered on an placed in the employee's personnel file. The affected employee, the Shop Xxxxxxx, file and the Union shall also be given a copy of any discharge notice that is given to an the employee. In all cases of discipline or discharge The notice will be provided at the Employer shall notify the affected employee, meeting pursuant to Article 28.02 and a Shop Xxxxxxx and the Union in writing of will include 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 said discipline or and/or discharge notice shall be forwarded emailed to the Union office via fax Representative within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) hours of the eventmeeting. If the affected employee is not present at the meeting, the Employer shall send it via registered mail to the affected employee's current address on file. 25.03 28.05 Employees will be requested to sign a discipline and/or discharge notice to confirm receipt of the notice. The signing of discipline and/or discharge notices by Shop Stewards or employees does not mean that they are in agreement, or that they support the content of the discipline and/or discharge notice, but is acknowledgment that they have received said discipline and/or discharge notice. 28.06 In administering disciplinary action, the Employer shall not use any discipline notice on an employee’s personnel file after twenty-four (24) months. Said discipline notice cannot be used against the employee at a later date. This time period of twenty-four (24) months shall not include periods of layoffs, periods of leaves of absence without pay, or periods of disciplinary suspensions. It is understood that should any employee receive a discipline notice for the same or similar offence during said twenty-four (24) month period, the employee will then be required to wait a further twenty-four (24) months before the discipline notices cannot be used against the employee. Notwithstanding the foregoing, disciplinary notices for harassment, bullying, major safety violations and/or violence will remain on the employee’s file indefinitely and may be used by the Employer when determining discipline for subsequent similar offences beyond the twenty-four (24) month period referenced above. 28.07 Employees covered by this Agreement shall have supervised access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of documents in their personnel file when requested, at requested and a copy of an employee's written reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. Employees shall not remove any documents from their personnel file. The Employer shall keep only one (1) personnel file per employee, said file may be kept in both a hard copy, and electronic version. (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.

Appears in 4 contracts

Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A 28.01 An on-duty Shop XxxxxxxXxxxxxx of the disciplined employee’s choice, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected by of the reprimanded employee's choice providing that this employee affected, and in is on the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union RepresentativeEmployer’s premises at that time, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or discharged. In unusual circumstancesA full-time Union Representative shall be entitled to attend any such meeting provided he or she is readily available to do so, where it is necessary for the Employer to advise an employee by mail within two (2) hours of discharge, the Union office will be mailed a copy of any such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesaction. 25.02 28.02 All disciplinary meetings shall be held in private. 28.03 The affected employee, a the Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's ’s personnel file. Separate disciplinary notices will be given for each separate offence. The affected employee, the Shop Xxxxxxx, Xxxxxxx and the Union 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 the Shop Xxxxxxx and the Union in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within twenty-four (24) hours of the event. 28.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after eighteen (18) calendar months providing there have been no incidents of a similar type nature within that eighteen (18) month period, in which case such notice(s) shall remain on file until such time as there have been no incidents of such similar type for a full eighteen (18) calendar months. The Employer shall not be able to use any disciplinary notice which has been removed in accordance with this clause against the employee at a later date. This time frame of eighteen (18) calendar months shall not include periods of layoff. 28.05 Once a year, or more often if necessitated by the filing of a grievance, employees covered by this Collective Agreement, upon written request, shall have an opportunity to review their own personnel file within two (2) business working days (excluding Saturday and Sunday and General Holidays) of the eventrequest in the presence of an Employer representative. 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.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 28.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by (of the employee affected, disciplined employee's choice and who is in the event workplace at the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativetime), shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is given a reprimand which is to be entered on the employee’s personnel file; b) written warning or is suspended or discharged. Further, in matters including suspension or discharge, a Union Representative, if readily available, may be present. In unusual circumstances, circumstances where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be emailed, mailed or faxed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee full-time Union Representative shall not invalidate the discipline, except in exceptional circumstancesdiscipline or discharge. 25.02 28.02 All disciplinary meetings shall be held in private and shall take place in a location on the Employer's premises. 28.03 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, shall be given a copy of any disciplinary notice which is to be entered on an the employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the discipline or discharge such notice shall be forwarded faxed to the Union office via fax within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 28.04 Disciplinary notices shall remain active for progressive discipline purposes for twenty-four (24) months, excluding layoffs and leaves of absences, provided there are no further infractions within such period. 28.05 A single file for each employee shall be maintained by the Employer and shall contain a record of all disciplinary notices for that employee. Employees covered by this Agreement shall have access to their own personnel filedisciplinary file during non-working hours, and upon providing the Employer with one (1) working day's written request by the employee involvednotice of their intent to do so. The Employer shall be entitled to be present during such review. Employees shall be able to obtain copies of the disciplinary notices when requested. The employee may be accompanied by a Shop Xxxxxxx and/or Union Representative when reviewing their personnel file when requested, at the employee's expensefile. 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 A copy of an employee’s reply to any document contained in his or her personnel file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will shall also be taken from an placed in the 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 personnel file.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 24.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affectedbeing investigated and/or disciplined, and in shall be present when an employee of the event the member bargaining unit is a Shop Xxxxxxxbeing investigated, another Shop Xxxxxxx or an official disciplined and/or discharged. A full-time Union Representative, Representative shall be present from notified by the beginning Employer prior to the commencement of the any such meeting when and shall be entitled to attend any such meeting providing they are readily available to do so. 24.02 All investigation and/or disciplinary meetings shall be held in private and shall take place in a member of the bargaining unit: a) is given a reprimand which is to be entered location 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 circumstancesEmployer's premises. 25.02 24.03 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, shall be given a copy of any investigation and/or disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, file and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of investigation, discipline or and/or discharge the Employer shall notify the affected employee, and a the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of investigation, discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said investigation, discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) hours of the event. 25.03 24.04 Any investigation, discipline and/or discharge notice given to an employee by the Employer shall become null and void and shall not be utilized by the Employer against the employee at a later date in any situation where the Employer has not fully complied with the provisions contained in sub-articles 28.01, 28.02 and 28.03 above. 24.05 The Employer shall remove all written disciplinary notices from the employee's personnel file after twelve (12) 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 twelve (12) calendar months shall not include periods of layoff. 24.06 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written 24.07 The Employer shall not investigate, discipline and/or discharge any employee without just cause. The Employer and the Union recognize that the application of the principles of Progressive Discipline which are to be 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 periodin nature and practice. Depending on the severity of the infraction, the Employer reserves the right to begin the discipline process at a level commensurate with the infraction. (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.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 23.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is given a reprimand which being disciplined or is being discharged. A full-time Union Representative shall be notified by the Company prior to the commencement of any such meeting and shall be entered on the employee’s personnel file; b) is suspended or dischargedentitled to attend any such meeting providing they are readily available to do so. In unusual circumstances, where circumstances when it is necessary for the Employer Company to advise an employee by mail of discharge, the Union office will be mailed faxed or emailed 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 23.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 23.03 The affected employee, a the Shop Xxxxxxx who is involved, 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, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed or emailed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 23.04 Any discipline and/or discharge notice given to an employee by the Company shall become null and void and shall not be utilized by the Company against the employee at a later date in any situation where the Company has not fully complied with the provisions contained in Articles 23.01, 23.02 and 23.03 above. 23.05 Employees covered by this Agreement shall have access to their own personnel filefile up to two (2) times per calendar year, upon written request by the employee involved. Employees It is understood that employees shall be able to obtain copies photocopies of any and all documents contained in their personnel file. A copy of an employee’s reply to any document contained in their personnel file when requested, at shall be placed in the employee's expenseemployees’ file and must first be given to the general manager. The Employer Company shall keep only one (1) personnel file per employee. Any information contained in an employees’ personnel file shall be confidential and shall not be given to or discussed with any other party without express written consent of the employee involved. 23.06 The Company agrees that it shall not use the disciplinary record of an employee to justify increased discipline on a progressive discipline basis if that employee has maintained a clear disciplinary record for twenty-four (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (1524) months should no similar offence have occurred during said periodimmediately preceding the event in question. (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.

Appears in 3 contracts

Samples: Collective Agreement, Union Collective Agreement, Union Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 30.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affectedbeing disciplined, and in shall be present when an employee of the event bargaining unit is being given written disciplinary notices or discharged. The person referenced above is entitled to up to five (5) minutes of private consultation time with the member employee who is a Shop Xxxxxxxbeing disciplined, another Shop Xxxxxxx or an official during working hours. A full-time Union Representative, Representative shall be present from the beginning of the entitled to attend any such meeting when providing they are readily available to do so. 30.02 All disciplinary meetings shall be held in private and shall take place in a member of the bargaining unit: a) is given a reprimand which is to be entered location 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 circumstancesEmployer's premises. 25.02 30.03 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, shall be given a copy of any written disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 30.04 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer shall keep only one (1) personnel file per employee. 30.05 The Employer shall remove all written disciplinary notices from the employee’s personnel file after twenty-four (a24) Employee’s 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 twenty-four (24) calendar months shall not include periods of layoff, periods of leave of absence without pay, or periods of disciplinary suspensions. It is understood that should any employee receive a written corrective action documentation(sdisciplinary notice for the same or similar offence during said twenty-four (24) other than suspension month period, the employee will then be taken required to wait a further twenty-four (24) months before their written disciplinary notices are removed from an their personnel file. Notwithstanding the foregoing, written disciplinary notices involving harassment and/or violence will remain on the employee’s file after fifteen (15) months should no similar offence have occurred during said periodindefinitely. (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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx17.01 Employees who have completed their probationary period shall not be penalized, nor shall they be laid off, recalled, promoted, demoted, transferred or discharged until the Union and Human Resources Department have been notified in writing of the absence name or names of the persons affected at least two (2) working days prior to such action being taken. The above does not apply when there is cause for suspension or immediate dismissal. 17.02 Employees shall have the right to have a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is Xxxxxxx present when they are receiving 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 written reprimand which that is to be entered into their personnel file, or when being suspended or dismissed. 17.03 All disciplinary meetings shall be held in private and shall take place in a location 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 circumstancesCo-operative's premises. 25.02 17.04 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, Union shall be given a copy of any written reprimands and of any letters informing the employee of suspensions or discharge. A copy will be emailed to the Union Representative. 17.05 Should an employee inadvertently or otherwise be penalized or laid off, recalled, not recalled, promoted, demoted, transferred, or discharged, and it is later established that such penalty or layoff, recall, failure to recall, promotion, demotion, transfer or discharge was unfair, or not in accordance with the provisions of this Agreement, the employee shall immediately be returned to their former status in all respects, and shall receive pay for the time lost following such action in an amount sufficient to make up the difference between any monies received by that employee from other sources and their regular pay. 17.06 The Co-operative agrees that any written disciplinary notice which is to notices shall be entered on an removed from the employee's personnel filefile after twenty-four (24) months from the date of issue except in cases involving violence in the workplace or harassment. The affected employeeThis time period of twenty-four (24) months shall not include periods of layoffs, periods of leaves of absence or periods of disciplinary suspensions. It is understood that should any employee receive a written discipline for the same or similar offence during said twenty-four (24) month period, the Shop Xxxxxxx, and the Union shall also employee will then be given required to wait a copy of any discharge notice that further twenty-four (24) months before such written discipline is given to an employee. In all cases of discipline removed from his 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 eventher personnel file. 25.03 17.07 Employees covered by this Agreement shall have access to may view their own personnel file, upon written request file in a place designated by the employee involvedHuman Resources Department. Employees shall be able to obtain copies of must review their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employeeduring their meal or rest periods or on their own time. (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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 24.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from the beginning of the meeting when a member of the bargaining unit:unit is being disciplined or is being discharged. A full-time Union Representative shall be notified by the Employer prior to the commencement of any such meeting and shall be entitled to attend any such meeting providing they are readily available to do so. a) is given 24.02 All disciplinary meetings shall be held in private and shall take place in a reprimand which is to be entered location 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 circumstancesEmployer's premises. 25.02 24.03 The affected employee, a the Shop Xxxxxxx who is involved, 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, file 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 the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) hours of the event. 25.03 24.04 Any discipline and/or discharge notice given to an employee by the Employer shall become null and void and shall not be utilized by the Employer against the employee at a later date in any situation where the Employer has not fully complied with the provisions contained in sub-articles 24.01, 24.02 and 24.03 above. 24.05 The Employer shall remove all written disciplinary notices from the employee's personnel file after twelve (12) 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 twelve (12) calendar months shall not include periods of layoff. It is understood that should any employee receive a disciplinary notice for the same or similar offence during said twelve(12) month period, the employee will then be required to wait a further twelve (12) months before his or her written reprimands and/or disciplinary notices are removed from his or her personnel file. 24.06 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. 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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence ‌ Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Chief Human Resource Office, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(scover such absences with accrued vacation or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) and/or complaint(sconsecutive work days without authorized leave shall be deemed to have resigned. (a) If the Agency conducts an investigation on an employee that involves an issue of discrimination merit, the employee will be notified of the investigation except in instances involving criminal, undercover or harassment nature confidential investigations or any situation where the investigation might be jeopardized by such notice. (b) Upon request, an employee shall remain have the right to Union representation during an investigatory interview that an employee reasonably believes will result in an employee’s filedisciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx11.1 Disciplinary action or measures shall normally include the following: Verbal Reprimand Written Reprimand Suspension Discharge An Employee upon his/her request is entitled to Union representation during a disciplinary hearing or any meeting that may lead to discipline. Before any such meeting takes place the Employer will inform the employee of his/her right to Union representation. When the affected employee requests the presence of a union representative, the meeting will not proceed until the representative is in attendance. At no time will such a meeting be delayed more than forty-eight (48) hours. Investigative meetings shall not be unduly delayed because of the unavailability of a union representative when the health and safety of students is in question. 11.2 Disciplinary action may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. 11.3 If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Discipline shall be consummated in a timely fashion that will not embarrass the employee or the Employer. The employee will be notified within five (5) working days of knowledge of occurrence by his/her supervisor or administrator and that disciplinary action may take place. Old or vague incidents, which are not a matter of grievance records or disciplinary action file, are not to be used when dealing with current issues under discussion of special conference. All information contained in the absence Personnel File of a Shop Xxxxxxxan employee, another employee in which forms 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 Representativebasis for disciplinary action, shall be present from made available in writing to the beginning Union upon the written request of the meeting when a member of employee. 11.4 The Employer shall not discharge any employee without just cause. If, in any case, the bargaining unit: a) employer feels there 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 just cause for the Employer to advise an employee by mail of discharge, the Union office employee involved will be mailed a copy of such noticesuspended for five (5) days. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another The employee shall not invalidate and his/her xxxxxxx will be notified in writing that the discipline, except in exceptional circumstancesemployee has been suspended and is subject to discharge after the five (5) day suspension period. 25.02 11.4.1 The affected employee, union shall have the right to take up the suspension and/or discharge as a Shop Xxxxxxx grievance at the third step of the grievance procedure within the five (5) day suspension period and the Union, matter shall be given a copy handled in accordance with this procedure through the final step of any disciplinary notice which is the grievance procedure if deemed necessary by either party. 11.4.2 Any employee found to be entered on an employee's personnel file. The affected employeeunjustly suspended or discharged shall be reinstated with full compensation for all lost time and full restoration of all other rights and conditions of employment. 11.4.3 Use of past record: In imposing any discipline and/or discharge, the Shop Xxxxxxx, and the Union shall also be given employer will not take into account any prior infractions which occurred more than three (3) years previously nor impose discipline on any employee for errors or mistakes on his or her employment application after a copy period 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 years from his/her date of hire. The exception to this would be if the error or mistake was not reporting a felony conviction, which may lead to a problem in regard to students and/or school plant. 11.5 Any employee who has been suspended without pay from duty will be disqualified from consideration for any promotion for a period of six (excluding Saturday and Sunday and General Holidays6) months from the date of the eventsuspension. 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A 24.01 The Co-operative will not discipline or discharge an employee except for just cause. 24.02 Where practicable, a Shop XxxxxxxXxxxxxx or, or in the absence of a Shop Xxxxxxx, another employee of the disciplined employee's choice 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 Representativeunit, 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 '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 24.03 The affected employee, a the Shop Stewards and the Union shall, within forty-eight (48) hours of the event, shall be informed by fax/email/in person whether there will be an investigation for an event in which there may be discipline. The affected employee, the Shop Xxxxxxx and the UnionUnion shall, shall within ninety-six (96) hours of the event, be given a copy of any disciplinary disciplinary/discharge notice which is to be entered on an the 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 Co-operative shall notify the affected employee, and a the Shop Xxxxxxx Stewards and the Union in writing of the exact reasons for taking such action. . 24.04 The notice signing of discipline and/or discharge notices by shop stewards or discharge shall be given to employees does not mean that they are in agreement, or that they support the affected employee and a Shop Xxxxxxx promptly and a copy content of the discipline or and/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 eventnotice, but is acknowledgement that they have received said discipline and/or discharge notice. 25.03 24.05 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon written request by providing reasonable notice of such intent to the employee involvedCo-operative, who shall be entitled to be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer Co-operative shall keep only one (1) personnel file per employee. 24.06 The Co-operative shall remove all written disciplinary notices, except traffic accidents with the Co-operatives’ vehicle where the employee has been found 100% responsible, from an employee's personnel file after twenty-four (a24) Employee’s calendar months. The written corrective action documentation(s) other than suspension will disciplinary notice for a traffic accident with the Co- operatives’ vehicle where the employee is found 100% responsible, shall be taken removed from an employee’s personnel file after fifteen five (155) years. The Co-operative shall not use any such disciplinary notice against the employee at a later date. This time frame of twenty-four (24) calendar months should no similar offence have occurred during said periodor five (5) years shall not include periods of layoff. (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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, 16.01 No employee shall be disciplined or in discharged without just cause. Where an employee has been disciplined or discharge there should be the absence 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 he/she so desires he/she may have the assistance of a Shop Xxxxxxx, another employee in duly accredited representative(s) of the bargaining unit selected by Union at the employee affected, and in the event the member is hearing. Implementation of a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, suspension without pay shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is withheld until all appeal procedures requested in accordance with Article 15 and 16 have concluded. All efforts will be made to be entered on hold hearings during the employee’s personnel file;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 employees approval, the hearing may be held immediately prior to or immediately after his/her regular hours of work and will be paid the appropriate rate of pay for the time spent while attending that hearing. b) is suspended 16.02 Any employee who has been disciplined or dischargeddischarge may file a grievance in accordance with Article 16 of this Agreement. In unusual circumstancesEmployees will be advised in writing, where together with the reasons, with a copy to the Union. Any grievance concerning the discharge of an employee may commence at Step 2 of the grievance procedure. 16.03 If it is necessary for the Employer to advise considered undesirable that an employee by mail of dischargeshould be allowed on Company premises and where there is doubt as to the appropriate charge/penalty, the Union office will employee may be mailed held out of service pending the outcome of the investigation for up to a copy maximum of such noticeseven (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. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another An employee shall not invalidate be entitled to review his/her personnel file by submitting a letter to the discipline, except in exceptional circumstanceslocal manager and remove any letters of discipline from his/her personnel file that have expired. 25.02 16.05 The affected employee, a Shop Xxxxxxx and Company shall provide the Union, shall be given District Chairperson with 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 letter of any discharge notice that is discipline 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Human Resource Services Division, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(scover such absences with accrued vacation or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) and/or complaint(sconsecutive work days without authorized leave shall be deemed to have resigned. (a) If the Agency conducts an investigation on an employee that involves an issue of discrimination merit, the employee will be notified of the investigation except in instances involving criminal, undercover or harassment nature confidential investigations or any situation where the investigation might be jeopardized by such notice. (b) Upon request, an employee shall remain have the right to Union representation during an investigatory interview that an employee reasonably believes will result in an employee’s filedisciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx‌ 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, or in they may have the absence assistance of a Shop Xxxxxxx, another employee in duly accredited representative(s) of the bargaining unit selected by Union at the employee affected, and in the event the member is hearing. Implementation of a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, suspension without pay shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is withheld until all appeal procedures requested in accordance with Article 15 and 16 have concluded. All efforts will be made to be entered on hold hearings during the employee’s personnel file;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 b) 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 suspended or dischargedtaken including discharge the employee shall be advised in writing of the precise reason(s). In unusual circumstances, where Any grievance concerning the discharge of an employee may commence at Step 2 of the grievance procedure. 16.03 If it is necessary for the Employer to advise considered undesirable that an employee by mail of dischargeshould be allowed on Company premises and where there is doubt as to the appropriate charge/penalty, the Union office will employee may be mailed held out of service pending the outcome of the investigation for up to a copy maximum of such noticeseven (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. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another An employee shall not invalidate be entitled to review his/her personnel file by submitting a letter to the discipline, except in exceptional circumstanceslocal manager and remove any letters of discipline from his/her personnel file that have expired. 25.02 16.05 The affected employee, a Shop Xxxxxxx and Company shall provide the Union, shall be given District Chairperson with 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 letter of any discharge notice that is discipline 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 28.01 A full-time Union Representative and/or Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by of the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativedisciplined employee’s choice, 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 '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 dischargeWhere appropriate, the Union office will be mailed a copy advised of the date, time and location of such noticemeeting. Absence The above will not apply when, due to unusual circumstances an employee must be notified of a Shop Xxxxxxx discipline or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesdischarge by mail. 25.02 28.02 The affected employee, a the Shop Xxxxxxx Stewards and the Union, shall be given a copy of any disciplinary disciplinary/discharge 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 written reprimand, suspension or discharge the Employer shall notify the affected employee, and a the Shop Xxxxxxx Stewards 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 the Shop Xxxxxxx promptly Stewards immediately, and a copy of the said discipline or discharge notice shall be forwarded to the Union office via fax within two three (23) business working days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 28.03 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer shall keep only one (1) personnel file per employee. 28.04 The record of employees shall not be used against them at any time after twelve (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (1512) months should following a suspension or disciplinary action, including letters of reprimand or any adverse reports, provided no similar offence have occurred during said additional adverse reports are written within the twelve (12) month period. If discipline (including reprimand or adverse reports) are processed for such employee within the twelve period, all will remain on file until twelve months following the date the last such discipline was issued, unless it was removed through the grievance process. (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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Chief Human Resource Office, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(scover such absences with accrued vacation or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) and/or complaint(sconsecutive work days without authorized leave shall be deemed to have resigned. (a) If the Agency conducts an investigation on an employee that involves an issue of discrimination merit, the employee will be notified of the investigation except in instances involving criminal, undercover or harassment nature confidential investigations or any situation where the investigation might be jeopardized by such notice. (b) Upon request, an employee shall remain have the right to Union representation during an investigatory interview that an employee reasonably believes will result in an employee’s filedisciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A 24.01 The Employer will not discipline or discharge an employee except for just cause. 24.02 Where practicable, a Shop XxxxxxxXxxxxxx or, or in the absence of a Shop Xxxxxxx, another employee of the disciplined employee's choice 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 Representativeunit, 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 '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 24.03 The affected employee, a the Shop Stewards and the Union shall, within forty-eight (48) hours of the event, shall be informed by fax/email/in person whether there will be an investigation for an event in which there may be discipline. The affected employee, the Shop Xxxxxxx and the UnionUnion shall, shall within ninety-six (96) hours of the event, be given a copy of any disciplinary disciplinary/discharge notice which is to be entered on an the 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 the Shop Xxxxxxx Stewards and the Union in writing of the exact 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 24.04 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon written request by providing reasonable notice of such intent to the employee involvedEmployer, who shall be entitled to be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in his or her personnel file shall be placed in the employee's expensepersonnel file. The Employer shall keep only one (1) personnel file per employee. 24.05 The Employer shall remove all written disciplinary notices, except traffic accidents with the Employers’ vehicle where the employee has been found 100% responsible, from an employee's personnel file after twenty-four (a24) Employee’s calendar months. The written corrective action documentation(s) other than suspension will disciplinary notice for a traffic accident with the Employers’ vehicle where the employee is found 100% responsible, shall be taken removed from an employee’s personnel file after fifteen five (155) years. The Employer shall not use any such disciplinary notice against the employee at a later date. This time frame of twenty-four (24) calendar months should no similar offence have occurred during said periodor five (5) years shall not include periods of layoff. (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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx11.1 Disciplinary action or measures shall normally include the following: Verbal Reprimand Written Reprimand Suspension Discharge An Employee upon his/her request is entitled to Union representation during a disciplinary hearing or any meeting that may lead to discipline. Before any such meeting takes place the Employer will inform the employee of his/her right to Union representation. When the affected employee requests the presence of a union representative, the meeting will not proceed until the representative is in attendance. At no time will such a meeting be delayed more than forty-eight (48) hours. Investigative meetings shall not be unduly delayed because of the unavailability of a union representative when the health and safety of students is in question. 11.2 Disciplinary action may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. 11.3 If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Discipline shall be consummated in a timely fashion that will not embarrass the employee or the Employer. The employee will be notified within five (5) working days of knowledge of occurrence by his/her supervisor or administrator and that disciplinary action may take place. Old or vague incidents, which are not a matter of grievance records or disciplinary action file, are not to be used when dealing with current issues under discussion of special conference. All information contained in the absence Personnel File of a Shop Xxxxxxxan employee, another employee in which forms 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 Representativebasis for disciplinary action, shall be present from made available in writing to the beginning Union upon the written request of the meeting when a member of employee. 11.4 The Employer shall not discharge any employee without just cause. If, in any case, the bargaining unit: a) employer feels there 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 just cause for the Employer to advise an employee by mail of discharge, the Union office employee involved 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 filesuspended for five (5) days. The affected employee, the Shop Xxxxxxx, employee and the Union shall also his/her xxxxxxx will 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 notified 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 that the employee involved. Employees shall be able has been suspended and is subject to obtain copies of their personnel file when requested, at discharge after the employee's expense. The Employer shall keep only one five (15) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than day suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. 11.4.1 The union shall have the right to take up the suspension and/or discharge as a grievance at the third step of the grievance procedure within the five (b5) Employee’s day suspension documentation(s) will period and the matter shall be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said periodhandled in accordance with this procedure through the final step of the grievance procedure if deemed necessary by either party. (c) All documentation(s) including corrective action 11.4.2 Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and suspension relating to incident(s) full restoration of all other rights and conditions of employment. 11.4.3 Use of past record: In imposing any discipline and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.discharge, the employer will not take into account any prior infractions which occurred more than three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx27.01 An employee is entitled, prior to the imposition of discipline or discharge, to be notified at a meeting with management of the reasons for considering such action unless they are a danger to themselves or others. The employee will be accompanied by a full-time Union Representative unless the employee clearly indicates, in the absence presence of a Shop Xxxxxxx, another that the employee does not wish such representation. The Employer agrees to contact the Union Representative to establish an appropriate time, date, and location for this meeting. All parties agree to meet within forty-eight (48) hours of the incident which gave rise to the disciplinary matter. Employees shall be notified in writing of the grounds for discipline or discharge and the Union shall receive a copy of this notification faxed or emailed to the Union office within forty-eight (48) hours of the meeting. No discipline, or discharge will be valid unless the above-noted meeting takes place with the Union Representative present, unless the employee clearly indicates, in the bargaining unit selected by the employee affected, and in the event the member is presence of a Shop Xxxxxxx, another Shop Xxxxxxx or an official fullthat the employee does not wish such representation. 27.02 Any employee who is called to a meeting regarding their layoff, demotion, reduction to part-time time, reduction in hours of work, change in classification, change in job duties, and/or other matters which may affect their employment, will be accompanied at said meeting by a Union Representative, shall be present unless the employee clearly indicates in the presence of a Shop Xxxxxxx, that the employee does not wish such representation. 27.03 When an employee is discharged from employment, or laid off, demoted or disciplined, the beginning of Employer agrees to give the meeting when reason in writing to said employee, with a member of copy faxed or emailed to the bargaining unit:Union within twenty-four (24) hours. a) is given 27.04 The Employer also agrees not to discharge, discipline, transfer or lay off employees without just and sufficient cause. 27.05 In order for a reprimand which is disciplinary action or discharge to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstancesvalid, 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 noticenotice must be faxed or emailed to the Union office. 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 employeeIn addition, 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 must be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline or discharge notice employee. 27.06 The Employer agrees that any disciplinary 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 removed from the employee's expense. The Employer shall keep only one personnel record after twelve (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 (1512) months should provided no additional adverse reports for the same or similar offence have occurred during offense are written within the twelve (12) month period. If any adverse reports are written within the twelve (12) month period, all adverse reports remain on file for a twelve (12) month period from the date of the latest report. Once removed, said periodwritten disciplinary notices cannot be referred to or used against the employee at a later date. (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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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) unit is being given a verbal or written reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or dischargeddischarged if available. In unusual circumstances, where it is necessary for When the Employer issues a suspension or termination of employment, a full-time Union Representative shall be notified by the Employer prior to advise an employee by mail the commencement of discharge, the Union office will any such meeting and shall be mailed a copy of entitled to attend any such notice. Absence of a Shop Xxxxxxx meeting providing he or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesshe is readily available to do so. 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 Employer will issue discipline within a reasonable time from the date of the incident giving rise to the disciplinary action. 25.04 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee who is involved, 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, file 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 the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union Union, in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two three (23) 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 25.05 The Employer agrees that any written request by the employee involved. Employees disciplinary notices shall be able to obtain copies of their removed from the employee’s personnel file when requested, at the employee's expense. The Employer shall keep only one after twelve (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 (1512) months from the date of issue. It is understood that should no similar offence have occurred any employee receive a written discipline in the same discipline category (ie. behavior, quality or attendance issues) 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.twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 27.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from the beginning of the meeting when a member of the bargaining unit:unit is being disciplined or is being discharged unless the employee choses no representation. a) is given a reprimand which is to 27.02 A full-time Union Representative shall be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for notified by email by the Employer prior to advise an employee by mail the commencement of discharge, the Union office will any such meeting and shall be mailed a copy of entitled to attend any such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesmeeting providing they are readily available to do so. 25.02 27.03 All disciplinary meetings shall be held in private and shall take place in the hotel property. 27.04 The affected employee, a the Shop Xxxxxxx who is involved, 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, file 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 the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) hours of the event. 25.03 27.05 Any discipline and/or discharge notice given to an employee by the Employer shall become null and void and shall not be utilized by the Employer against the employee at a later date if the Employer has not complied with the provisions contained in Articles 28.01and 28.03 above. 27.06 The Employer shall remove all written warnings from the employee's personnel file after twelve (12) calendar months and suspensions of less than five (5) shifts after eighteen (18) months. The Employer shall not be able to use any such removed disciplinary notice against the employee at a later date. These time frames shall not include periods of leave of absence. 27.07 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 28.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be entitled to be present from the beginning of the meeting when a member of the bargaining unit: aunit is being disciplined or is being discharged. In the event that the Employer intends to impose a suspension or discharge an employee, a full-time Union Representative shall be provided at least four (4) is given a reprimand which hours’ notice of such meeting by the Employer prior to the commencement of the meeting, and shall be entitled to attend such meeting. The employee who is to be entered on disciplined or discharged may waive the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer right to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of have a Shop Xxxxxxx or Assistant Union Representative or bargaining unit member present for a discipline meeting by waiving such right in the presence of a Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesXxxxxxx. 25.02 28.02 All disciplinary meetings shall be held in private and shall take place in a location on the Employer's premises. 28.03 The affected employee, a any Shop Xxxxxxx who is involved, 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, file 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 any Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed or e-mailed to the Union office via fax within two forty- eight (248) business days (excluding Saturday and Sunday and General Holidays) hours of the event. 25.03 28.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after eighteen (18) calendar months following imposition of such discipline, provided the employee has not had any subsequent discipline imposed during that time. The Employer shall not be able to use any such disciplinary notice removed under this provision against the employee at a later date. This time frame of eighteen (18) calendar months shall not include periods of layoff. It is understood that should any employee receive a written disciplinary notice for any offence during said eighteen (18) month period, the employee will then be required to wait a further eighteen (18) months before such written disciplinary notice is removed from their personnel file. 28.05 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 requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, ‌ 16.01 No employee shall be disciplined or in discharged without just cause. Where an employee has been disciplined or discharge there should be the absence 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 he/she so desires he/she may have the assistance of a Shop Xxxxxxx, another employee in duly accredited representative(s) of the bargaining unit selected by Union at the employee affected, and in the event the member is hearing. Implementation of a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, suspension without pay shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is withheld until all appeal procedures requested in accordance with Article 15 and 16 have concluded. All efforts will be made to be entered on hold hearings during the employee’s personnel file;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 employees approval, the hearing may be held immediately prior to or immediately after his/her regular hours of work and will be paid the appropriate rate of pay for the time spent while attending that hearing. b) is suspended 16.02 Any employee who has been disciplined or dischargeddischarge may file a grievance in accordance with Article 16 of this Agreement. In unusual circumstancesEmployees will be advised in writing, where together with the reasons, with a copy to the Union. Any grievance concerning the discharge of an employee may commence at Step 2 of the grievance procedure. 16.03 If it is necessary for the Employer to advise considered undesirable that an employee by mail of dischargeshould be allowed on Company premises and where there is doubt as to the appropriate charge/penalty, the Union office will employee may be mailed held out of service pending the outcome of the investigation for up to a copy maximum of such noticeseven (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. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another An employee shall not invalidate be entitled to review his/her personnel file by submitting a letter to the discipline, except in exceptional circumstanceslocal manager and remove any letters of discipline from his/her personnel file that have expired. 25.02 16.05 The affected employee, a Shop Xxxxxxx and Company shall provide the Union, shall be given District Chairperson with 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 letter of any discharge notice that is discipline 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from when the beginning of the meeting when employer intends to discipline an employee, by issuing a member of the bargaining unit: a) is given a reprimand which is verbal or written reprimand, suspension or discharge. This shall include any minimum documentation to be entered on the employee’s personnel file; b) . A full-time Union Representative shall be entitled to attend any such meeting providing he or she is suspended or discharged. In unusual circumstances, where it is necessary for the Employer readily available 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 circumstancesdo so. 25.02 All disciplinary meetings shall be held in private and shall take place on the Employer's premises. 25.03 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee (from Article 25.01) who is involved, 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, file 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 the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved no later than two (2) working days after the disciplinary action has occurred, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the eventa further twenty-four hours. 25.03 25.04 Employees covered by this Agreement shall have supervised 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 and a copy of an employee's reply to any document contained in his or her personnel file that is submitted by the employee within ten (10) working days from when the employee became aware of the document, shall be placed in the employee's expensepersonnel file. Employees shall not remove any original copies of such documents from the Employer's premises. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s 25.05 The Employer shall remove all written corrective action documentation(s) other than suspension will be taken disciplinary notices from an the employee’s 's personnel file after fifteen twelve (1512) calendar months, unless there is a repeat of the offense that gave rise to the original disciplinary notice within this period. The Employer shall not be able to use any such disciplinary notice against the employee at a later date. This time frame of twelve (12) calendar months should no similar offence have occurred during said periodshall not include periods of layoff. (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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 26.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in being disciplined who is on the event Company’s premises at the member same time as the discipline is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing issued, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a written reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or discharged. In unusual circumstances, where it A full-time Union Representative shall be entitled to attend any such meeting providing he or she is necessary for the Employer readily available 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 circumstancesdo so. 25.02 26.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 26.03 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee (from Article 26.01) who is involved, and the Union, shall be given a copy of any disciplinary notice upon awareness and investigation, which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union Union, in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved, no later than one (1) working day after the discipline has been imposed and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 26.04 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon providing reasonable written request by notice of such intent to the employee involvedCompany. The Company shall be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in his or her personnel file shall be placed in the employee's expensepersonnel file. The Employer Company shall keep only one (1) personnel file per employee. Employees who are no longer employed by the Company shall not be entitled to have access to their entire personnel file. (a) Employee’s 26.05 The Company shall remove all written corrective action documentation(s) other than suspension will be taken disciplinary notices from an the 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 's personnel file after thirty (30) calendar months. The Company shall not be able to use any such disciplinary notice against the employee at a later date. This time frame of thirty (30) calendar months should no similar offence have occurred shall not include periods of layoff. Any employee who receives a written disciplinary notice for the same offense during said period. thirty (c30) All documentation(scalendar month period shall then be required to wait a further thirty (30) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s calendar months before all such notices are removed from their personnel file.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A 28.01 An on-duty Shop XxxxxxxXxxxxxx of the disciplined employee’s choice, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected by of the reprimanded employee's choice providing that this employee affected, and in is on the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union RepresentativeEmployer’s premises at that time, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or discharged. In unusual circumstancesA full-time Union Representative shall be entitled to attend any such meeting provided they are readily available to do so, where it is necessary for the Employer to advise an employee by mail within two (2) hours of discharge, the Union office will be mailed a copy of any such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesaction. 25.02 28.02 All disciplinary meetings shall be held in private. 28.03 The affected employee, a the Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's ’s personnel file. Separate disciplinary notices will be given for each separate offence. The affected employee, the Shop Xxxxxxx, Xxxxxxx and the Union 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 the Shop Xxxxxxx and the Union in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within twenty-four (24) hours of the event. 28.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after eighteen (18) calendar months providing there have been no incidents of a similar type nature within that eighteen (18) month period, in which case such notice(s) shall remain on file until such time as there have been no incidents of such similar type for a full eighteen (18) calendar months. The Employer shall not be able to use any disciplinary notice which has been removed in accordance with this clause against the employee at a later date. This time frame of eighteen (18) calendar months shall not include periods of layoff. 28.05 Once a year, or more often if necessitated by the filing of a grievance, employees covered by this Collective Agreement, upon written request, shall have an opportunity to review their own personnel file within two (2) business working days (excluding Saturday and Sunday and General Holidays) of the eventrequest in the presence of an Employer representative. 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence ‌ Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Chief Human Resource Office, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(s) and/or complaint(s) of discrimination cover such absences with accrued vacation or harassment nature shall remain in an employee’s file.compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx17.01 Employees who have completed their probationary period shall not be penalized, nor shall they be laid off, recalled, promoted, demoted, transferred or discharged until the Union and Human Resources Department have been notified in writing of the absence name or names of the persons affected at least two (2) working days prior to such action being taken. The above does not apply when there is cause for suspension or immediate dismissal. 17.02 Employees shall have the right to have a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is Xxxxxxx present when they are receiving 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 written reprimand which that is to be entered into their personnel file, or when being suspended or dismissed. 17.03 All disciplinary meetings shall be held in private and shall take place in a location on the employeeCo-operative’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 circumstancespremises. 25.02 17.04 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, 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, written reprimands and the Union shall also be given a copy of any discharge notice that is given to an employeeletters informing the employee of suspensions or discharge. 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 A copy will be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline or discharge notice shall be forwarded emailed to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the eventRepresentative. 25.03 17.05 Should an employee inadvertently or otherwise be penalized or laid off, recalled, not recalled, promoted, demoted, transferred, or discharged, and it is later established that such penalty or layoff, recall, failure to recall, promotion, demotion, transfer or discharge was unfair, or not in accordance with the provisions of this Agreement, the employee shall immediately be returned to their former status in all respects, and shall receive pay for the time lost following such action in an amount sufficient to make up the difference between any monies received by that employee from other sources and their regular pay. 17.06 The Co-operative agrees that any written disciplinary notices shall be removed from the employee’s personnel file after twenty-four (24) months from the date of issue except in cases involving violence in the workplace or harassment. This time period of twenty-four (24) months shall not include periods of layoffs, periods of leaves of absence or periods of disciplinary suspensions. It is understood that should any employee receive a written discipline for the same or similar offence during said twenty-four (24) month period, the employee will then be required to wait a further twenty-four (24) months before such written discipline is removed from his or her personnel file. 17.07 Employees covered by this Agreement shall have access to may view their own personnel file, upon written request file in a place designated by the employee involvedHuman Resources Department. Employees shall be able to obtain copies of must review their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employeeduring their meal or rest periods or on their own time. (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.

Appears in 1 contract

Samples: Collective Agreement

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DISCIPLINE/DISCHARGE. 25.01 12.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affectedbeing disciplined (or the employee under investigation for conduct that could reasonably lead to discipline of the employee), and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, shall may be present from the beginning of the meeting when a member of the bargaining unit: a) unit is given being disciplined or discharged (or when an investigation meeting is held that will reasonably lead to discipline of that member), upon that member’s request, provided the member has been advised they have the option of a reprimand which is shop xxxxxxx or other member present. Should the employee refuse 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 have a Shop Xxxxxxx or Assistant another member of the bargaining unit present at a meeting, the employee will sign a document confirming that they waive the right to have a Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesbargaining unit member present. 25.02 12.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 12.03 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, shall be given a copy of any disciplinary or discharge 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 disciplinary 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 will contain the reasons for taking such actiondiscipline. The notice of discipline or discharge shall be given to the affected employee and a Shop Xxxxxxx promptly and a A copy of the said discipline or and/or discharge notice shall be forwarded emailed to the Union office via fax within seventy-two (272) business days (excluding Saturday and Sunday and General Holidays) hours of the event.. Should an employee be suspended pending an investigation, the Union will be notified via email within seventy-two 25.03 Employees covered by this Agreement 12.04 The Company shall have access to their own personnel file, upon remove all written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at disciplinary notices from the employee's expense. The Employer shall keep only one (1) personnel file per employee. after twenty-four (a24) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should calendar months, providing there has been no further incidents of the same or substantially similar offence have occurred nature during said that two-year period. (b) Employee12.05 No employee representative appointed or elected by the Union’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said periodmembers for the purpose of attending grievance or disciplinary meetings or other meetings provided for under this agreement shall suffer any loss or interruption of pay, benefits, service or seniority while attending such meetings. (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.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx1. Covered Employees beyond the probationary period shall not be subject to discipline or discharge without just cause. 2. The Employer shall promptly, or in within one (1) business day, notify the absence Guild when a Covered Employee is disciplined. The Employer shall notify the Guild simultaneously to the Covered Employee when a Covered Employee is provided notice of a Shop Xxxxxxx, another employee in discharge. 3. The Employer shall follow the bargaining unit selected by the employee affected, and following procedures in the event the member is Employer wishes to discharge a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, Covered Employee for just cause: a. All Covered Employees shall be given at least one week’s written notice in advance of being discharged. The notice must state the reasons for the discharge, outlining specific facts alleged to constitute just cause, and advise the Covered Employee of their rights under this Article and Article 21. b. The Employer may pay a Covered Employee’s salary in lieu of notice to the Guild and the Covered Employee. However, the Covered Employee retains all procedural rights under this Article and Article 21 to challenge their discharge. c. No notice will be given in cases of discharge for gross misconduct. 4. Covered Employees shall be offered to have a Guild representative or bargaining unit xxxxxxx present from during any meeting, conference, or discussion that the beginning Covered Employee feels may lead to discipline, where discipline will be administered, and in all grievance meetings. 5. Covered Employees shall be offered to have a Guild representative or bargaining unit xxxxxxx be present during any disciplinary investigation in which the Covered Employee is being questioned relative to alleged gross misconduct or inadequate job performance. If feasible, such meetings shall be suspended until a Guild representative or bargaining unit xxxxxxx is available to attend. 6. The Employer may place a Covered Employee who is the subject of the meeting when an investigation on paid investigatory suspension. The parties agree that such investigatory suspension is not discipline. 7. Notices of any disciplinary action will be made part of a member of the bargaining unit: a) is given a reprimand which is to be entered on the employeeCovered Employee’s personnel file; b) is suspended . Any work-performance-related 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 attendance-related documented 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 older 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.twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence ‌ Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Human Resource Services Division, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(scover such absences with accrued vacation or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) and/or complaint(s) of discrimination or harassment nature consecutive work days without authorized leave shall remain in an employee’s filebe deemed to have resigned.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 23.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is given a reprimand which being disciplined or is being discharged. A full-time Union Representative shall be notified by the Company prior to the commencement of any such meeting and shall be entered on the employee’s personnel file; b) is suspended or dischargedentitled to attend any such meeting providing they are readily available to do so. In unusual circumstances, where circumstances when it is necessary for the Employer Company 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 23.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 23.03 The affected employee, a the Shop Xxxxxxx who is involved, 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, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 23.04 Any discipline and/or discharge notice given to an employee by the Company shall become null and void and shall not be utilized by the Company against the employee at a later date in any situation where the Company has not fully complied with the provisions contained in Articles 23.01, 23.02 and 23.03 above. 23.05 Employees covered by this Agreement shall have access to their own personnel filefile up to two (2) times per calendar year, upon written request by the employee involved. Employees It is understood that employees shall be able to obtain copies photocopies of any and all documents contained in their personnel file. A copy of an employee’s reply to any document contained in his her personnel file when requested, at shall be placed in the employee's expenseemployees’ file and must first be given to the general manager. The Employer Company shall keep only one (1) personnel file per employee. Any information contained in an employees’ personnel file shall be confidential and shall not be given to or discussed with any other party without express written consent of the employee involved. 23.06 The Company agrees that it shall not use the disciplinary record of an employee to justify increased discipline on a progressive discipline basis if that employee has maintained a clear disciplinary record for twenty-four (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (1524) months should no similar offence have occurred during said periodimmediately preceding the event in question. (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.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 The discipline or discharge of a probationary employee will not be subject to the Grievance Procedure. A Shop claim by an employee who has completed his probationary period that he has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step within five (5) calendar days after the discharge is announced. All penalties and reprimands will be issued within ten (10) days of the time the incident becomes known to the Company's management (Saturdays, Sundays and Statutory Holidays excluded). Where this time limit be met, the Company will contact the Union with the reason for the delay. A copy of discipline pertaining to suspension or discharge will be copied to the Union. The Company will notify the Union by fax or phone prior to the suspension or discharge of a Xxxxxxx. On a one-time only basis, any driver who loses his driving privileges under the law shall automatically be granted a leave of absence of up to eighteen (18) months without loss of seniority, but without entitlement to, or in payment by the absence Company of, the other benefits of this Agreement. The Company and the Union will meet to discuss alternative work, but no other employee will be laid off because of granting such alternative work. However, drivers convicted of drunk, impaired or negligent driving while operating a Company rented or leased vehicle may be discharged regardless of seniority or other consideration. All notices of discipline shall be removed from the employees’ file after months, provided no disciplinary action of a Shop Xxxxxxxsimilar nature has taken place. Only those notices pertaining to preventable vehicle accidents are excluded. When either party requests that any matter be submitted to arbitration as heretofore provided, another employee it shall make such request in writing addressed to the bargaining unit selected other party to this Agreement, and at the same time nominate an Arbitrator. Within five (5) working days thereafter, (all postal dates will be the determining factor to define the five (5) days) the other party shall nominate an Arbitrator; provided, however, that if such party fails to nominate an Arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the employee affected, and in the event the member is party invoking arbitration procedure. The two Arbitrators so nominated shall attempt to select by agreement a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, shall be present from the beginning Chairman of the meeting when Arbitration Board. If they are unable to agree upon such a member Chairman within a period of three (3) days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. If both parties agree, a single Arbitrator may be appointed to hear the grievance. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the bargaining unit: a) is given a reprimand which is Grievance Procedure. The Arbitration Board shall not be authorized to be entered on make any decision inconsistent with the employee’s personnel file; b) is suspended provisions of this Agreement, nor to alter, modify, add to or dischargedamend any part of this Agreement. In unusual circumstances, where it is necessary for The proceedings of the Employer to advise an employee by mail of discharge, the Union office Arbitration Board will be mailed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate expedited by 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 Xxxxxxxparties hereto, and the Union shall also decision of the majority and where there is no majority, the decision of the Chairman will be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge final and binding upon the Employer shall notify the affected employee, and a Shop Xxxxxxx parties hereto and the Union in writing employee or employees concerned. Each of the reasons for taking such actionparties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The notice of discipline or discharge shall time fixed in both the Grievance and Arbitration Procedures may be given to the affected employee and a Shop Xxxxxxx promptly and a copy extended by mutual consent of the discipline or discharge notice shall be forwarded parties to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the eventthis Agreement. 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.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25 25.01 A Shop XxxxxxxNo employee shall be disciplined or discharged without just cause. 25.02 An employee is entitled, prior to the imposition of discipline or in discharge, to be notified at a meeting with management of the absence of reason for considering such action unless he is a danger to himself or others. The employee shall be accompanied by a Union Representative and/or a Shop Xxxxxxx, another employee in the bargaining unit selected by unless the employee affectedspecifically declines Union representation in writing. The Hospital agrees to contact the Union Representative to establish an appropriate time, date and in location of the event meeting. A copy of the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time written declining of representation will be faxed to the Union Representative, within two (2) working days of receipt. 25.03 Employees shall be present from the beginning notified in writing of the meeting when grounds for discipline or dismissal. The Union shall receive a member copy via fax within twenty-four (24) hours of the bargaining unit: a) is given notification to the employee, unless the employee specifically instructs the Employer not to provide such a reprimand which is copy in writing and such written instruction to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer faxed to advise an employee by mail of discharge, the Union office will be mailed a copy within two (2) working days of such noticereceipt. 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, Union shall be given a copy of any disciplinary notice which is to be entered on an employee's ’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 discipline, the Employer shall notify the affected employee, and a Shop Xxxxxxx and the Union in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or discharge shall be given to the affected employee who is involved, 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 eventUnion, immediately. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. 25.04 Employees shall be able to obtain shown any adverse report concerning their performance or conduct, and their comments or reply shall also be recorded in their personnel file. Upon request, employees shall be given copies of their personnel file when requestedsuch documents. If the employee regards the report to be inaccurate, at the employee's expense. The Employer shall keep only one (1) personnel file per employeeemployee may also initiate a grievance requesting its correction or removal from his/her file. (a) Employee’s written corrective action documentation(s) other than suspension will 25.05 An employee who considers herself to have been wrongfully disciplined, suspended, or discharged shall 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 entitled to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.submit a grievance under Article 19

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in 24.01 In the absence of a Shop Xxxxxxxshop 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 Representativerepresentative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a written reprimand which or is being suspended or discharged unless the employee being disciplined waives the right to be entered represented in the presence of the Shop Xxxxxxx. The Shop Xxxxxxx may notify the Union Representative prior to the commencement of any such meeting and the Union Representative shall be entitled to attend any such meeting (if time permits) providing he or she is readily available to do so. 24.02 All disciplinary meetings shall be held in private and be strictly confidential, and shall take place in a location on the Company's premises. 24.03 When an employee has been given a written reprimand, suspension, disciplinary demotion or is dismissed from employment, the employee shall be informed in writing as to the reason(s) for such action. The employee, and the Union will be provided with a copy of all written notices which are placed on his/her personnel file. The Company will administer all discipline within a reasonable timeframe following the discovery of an offence. If the discipline involves a suspension the Company may opt to defer the date(s) of suspension to a time that is more operationally convenient to the Company. In all cases, suspensions must be administered within fifteen (15) working days of the disciplinary action, excluding all absences of the affected employee, unless the Company can demonstrate extenuating circumstances that do not permit this. 24.04 Effective January 1, 2014, the Company agrees that any written disciplinary notices shall be removed from the employee’s personnel file; bfile after four (4) years from the date of issue. This period of four (4) years shall not include periods of layoffs, periods of leaves of absence or periods of disciplinary suspensions. It is suspended or discharged. In unusual circumstances, where it is necessary understood that should any employee receive a written discipline for the Employer to advise an employee by mail of dischargesame or similar offence during said four (4) year period, the Union office employee will then be mailed required to wait a copy of further four (4) years before such notice. Absence of a Shop Xxxxxxx written discipline is removed from his or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesher personnel file. 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 24.05 Employees covered by this Agreement shall have access to their own personnel filefile once per calendar year, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel The 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 reviewed in the presence of management and the employee cannot remove any parts or documents 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 the file.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 26.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in being disciplined who is on the event Company’s premises at the member same time as the discipline is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing issued, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a written reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or discharged. In unusual circumstances, where it is necessary for the Employer A full-time Union Representative shall be entitled to advise an employee by mail of discharge, the Union office will be mailed a copy of attend any such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesmeeting providing they are readily available to do so. 25.02 26.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 26.03 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee (from Article 26.01) who is involved, and the Union, shall be given a copy of any disciplinary notice upon awareness and investigation, which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union Union, in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved, no later than one (1) working day after the discipline has been imposed and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 26.04 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon providing reasonable written request by notice of such intent to the employee involvedCompany. The Company shall be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer Company shall keep only one (1) personnel file per employee. Employees who are no longer employed by the Company shall not be entitled to have access to their entire personnel file. (a) Employee’s 26.05 The Company shall remove all written corrective action documentation(s) other than suspension will be taken disciplinary notices from an the 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 's personnel file after thirty (30) calendar months. The Company shall not be able to use any such disciplinary notice against the employee at a later date. This time frame of thirty (30) calendar months should no similar offence have occurred shall not include periods of layoff. Any employee who receives a written disciplinary notice for the same offense during said period. thirty (c30) All documentation(scalendar month period shall then be required to wait a further thirty (30) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s calendar months before all such notices are removed from their personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in 28.01 In the absence of a Shop Xxxxxxxshop 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 Representativerepresentative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a written reprimand which or is being suspended or discharged unless the employee being disciplined waives the right to be entered represented in the presence of the Shop Xxxxxxx. The Shop Xxxxxxx may notify the Union Representative prior to the commencement of any such meeting and the Union Representative shall be entitled to attend any such meeting (if time permits) providing he or she is readily available to do so. 28.02 All disciplinary meetings shall be held in private and be strictly confidential, and shall take place in a location on the Company's premises. 28.03 When an employee has been given a written reprimand, suspension, disciplinary demotion or is dismissed from employment, the employee shall be informed in writing as to the reason(s) for such action. The employee, and the Union will be provided with a copy of all written notices which are placed on his/her personnel file. The Company will administer all discipline within a reasonable timeframe following the discovery of an offence. If the discipline involves a suspension the Company may opt to defer the date(s) of suspension to a time that is more operationally convenient to the Company. In all cases, suspensions must be administered within fifteen (15) working days of the disciplinary action, excluding all absences of the affected employee, unless the Company can demonstrate extenuating circumstances that do not permit this. 28.04 Effective January 1, 2014, the Company agrees that any written disciplinary notices shall be removed from the employee’s personnel file; bfile after four (4) years from the date of issue. This period of four (4) years shall not include periods of layoffs, periods of leaves of absence or periods of disciplinary suspensions. It is suspended or discharged. In unusual circumstances, where it is necessary understood that should any employee receive a written discipline for the Employer to advise an employee by mail of dischargesame or similar offence during said four (4) year period, the Union office employee will then be mailed required to wait a copy of further four (4) years before such notice. Absence of a Shop Xxxxxxx written discipline is removed from his or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstancesher personnel file. 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 28.05 Employees covered by this Agreement shall have access to their own personnel filefile once per calendar year, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel The 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 reviewed in the presence of management and the employee cannot remove any parts or documents 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 the file.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop XxxxxxxAn employee is entitled, prior to the imposition of discipline or in discharge, to be notified at a meeting with management of the absence of reasons for considering such action unless they are a Shop Xxxxxxx, another danger to themselves or others. The employee in the bargaining unit selected will be accompanied by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union RepresentativeRepresentative unless the employee clearly indicates, that the employee does not wish such representation. The Employer agrees to contact the Union Representative to establish an appropriate time, date, and location for this meeting. All parties agree to meet within forty-eight hours of the incident which gave rise to the disciplinary matter. Employees shall be present from the beginning notified in writing of the meeting when grounds for discipline or discharge and the Union shall receive a member copy of the bargaining unit: a) is given a reprimand which is this notification faxed 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 within forty-eight hours of the meeting. No discipline, or discharge will be mailed valid unless the above-noted meeting takes place with the Union Representative present, unless the employee clearly indicates, that the employee does not want such representation. 25.02 When an employee is discharged from employment or laid off, demoted or disciplined, the Employer agrees to give the reason in writing to said employee, with a copy faxed or emailed to the Union within twenty-four (24) hours. 25.03 The Employer also agrees not to discharge, discipline, transfer or lay off employees without just and sufficient cause. 25.04 In order for a written disciplinary action or discharge to be valid, a copy of such noticenotice must be emailed or faxed to the Union office. 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 employeeIn addition, 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 must be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline employee. 25.05 The Employer agrees that any reprimand, suspension or discharge notice disciplinary 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 removed from the employee's expense. The Employer shall keep only one personnel record after twelve (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 (1512) months should provided no additional adverse reports for the same or similar offence have occurred during offense are written within the twelve (12) month period. If any adverse reports are written within the twelve (12) month period, all adverse reports remain on file for a twelve (12) month period from the date of the latest report. Once removed, said periodreprimands, suspension or disciplinary notices cannot be referred to or used against the employee at a later date. (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.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25 25.01 A Shop XxxxxxxNo employee shall be disciplined or discharged without just cause. 25.02 An employee is entitled, prior to the imposition of discipline or in discharge, to be notified at a meeting with management of the absence of reason for considering such action unless he is a danger to himself or others. The employee shall be accompanied by a Union Representative and/or a Shop Xxxxxxx, another employee in the bargaining unit selected by unless the employee affectedspecifically declines Union representation in writing. The Employer agrees to contact the Union Representative to establish an appropriate time, date and in location of the event meeting. A copy of the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time written declining of representation will be faxed to the Union Representative, within two (2) working days of receipt. 25.03 Employees shall be present from the beginning notified in writing of the meeting when grounds for discipline or dismissal. The Union shall receive a member copy via fax within twenty-four (24) hours of the bargaining unit: a) is given notification to the employee, unless the employee specifically instructs the Employer not to provide such a reprimand which is copy in writing and such written instruction to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer faxed to advise an employee by mail of discharge, the Union office will be mailed a copy within two (2) working days of such noticereceipt. 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, Union shall be given a copy of any disciplinary notice which is to be entered on an employee's ’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 discipline, the Employer shall notify the affected employee, and a Shop Xxxxxxx and the Union in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or discharge shall be given to the affected employee who is involved, 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 eventUnion, immediately. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. 25.04 Employees shall be able to obtain shown any adverse report concerning their performance or conduct, and their comments or reply shall also be recorded in their personnel file. Upon request, employees shall be given copies of their personnel file when requestedsuch documents. If the employee regards the report to be inaccurate, at the employee's expense. The Employer shall keep only one (1) personnel file per employeeemployee may also initiate a grievance requesting its correction or removal from his/her file. (a) Employee’s written corrective action documentation(s) other than suspension will 25.05 An employee who considers herself to have been wrongfully disciplined, suspended, or discharged shall 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 entitled to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.submit a grievance under Article 19

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 28.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing disciplined, shall be present from the beginning of the meeting when a member of the bargaining unit:unit is being disciplined or is being discharged. a) is given 28.02 All disciplinary meetings shall be held in private and shall take place in a reprimand which is to be entered location 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 circumstancesCompany's premises. 25.02 28.03 The affected employee, a the Shop Xxxxxxx who is involved, 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, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the said discipline or and/or discharge notice shall be forwarded faxed or emailed to the Union office via fax within two twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) hours of the event. 25.03 Employees covered 28.04 The Company shall provide the employee with any warning or adverse report. Any reply by this Agreement the employee shall have access to their own become part of his record. The record of any adverse report or disciplinary action involving a written warning, shall be removed from the employee’s personnel file, upon and shall neither be referred to nor used against an employee at any time after twelve (12) months following such written warning, except in the case of a similar reoccurrence. The record of any adverse report or disciplinary action involving a suspension shall be removed from the employee’s personnel file, and shall neither be referred to nor used against an employee at any time after twenty-four (24) calendar months following such suspension, except in the case of a similar reoccurrence within twenty-four (24) months of the event. 28.05 Upon written request to the Company, but no more than once (1x) per calendar year, an employee shall be given an exact copy of all documents on the employee’s file, including those documents which may be utilized to substantiate a disciplinary action against them and their reply to any such document shall also be placed in the employee file. The initial request by the employee involved. Employees shall be able to obtain include copies of their personnel all documents, and subsequent requests shall include copies of documents added to the file when requested, at since the employee's expense. The Employer shall keep only one (1) personnel file per employee’s last request. (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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 26.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affected, and in being disciplined who is on the event Company’s premises at the member same time as the discipline is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativebeing issued, shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is being given a written reprimand which or is to be entered on the employee’s personnel file; b) is being suspended or discharged. In unusual circumstances, where it A full-time Union Representative shall be entitled to attend any such meeting providing he or she is necessary for the Employer readily available 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 circumstancesdo so. 25.02 26.02 All disciplinary meetings shall be held in private and shall take place in a location on the Company's premises. 26.03 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee (from Article 26.01) who is involved, and the Union, shall be given a copy of any disciplinary notice upon awareness and investigation, which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 Company shall notify the affected employee, and a the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union Union, in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved, no later than one (1) working day after the discipline has been imposed and a copy of the said discipline or and/or discharge notice shall be forwarded faxed to the Union office via fax within two a further twenty-four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 26.04 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon providing reasonable written request by notice of such intent to the employee involvedCompany. The Company shall be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in his or her personnel file shall be placed in the employee's expensepersonnel file. The Employer Company shall keep only one one (1) personnel file per employee. Employees who are no longer employed by the Company shall not be entitled to have access to their entire personnel file. (a) Employee’s 26.05 The Company shall remove all written corrective action documentation(s) other than suspension will be taken disciplinary notices from an the 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 's personnel file after thirty (30) calendar months. The Company shall not be able to use any such disciplinary notice against the employee at a later date. This time frame of thirty (30) calendar months should no similar offence have occurred shall not include periods of layoff. Any employee who receives a written disciplinary notice for the same offense during said period. thirty (c30) All documentation(scalendar month period shall then be required to wait a further thirty (30) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s calendar months before all such notices are removed from their personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence Section 1. The principles 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, progressive discipline shall be present from the beginning of the meeting used when a member of the bargaining unit: a) is given a reprimand which is appropriate. Discipline shall include but not be limited to be entered on the employee’s personnel file; b) is suspended or dischargedwritten reprimands, pay reduction, demotion, suspension and dismissal. 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, Discipline 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 imposed only 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 employeejust cause. (a) Employee’s written corrective action documentation(sDischarge of a regular status employee may be appealed by the employee or Union to Step 3 of the grievance procedure. The employee or Union may appeal the discharge by completing the Official Grievance Form and sending it to the Department of Administrative Services, Chief Human Resource Office, Labor Relations Unit within thirty (30) other than suspension will be taken calendar days from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodthe effective date of the discharge. (b) Employee’s suspension documentation(s) will Written reprimands, reductions in pay, demotions or suspensions without pay may be taken from an employee’s file after appealed by the employee or Union to Step 2 of the grievance procedure. The employee or Union may appeal the action by completing the Official Grievance Form and sending it to the Agency Appointing Authority within thirty (30) months should no similar offence have occurred during said periodcalendar days from the effective date of the action. (ca) All documentation(sA written notice shall be given to a regular status employee against whom a charge, which may be cause for discharge, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be discharged. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Agency at a time and date set forth in the notice, which date shall not be more than seven (7) including corrective calendar days from the date the notice is received. The employee shall be permitted to have an official representative present. At the discretion of the Agency Appointing Authority the employee may be suspended with pay or be allowed to continue work as specified in the predismissal notice. (b) An employee reduced in pay, suspended or demoted shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Section 4. The Agency will not formally discipline an employee in front of other employees or the public. Section 5. The Agency will forward all written reprimands, pay reductions, suspensions, demotions and discharges to the Union the same day the Agency notifies the employee. Section 6. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action and suspension relating by the Agency. Employees may be allowed to incident(s) and/or complaint(s) of discrimination cover such absences with accrued vacation or harassment nature shall remain in an employee’s file.compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 28.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by (of the employee affected, disciplined employee's choice and who is in the event workplace at the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representativetime), shall be present from the beginning of the meeting when a member of the bargaining unit: a) unit is given a reprimand which is to be entered on the employee’s personnel file; b) written warning or is suspended or discharged. Further, in matters including suspension or discharge, a Union Representative, if readily available, may be present. In unusual circumstances, circumstances where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed or faxed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee full-time Union Representative shall not invalidate the discipline, except in exceptional circumstancesdiscipline or discharge. 25.02 28.02 All disciplinary meetings shall be held in private and shall take place in a location on the Employer's premises. 28.03 The affected employee, a the Shop Xxxxxxx who is involved, and the Union, shall be given a copy of any disciplinary notice which is to be entered on an the employee's personnel file. The affected employee, the Shop Xxxxxxx, file 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 the Shop Xxxxxxx who is involved, and the Union Union, in writing writing, of the exact reasons for taking such action. The Any such notice of discipline or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly who is involved, immediately, and a copy of the discipline or discharge such notice shall be forwarded faxed to the Union office via fax within two twenty- four (224) business days (excluding Saturday and Sunday and General Holidays) of the eventhours. 25.03 28.04 Disciplinary notices shall remain active for progressive discipline purposes for one year, excluding layoffs and leaves of absences, provided there are no further infractions within such period. 28.05 A single file for each employee shall be maintained by the Employer and shall contain a record of all disciplinary notices for that employee. Employees covered by this Agreement shall have access to their own personnel filedisciplinary file during non-working hours, and upon providing the Employer with one (1) working day's written request by the employee involvednotice of their intent to do so. The Employer shall be entitled to be present during such review. Employees shall be able to obtain copies of the disciplinary notices when requested. The employee may be accompanied by a Shop Xxxxxxx and/or Union Representative when reviewing their personnel file when requested, at the employee's expensefile. 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 A copy of an employee’s reply to any document contained in his or her personnel file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will shall also be taken from an placed in the 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 personnel file.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A 24.01 The Co-operative will not discipline or discharge an employee except for just cause. 24.02 Where practicable, a Shop XxxxxxxXxxxxxx or, or in the absence of a Shop Xxxxxxx, another employee of the disciplined employee's choice 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 Representativeunit, 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 '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 24.03 The affected employee, a the Shop Stewards and the Union shall, within forty-eight (48) hours of the event, shall be informed by fax/email/in person whether there will be an investigation for an event in which there may be discipline. The affected employee, the Shop Xxxxxxx and the UnionUnion shall, shall within ninety-six (96) hours of the event, be given a copy of any disciplinary disciplinary/discharge notice which is to be entered on an the 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 Co-operative shall notify the affected employee, and a the Shop Xxxxxxx Stewards and the Union in writing of the exact reasons for taking such action. . 24.04 The notice signing of discipline and/or discharge notices by shop stewards or discharge shall be given to employees does not mean that they are in agreement, or that they support the affected employee and a Shop Xxxxxxx promptly and a copy content of the discipline or and/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 eventnotice, but is acknowledgement that they have received said discipline and/or discharge notice. 25.03 24.05 Employees covered by this Agreement shall have access to their own personnel filefile during non-working hours, and upon written request by providing reasonable notice of such intent to the employee involvedCo-operative, who shall be entitled to be present during such review. Employees shall be able to obtain copies of their personnel file when requested, at requested and a copy of an employee's reply to any document contained in their personnel file shall be placed in the employee's expensepersonnel file. The Employer Co-operative shall keep only one (1) personnel file per employee. 24.06 The Co-operative shall remove all written disciplinary notices, except traffic accidents with the Co-operatives’ vehicle where the employee has been found 100% responsible, from an employee's personnel file after twenty-four (a24) Employee’s calendar months. The written corrective action documentation(s) other than suspension will disciplinary notice for a traffic accident with the Co-operatives’ vehicle where the employee is found 100% responsible, shall be taken removed from an employee’s personnel file after fifteen five (155) 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) years. The Co-operative shall not use any such disciplinary notice against the employee at a later date. This time frame of discrimination or harassment nature shall remain in an employee’s file.twenty-four

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in from the bargaining unit selected chosen by the employee affectedbeing disciplined, and in shall be present when the event the member is Employer intends to discipline an employee, by issuing a Shop Xxxxxxxverbal or written reprimand, another Shop Xxxxxxx suspension or an official discharge. A full-time Union Representative, Representative shall be present from the beginning of the entitled to attend any such meeting when a member of the bargaining unit: a) is given a reprimand which is providing they are readily available 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 circumstancesdo so. 25.02 All disciplinary meetings shall be held in private and shall take place on the Employer's premises unless otherwise agreed. 25.03 The affected employee, a the Shop Xxxxxxx or other bargaining unit employee (from Article 25.01) who is involved, 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, file 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 the Shop Xxxxxxx or other bargaining unit employee who is involved, and the Union in writing of the reasons for taking such action. The Any such notice of discipline or and/or discharge shall be given to the affected employee and a the Shop Xxxxxxx promptly or other bargaining unit employee who is involved no later than two (2) working days after the disciplinary action has occurred, and a copy of the said discipline or and/or discharge notice shall be forwarded provided to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the eventa further twenty-four hours. 25.03 25.04 Employees covered by this Agreement shall have supervised 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 and a copy of an employee's reply to any document contained in their personnel file that is submitted by the employee within ten (10) working days from when the employee became aware of the document, shall be placed in the employee's expensepersonnel file. Employees shall not remove any original copies of such documents from the Employer's premises. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s 25.05 The Employer shall remove all written corrective action documentation(s) other than suspension will be taken disciplinary notices from an the employee’s 's personnel file after fifteen eighteen (1518) months should no similar offence have occurred during said calendar months, unless there is a repeat of the offense that gave rise to the original disciplinary notice within this period. (b) Employee’s suspension documentation(s) will . The Employer shall not be taken from an employee’s file after able to use any such disciplinary notice against the employee at a later date. Periods of inactive employment in excess of thirty (30) months should no similar offence have occurred during said periodcalendar days (e.g., a leave of absence, layoff, etc. ) will not count towards the eighteen (c18) 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 filemonth period noted above.

Appears in 1 contract

Samples: Union Collective Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop Xxxxxxx8.01 In the event a non-probationary employee claims they have been disciplined without just cause by termination, suspension, written discipline or in the absence case of harassment, discrimination or absenteeism, the non-probationary employee shall submit a Shop Xxxxxxx, another employee in written grievance at Step 2 of the bargaining unit selected grievance procedure within fourteen (14) days after being notified by the employee affected, and Company of their discipline. 8.02 The parties agree that this Article 8 does not apply 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 discharge for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence any reason whatsoever of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another probationary employee shall not invalidate the discipline, except as referred to in exceptional circumstancesArticle 3.08. 25.02 The affected employee, a Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is 8.03 Any non-probationary employee who wishes 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 challenge 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 employeedismissal must grieve. (a) EmployeeUnless immediate removal of an employee is required from the workplace because the employee is a danger to themself, the workplace or others, the employee shall be entitled prior to the imposition of any letter of concern or written discipline or discharge, to be notified at a meeting with management for the reasons for discipline being considered. Unless the employee indicates otherwise in the presence of their full-time Union Representative or Shop Xxxxxxx, that employee shall be accompanied by their full-time Union Representative (if present) and/or the Shop Xxxxxxx of the affected employee’s written corrective action documentation(s) other than suspension choice. The date, time and location of this meeting shall be arranged for at a mutually agreeable time between the Company and the Union. If a mutually convenient time cannot be arranged, a time will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said periodscheduled with the Union Representative. (b) Employee’s suspension documentation(sImmediately prior to a discipline meeting, the employee and the shop xxxxxxx will have the opportunity to speak for five (5) will minutes in private. The employee shall be taken from notified in writing and at a meeting with their immediate Supervisor or designate of the grounds for any written discipline or discharge. The employee and the Union Representative or Shop Xxxxxxx shall have an opportunity at said meeting to present the employee’s file after thirty version of events or any other relevant information. The Shop Xxxxxxx shall receive a copy at said meeting and the Union Representative (30if not present at the meeting) 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) shall receive a copy of discrimination any written discipline or harassment nature shall remain in an employee’s file.discharge via fax or email within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 25.01 A Shop XxxxxxxAn Employee may be disciplined or discharged for just cause. If a meeting where a disciplinary action is to be communicated to an Employee is called by the Employer, the Employee shall have the right to be accompanied by a shop xxxxxxx or other Union representative who may be a staff representative. Whenever reasonably possible, the Supervisor shall an employee of a complaint directed to the Xxxx or supervisor concerning the Employee. Notwithstanding Article the Employer shall have the right to dismiss an employee during the probationary period of the Employee and the action taken by the Employer shall be deemed to be just cause for discharge and no arbitration hoard or single arbitrator shall have the jurisdiction to substitute any other penalty. Upon three (3) University business days notice to the department head or designate, an Employee shall have the to view the Employer's employee file on them, except for confidential references and except for student evaluations where the form of the evaluation could identify the student. At the request of the Employee, copies of the material in the absence file, which the Employee has a right to view, shall be provided to the Employee at expense. ARTICLE (PART-TIME ACADEMIC WORK ASSIGNMENTS) The Employer shall he required to post the following (a) part-time academic work assignments; and All such positions are, for the purposes of this Article referred to as “part-time academic” positions-and the probation and precedence provisions contained in this Article and in Article shall apply. When the Employer determines that an academic work assignment is available for a Shop Xxxxxxxpart- time academic, another employee the assignment shall he posted electronically at the University and may be concurrently advertised elsewhere. A copy of the posting shall he available electronically to Local for information only. shall detail the work assignment, the application deadline and the requirements for the position including qualifications, experienceand attributes required. Applications in response to shall be submitted in writing. Subject to Article persons applying for a part-time academic position who meet the requirements of Article shall have precedence for appointment based on the number of credit courses previously taught on a part-time basis at Dalhousie University providing they meet the requirements for the position outlined in the bargaining unit selected by the employee affected, and job posting. in the event that more than one applicant has equal precedence under this provision, the member is final recommendation for appointment shall be made by the Chair to the Xxxx. In the event a Shop Xxxxxxx, another Shop Xxxxxxx or an official fullposted part-time Union Representativeacademic work assignment is not filled through the posting procedure, shall be present from the beginning Employer will address the part-time academic work assignment as the Employer deems appropriate. in the event of an emergency situation such as, but not limited to, resignation, death, illness, withdrawal of the meeting when a member of assigned professor or higher than anticipated student enrolment, 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 circumstancesEmployer shall, where it is necessary for practicable in the circumstances to do so, choose from the applicant pool and shall then follow the procedures set out in Article and will report choice to the Union. If there is no applicant pool, no qualified applicant or no qualified applicant who is immediately available, the Employer to advise an employee by mail of discharge, will address 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 part-time academic work assignment as 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 eventdeems appropriate. 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.

Appears in 1 contract

Samples: Collective Agreement

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