Common use of DISCIPLINE/DISCHARGE Clause in Contracts

DISCIPLINE/DISCHARGE. Section 15.1 The Employer shall not discipline, suspend or discharge an employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) to the employee in writing and a copy of same to the union, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely manner. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 3 contracts

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

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DISCIPLINE/DISCHARGE. Section 15.1 The Employer shall not discipline, suspend or discharge an 8.01 In the event a non-probationary employee claims they have been disciplined without just causecause by termination, but suspension, written discipline or in respect to discharge the case of harassment, discrimination or suspension absenteeism, the non-probationary employee shall give submit a written grievance at least one (1) warning letter Step 2 of the complaint against such grievance procedure within fourteen (14) days after being notified by the Company of their discipline. 8.02 The parties agree that this Article 8 does not apply in the event of the discharge for any reason whatsoever of a probationary employee (except employees on probation) as referred to the in Article 3.08. 8.03 Any non-probationary employee in writing and a copy of same who wishes to the union, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitudechallenge their dismissal must grieve. (1a) representative in attendance Unless immediate removal of anemployee is required from the workplace because the employee is a danger to themself, the workplace or has reasonable expectation could result 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 being disciplined shall be accompanied by their full-time Union Representative (if present) and/or the Shop Xxxxxxx of the affected employee’s 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 scheduled with the Union Representative. (b) Immediately prior to a discipline meeting, the employee and the shop xxxxxxx will have the opportunity to speak for five (5) minutes in private. The employee shall be notified in writing as soon as reasonably practicable in advance 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 dateto present the employee’s version of events or any other relevant information. Said written notice The Shop Xxxxxxx shall clearly state the purpose of the receive a copy at said meeting and the employee has Union Representative (if not present at the right to meeting) shall receive a union representative. The copy of any written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than or discharge via fax or email within twenty-four (24) months from hours of issuance, or at the date end of issuance of said notices of the following business day in the event that discipline is issued after which it hours or on a weekend. (c) The Company shall be removed from provide the employee with any warning or adverse report. This includes any non-disciplinary letters that are placed in the employee's ’s personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed Any reply by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removedemployee shall become part of their record. The Employer record of any adverse report or disciplinary action involving a written warning, shall conduct all neither be referred to nor used against an employee at any time after twelve (12) calendar months following such written warning, except in the case of a similar reoccurrence. The record of any adverse report or disciplinary investigation in action involving a timely manner. Section 15.2 Disciplinary actions suspension of three (3) days or less, shall neither be immediately removed from the employee's personnel file if the complaint is determined referred to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.nor used against an employee at any time after eighteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. Section 15.1 a. If an employee is to be called in by the Employer to discuss a matter which could lead to discipline, she shall be so advised in advance of the meeting. The employee or the Employer may then request the attendance of a xxxxxxx. If a xxxxxxx is then not on duty, the meeting shall take place when a xxxxxxx is available subject to clause (b) below. The employee shall not discipline, suspend or discharge an employee without just cause, but be paid for time at such meeting unless the meeting is on her shift in respect to discharge or suspension which case there shall give at least be no loss in pay. The Xxxxxxx shall be paid a minimum of one (1) warning letter hours pay for attending such a meeting at management’s request. b. Such disciplinary meeting shall normally take place during the employee's scheduled shift and the amount of time allotted for the meeting shall be appropriate to the circumstances which gave rise to the meeting. If the employee is not at work and is not scheduled to work within three (3) days of the complaint against incident or, if the incident giving rise to the meeting is so serious that more immediate action is warranted, she may be called in at a time when she is not scheduled. c. During such disciplinary meeting the employee (except employees on probationand the xxxxxxx may be allowed to meet for a reasonable period of time in private if such meeting is requested by either party. d. When discipline is to be administered, the reason(s) for the discipline shall be communicated during the meeting and confirmed in writing to the employee in writing and within three (3) days of the meeting. The time limits for filing a grievance as per Article 25.03 shall commence when the written confirmation of discipline is received. 27.02 A copy of same all disciplinary notations shall be sent to the unionchief xxxxxxx in the facility where it originates and to the Union office. 27.03 The Union and the Employer agree that resident abuse by any bargaining unit employee is of such gravity that it constitutes just cause for immediate termination of employment. In the event that any bargaining unit employee has engaged in resident abuse, except the employee will be terminated for cause and this Article is deemed to be a specific penalty as referred to in the Labour Relations Act. It is understood that no warning letter need a board of arbitration may not set aside and substitute any other penalty for the disciplinary response of termination where it can be given to established that an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative has engaged in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removedresident abuse. The Employer shall conduct all disciplinary investigation acknowledges that it will provide orientation and/or an in a timely mannerservice training session to employees which it deems to be appropriate and which addresses resident abuse and managing aggressive residents. Section 15.2 Disciplinary actions shall 27.04 A suspension or discharge grievance may be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue taken up at Step 2 of just cause shall be resolved in accordance with the grievance procedure of this Agreementprocedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE/DISCHARGE. Section 15.1 A. Disciplinary actions for just cause shall include the following: Oral reprimand Written reprimand Suspension(s) (notice to be given in writing) Discharge Disciplinary action may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee and as stated in the adopted Rules of Conduct and Responsibilities of the City of Oak Park. The Employer term "disciplinary action" shall further be defined as any action which would result in a loss of wages, fringe benefits, seniority, or a lowering in rank or change in classification. Further, that the definition of "disciplinary action" shall not disciplineapply in the case of a promotional type grievance. The above listing of disciplinary actions shall not preclude the City from appropriately disciplining employees by applying any of the disciplinary steps regardless of the order of the above listing should circumstances warrant. B. Disciplinary action involving an oral and/or written reprimand(s) may be processed as a grievance through Step 3 of the regular grievance procedure. C. If the employer has reason to reprimand an employee, suspend it shall be done in a manner that will not embarrass the employee before other employees or the public. D. The employee, upon being confronted with a written reprimand, is required to acknowledge notice of said reprimand by his or her signature. The signature of the employee on the written reprimand is not to be construed as his/her agreement with the charges but is to be considered only that he or she has knowledge that such a reprimand is in existence. In the event the employee refuses to sign said reprimand, the Union President, Union Xxxxxxx and/or Officer will acknowledge that such a reprimand is in existence with their signature on behalf of the employee. E. The City shall not discharge an any employee without just cause. If, but in respect any case, the City feels there is just cause for discharge, the employee involved will be suspended for five (5) days. Pending approval from the City, the employee may use accumulated sick and vacation leave to discharge or receive pay during the suspension. If approval is not granted, the suspension shall give at least one (1) warning letter will be served without pay. The employee and the president of the complaint Bargaining Unit will be notified, in writing that the employee has been suspended and is subject to discharge. Employees facing discharge shall be granted a pre- termination hearing at which time; the employee will be presented with the charges against such him or her, along with an explanation of the employer's evidence. The employee (except employees on probation) will then have an opportunity to respond to the allegations and evidence presented. F. The Union shall have the right to take any suspension and/or discharge it deems to be arbitrary, capricious or unreasonable, to the third step of the grievance procedure and the matter shall be handled through the applicable arbitration procedure where necessary. An employee, at his or her own discretion, may be represented by a representative of TPOAM, or his or her own legal counsel. If the employee in writing chooses his or her own counsel, it is understood that he or she must notify the Union and sign a release form. No hearing shall be held prior to the City receiving a copy of same the release form signed by the employee. It is understood, however, that this hearing is not established to litigate the union, except that no warning letter need be given problem or charges but serves only as an opportunity for both parties to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitudepresent their viewpoints. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right G. Probationary employees are not subject to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided Article 12 herein. H. In administering progressive discipline, the City shall not remain take in effect for a period of account any discipline, which occurred more than twenty-four (24) 24 months from previously unless the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued infraction resulted in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal suspension of three days or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannermore. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

DISCIPLINE/DISCHARGE. SECTION ONE: A. No employee shall be disciplined without due process as defined in Section 15.1 Two, Clause D for reasons that are capricious or arbitrary. The Employer term "discipline" as used in this Agreement includes warnings, reprimands, suspensions with or without pay, reductions in rank, compensation or occupational advantage, discharges or other actions of a disciplinary nature. The specific grounds for disciplinary action will be presented in writing to the employee and the Union no later than at the time discipline is imposed. B. All employees shall not discipline, suspend be entitled to have present a representative of the Union during any meeting which will or discharge an employee without just cause, but in may lead to disciplinary action by the Employer. No action shall be taken with respect to discharge or suspension the employee until such representative of the Union is present and the representative shall give at least be present within one (1) warning letter week of the complaint against such employee (except employees on probation) request or if mutually agreeable at a later date. This shall not preclude any disciplinary action the administration shall deem necessary for the health, welfare, or safety of the students or staff. This action may be immediate. Should disciplinary action be likely to occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the Employer of the right to representation under this provision of the Agreement provided, however, that if a representative is not immediately available, action may be taken subject to a subsequent meeting when the administration deems it necessary to take prompt intervention steps. A. The normal disciplinary procedure shall consist of the following, however, nothing in writing and the aforementioned shall preclude the administration in its sole discretion from moving to any advanced step depending upon the seriousness of the offense: 1. verbal 2. written 3. suspension 4. discharge B. In the case of a copy of same to the uniondismissal, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such demotion, discharge or suspension is for theftof any employee, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined Union shall be notified in writing advised of the reasons for the dismissal, demotion, discharge or suspension of any employee as soon as reasonably practicable in advance possible. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the meeting date. Said written notice shall clearly state the purpose of the meeting employee and the employee has the right to a union representativeUnion. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours Causes which shall be compensated in accordance with deemed sufficient for suspension, demotion, or dismissal or other disciplinary action include, but are not limited to the provisions of this Agreementfollowing: 1. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months Unauthorized or excessive absence from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannerwork. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded2. Conviction of any criminal act. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement3. Disorderly or immoral conduct involving students or staff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. Section 15.1 a) The Employer shall not disciplinehave the right to discharge, suspend or discharge otherwise discipline an employee without covered by this Agreement for just cause. In the case of suspension, but and/or discharge, the Employer will notify the Union and the Local Union President in respect writing of such action. If the Union desires to discharge or suspension contest such action by grievance process, it shall give written notice to the Employer within ten (10) working days from the date of receipt of notice of suspension or termination. In such event, the dispute may be submitted for determination commencing at least one (1) warning letter Step 3 of the complaint against such employee (except employees on probationgrievance procedure. b) to Where the employee in writing and Employer seeks the imposition of a copy of same to the unionsuspension without pay, except that no warning letter need be given to an employee before he is discharged or suspended if the cause dismissal from service, notice of such discharge or suspension discipline shall be made, in writing, and served upon the employee. The conduct for which discipline is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result being imposed and the penalty proposed shall be specified in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representativenotice. The written notice will served on the employee shall contain the contact information a full description of the appropriate Council Representative specified act and conduct, including reference to dates, times, and places when relevant and management has such information. All relevant information not in management’s possession at the time of the discipline shall be provided to the employee and the union as provided soon as procured by each Council Representativemanagement. Employees who are required by The Union shall be notified, simultaneously or as soon as possible thereafter. An employee shall not be disciplined for acts which occurred more than ninety (90) days prior to the imposition of the charges, or more than ninety (90) days after the Employer learns of a punishable act, or identifies the responsible person whichever is greater. This exception is limited to participate in an investigation meeting outside of their work hours shall be compensated in accordance with those cases where the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for problem is only evident over a period of more than twenty-four (24) months from time and repetition or where the date employer could not reasonably have been aware of issuance the infraction sooner. A grievance filed as a result of said notices of discipline after which it suspension shall be removed from initiated at Step 3 of the employee's grievance procedure if the Department Head or her/his designee was present at the disciplinary conference. A termination may be initiated at Step 3 of the grievance procedure. All employees shall have access to review their own personnel files 48 hours after written notification to the Human Resources Department. Such requests shall be reasonable as to frequency. The employee shall have the right to respond, in writing, to any document in the file. Such response shall become part of the personnel file. Warning letters to be considered validAn employee may request the expungement of materials included in the file where there are pertinent and substantative inaccuracies, must be issued within fifteen (15) workdays after the occurrence or for reasons of the violation time duration, relevance or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letterfairness. Suspension and discharge actions Such requests will be issued evaluated in a timely manner. However, in accordance with relation to the Washington State Administrative Code (WAC), any discipline administered hospital’s needs for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may comprehensive and complete records but will not be removedunreasonably denied. The Employer shall conduct all disciplinary investigation in a timely manner. Section 15.2 Disciplinary actions No document of anonymous origin shall be immediately removed from the maintained in an employee's ’s personnel file if the complaint is determined to be unfoundedfile. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. SECTION ONE: A. No employee shall be disciplined without due process as defined in Section 15.1 Two (D) for reasons that are capricious or arbitrary .. The Employer shall not disciplineterm "disctpllne" as used in this Agreement includes warnings, suspend reprimands, suspensions with or discharge an employee without just causepay, but reductions in respect to discharge rank. compensation or suspension shall give at least one (1) warning letter occupational advantage, discharges or other actions of the complaint against such employee (except employees on probation) a disciplinary nature. The specific grounds for disciplinary action will be presented in writing to the employee in writing and the union no later than at the time discipline is imposed. B. All employees shall be entitled to have present a copy representative of same the union during any meeting which will or may lead to disciplinary action by the employer. No action shall be taken with respect to the union, except that no warning letter need employee until such representative of the union is present and the representative shall be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude.present within one (1) week of the request or if mutually agreeable at a later date. This shall not preclude any disciplinary action the administration shall deem necessary for the health, welfare, or safety of the students or staff. This action may be immediate. Should disciplinary action be likely to occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the employer of the right to representation under this provision of the Agreement provided, however. that if a representative in attendance or has reasonable expectation could result is not immediately available, action may be taken subject to a subsequent meeting when the administration deems it necessary to take prompt intervention steps. A. The normal disciplinary procedure shall consist of the following, however, nothing in the employee being disciplined aforementioned shall preclude the administration in its sole discretion from moving to any advanced step depending upon the seriousness of the offense: 1. verbal 2. written 3. suspension 4. discharge B. In the case of a dismissal, demotion, discharge or suspension of any employee, the union shall be notified in writing advised of the reasons for the dismissal, demotion, discharge or suspension of any employee as soon as reasonably practicable in advance possible. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the meeting date. Said written notice shall clearly state the purpose of the meeting employee and the employee has the right to a union representativeunion. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours Causes which shall be compensated in accordance with deemed sufficient for suspension, demotion, or dismissal or other disciplinary action include, but are not limited to the provisions of this Agreementfollowing: 1. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months Unauthorized or excessive absence from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannerwork. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded2. Conviction of any criminal act. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement3. Disorderly or immoral conduct involving students.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. Section 15.1 The Employer shall not discipline, suspend or discharge a. If an employee without just cause, but is called in respect to discharge or suspension shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) to the employee in writing and a copy of same to the union, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate discuss a disciplinary matter, the employee or the Employer may request the attendance of a Xxxxxxx. The Employer shall endeavour to schedule such meetings to take place at a time when a Xxxxxxx can attend. The employee shall not be paid for time at such meetings unless the meeting is on her shift, in which case there shall be no loss of pay. The Xxxxxxx shall be paid for time spent in attendance at such meetings. b. Such disciplinary meeting may normally take place during the employee’s scheduled shift and the amount of time allotted for the meeting shall be appropriate to the circumstances which gave rise to the meeting. If the employee if not at work and is not scheduled to work within three (3) days of the incident or, if the incident giving rise to the meeting is so serious that more immediate action is warranted, she may be called in at a time when she is not scheduled. c. During such disciplinary meeting the employee and the xxxxxxx may be allowed to meet for a reasonable period of time in private if such meeting is requested by either party. d. When discipline is to be administered, the reason(s) for the discipline shall be communicated during the meeting and confirmed in writing to the employee within three (3) days of the meeting. The time limits for filing a grievance as per Article 25.03 shall commence when the written confirmation of discipline is received. 27.02 A copy of all disciplinary notations shall be sent to the CLAC Representative in the facility where it originates and to the Union office. 27.03 The Union and the Employer agree that resident abuse by any bargaining unit employee is of such gravity that it constitutes just cause for immediate termination of employment. In the event that any bargaining unit employee has engaged in resident abuse, the employee will be terminated for cause and this Article is deemed to be a specific penalty as referred to in the Labour Relations Act. It is understood that a board of arbitration may not set aside and substitute any other penalty for the disciplinary response of termination where it can be established that an employee has engaged in resident abuse. The Employer acknowledges that it will provide orientation and/or an in service training session to employees which it deems to be appropriate and which addresses resident abuse and managing aggressive residents. 27.04 A suspension or discharge grievance may be taken up at Step 2 of the grievance procedure. 27.05 All discipline in an investigation meeting outside of their work hours employee’s file shall be compensated in accordance with removed after eighteen (18) months, provided there is no reoccurring discipline during that period; if the provisions of this Agreement. Notices of discipline as herein provided incident involves a third party (residents or family), it shall not remain in effect for a period of more than be removed after twenty-four (24) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannermonths. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. A. No employee shall be disciplined without due process as defined in Section 15.1 Two, Clause D for reasons that are capricious or arbitrary. The Employer term "discipline" as used in this Agreement includes warnings, reprimands, suspensions with or without pay, reductions in rank, compensation or occupational advantage, discharges or other actions of a disciplinary nature. The specific grounds for disciplinary action will be presented in writing to the employee and the Union no later than at the time discipline is imposed. B. All employees shall not discipline, suspend be entitled to have present a representative of the Union during any meeting which will or discharge an employee without just cause, but in may lead to disciplinary action by the Employer. No action shall be taken with respect to discharge or suspension the employee until such representative of the Union is present and the representative shall give at least be present within one (1) warning letter week of the complaint against such employee (except employees on probation) request or if mutually agreeable at a later date. This shall not preclude any disciplinary action the administration shall deem necessary for the health, welfare, or safety of the students or staff. This action may be immediate. Should disciplinary action be likely to occur at a given meeting the employee shall be advised immediately of said possibility and be advised by the Employer of the right to representation under this provision of the Agreement provided, however, that if a representative is not immediately available, action may be taken subject to a subsequent meeting when the administration deems it necessary to take prompt intervention steps. A. The normal disciplinary procedure shall consist of the following, however, nothing in writing and the aforementioned shall preclude the administration in its sole discretion from moving to any advanced step depending upon the seriousness of the offense: 1. verbal 2. written 3. suspension 4. discharge B. In the case of a copy of same to the uniondismissal, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such demotion, discharge or suspension is for theftof any employee, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined Union shall be notified in writing advised of the reasons for the dismissal, demotion, discharge or suspension of any employee as soon as reasonably practicable in advance possible. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the meeting date. Said written notice shall clearly state the purpose of the meeting employee and the employee has the right to a union representativeUnion. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours Causes which shall be compensated in accordance with deemed sufficient for suspension, demotion, or dismissal or other disciplinary action include, but are not limited to the provisions of this Agreementfollowing: 1. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months Unauthorized or excessive absence from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannerwork. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded2. Conviction of any criminal act. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement3. Disorderly or immoral conduct involving students or staff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. Section 15.1 The Employer Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay reduction in grade or dismissal from service based upon the personal conduct or performance of the involved employee. Dismissal from service, or reduction in grade, based upon a layoff or other operational judgment of the employer shall not be construed to be discipline. 15.2 Where the employer imposes or intends to impose discipline, suspend or discharge an employee without just cause, but in respect to discharge or suspension written notice of such discipline shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) to the employee in writing and a copy of same to the union, except that no warning letter need be given to the employee. Such notice shall contain a reasonable specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline. The employee or the employee’s union representative may request a hearing before the Superintendent of Elections within five (5) days of receipt of notice of discipline. 15.3 When a hearing is requested, no discipline shall be imposed prior to such hearing and a decision rendered by the Superintendent of Elections except that an employee before he may be suspended immediately and prior to a hearing where it is discharged determined that the employee is unfit for duty or suspended is a hazard to any person if permitted to remain on the cause of such discharge job, or that an immediate suspension is for theftnecessary to maintain the health, gross insubordinationorder, or drunkenness on duty and/or issues effective direction of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely mannerpublic service. However, a Preliminary Notice of Disciplinary Action with opportunity for a hearing must be served in accordance with person or by certified mail within five days following the Washington State Administrative Code (WAC), any discipline administered immediate suspension. The requirement for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may a Xxxxxxxxxx hearing concerning the necessity for immediate suspension shall not be removed. The Employer shall conduct all disciplinary investigation precluded in a timely mannerany manner by this section. Section 15.2 Disciplinary actions 15.4 An employee may be suspended immediately when the employee is formally charged with a crime of the first, second or third degree, or a crime of the fourth degree, on the job or directly related to the job. 15.5 Five (5) days prior to any disciplinary hearing and upon request, management will provide the union representative of the employee any documents which will be relied upon at the disciplinary hearing 15.6 The hearing before the Superintendent of Elections shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue first step of just cause shall be resolved in accordance with the grievance procedure of this Agreementin disciplinary matters. However, the employee may be represented by a non-employee union representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCIPLINE/DISCHARGE. Section 15.1 The Employer 1. Corrective discipline may be warranted in the event of any actions involving professional conduct, attendance, job performance (subject to Article 16, Section 6), or in cases involving failure to follow written Standard Operating Procedures. Corrective disciplinary action shall not disciplinebe progressive and may exist in verbal or written form. In extreme and/or severe circumstances, suspend the normal progression may be bypassed. An employee shall first receive a verbal warning for an offense. This will be followed by a written reprimand and should the same or discharge an employee related practice continue, and then by one three-day suspension without just cause, but pay should the practice continue. All disciplines shall be in respect to discharge or suspension writing (including verbal warnings). A copy shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) be given to the employee and to the Union, unless the employee has requested in writing and that the Union not receive the specifics. In such instances the Union will receive a copy notice stating only the level of same to the union, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting discipline and the employee involved. Section 2. It is hereby agreed that the Employer has the right to discharge for just and sufficient cause. The Employer agrees to advise the Union of any such discharge and the reasons for such action. Section 3. No disciplinary action that was recorded more than twelve (12) months in the past should be considered in the course of current disciplinary action. Section 4. An employee called for the purpose of discussing any circumstance that may lead to or potentially result in disciplinary action shall have the right to have a union representativerepresentative or an alternate present. The written notice Where the employee wishes such representation, the conference shall not be held without a representative or alternate present. Section 5. Any disciplinary action will contain the contact information be taken within ten (10) working days of the appropriate Council Representative as provided by each Council Representative. Employees who are required by Employer becoming aware of the occurrence leading to the discipline unless the Employer to participate in is still investigating the occurrence. If the Employer has not completed its investigation within ten (10) working days, it shall notify the employee and the Union that an investigation meeting outside is ongoing and state the nature of their work hours the investigation and its expected duration. In no case shall discipline be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of issued more than twenty-four twenty (2420) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of working days following the Employer's ’s knowledge of the violation claimed conduct leading to discipline, except that the parties may, by mutual agreement, extend the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered date for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannerissuance of discipline. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. Section 15.1 The Employer A. Dismissal, suspension, and/or any other disciplinary action shall not disciplinebe only for just and stated causes with the employees having the right to defend themselves against any and all charges. Written notification of dismissal, suspend suspension, or discharge an employee without just cause, but in respect to discharge or suspension other disciplinary action shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) be sent to the employee in writing and a copy of same to within five (5) working days. The employee, at his/her option, may notify the unionUnion. Among the causes which may be deemed sufficient for dismissal, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theftsuspension, gross insubordinationdemotion, or drunkenness on duty and/or issues other disciplinary action are the following: 1. Unauthorized or excessive absence from work; 2. Commitment or conviction of parallel magnitude.any criminal act; (1) representative in attendance or has reasonable expectation could result 3. Conduct unbecoming any employee in the employee being disciplined shall be notified public service; 4. Disorderly or immoral conduct; 5. Incompetency or inefficiency; 6. Insubordination; 7. Bringing intoxicants into or consuming intoxicants on any school property or reporting for work under the influence of intoxicating beverage in writing as soon as reasonably practicable in advance any degree whatsoever; 8. Neglect of the meeting dateduty; 9. Said written notice shall clearly state the purpose Negligence or willful damage to public school property, waste, or misappropriation of the meeting and the employee has the right public school supplies or equipment; 10. Violation of any lawful regulation or order made by a supervisor; 11. Refusal or failure to a union representativeuse required safety equipment; 12. The written notice will contain the contact information Willful violation of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the any provisions of this Agreementcontract; 13. Notices Deliberate falsification of discipline as herein provided records and reports; or 14. Violation of the District's smoking policy. B. A bargaining unit member shall not remain in effect be entitled to have present a representative of the Association during any meeting which will or may lead to disciplinary action by the employer. When a request for such representation is made, there will be no further discussion with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and shall be apprised by the employer of the employee's right to representation. All dismissals shall be without pay. No suspension shall be effective for a period of more than twenty-four ten (2410) months working days without prior approval of the Director of HR/LR. C. An employee may be dismissed, suspended, or disciplined pending investigation and discussion, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, except where an arbitrator determines that a lesser award is appropriate, including litigation of damages. D. Both parties recognize that communication is critical to employee/employer relationships within an efficient workplace. It is agreed and understood that the following progressive system of discipline shall be followed in disciplining bargaining unit members: 1. Written verbal warning by Director of Food Service. 2. Written warning by Director of Food Service. 3. Suspension with pay pending a “just cause” hearing (in cases where such a hearing is necessary). 4. Suspension without pay. 5. Dismissal for just cause only. The parties recognize that some infractions may be so serious as to warrant skipping one or more steps in the process. E. If the dismissal or suspension is sustained under the procedures outlined in the grievance procedure, the employee shall be deemed dismissed as of the date of dismissal or suspension. F. Any suspended employee shall leave the premises and shall remain away until such dismissal or suspension is lifted or cleared. G. In any case of dismissal, suspension, or disciplinary action, the employee, if he/she so desires, may request an investigation. This request must be written and presented within five (5) working days from the date of issuance of said notices of discipline after which it shall be removed dismissal, suspension, or disciplinary action. Appeal from the employee's personnel file. Warning letters to be considered valid, discharge or suspension must be issued heard within five (5) working days and a decision reached within fifteen (15) workdays after working days from the occurrence date of the violation discharge or suspension. If no decision has been rendered within fifteen (15) workdays working days, the case shall then be taken up as provided in the grievance procedure. H. Letters of reprimand shall not be placed in the Employerindividual employee's knowledge of the violation claimed files before a hearing attended by the Employer in such warning letteremployee and Director of Food Service. Suspension and discharge actions will A Union representative may be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely manner. Section 15.2 Disciplinary actions shall be immediately removed from present if requested by the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Master Agreement

DISCIPLINE/DISCHARGE. Section 15.1 a. If an employee is to be called in by the Employer to discuss a matter which could lead to discipline, she shall be so advised in advance of the meeting. The employee or the Employer may then request the attendance of a xxxxxxx. If a xxxxxxx is then not on duty, the meeting shall take place when a xxxxxxx is available subject to clause (b) below. The employee shall not discipline, suspend or discharge an employee without just cause, but be paid for time at such meeting unless the meeting is on her shift in respect to discharge or suspension which case there shall give at least be no loss in pay. The Xxxxxxx shall be paid a minimum of one (1) warning letter hours pay for attending such a meeting at management’s request. b. Such disciplinary meeting shall normally take place during the employee's scheduled shift and the amount of time allotted for the meeting shall be appropriate to the circumstances which gave rise to the meeting. If the employee is not at work and is not scheduled to work within three (3) days of the complaint against incident or, if the incident giving rise to the meeting is so serious that more immediate action is warranted, she may be called in at a time when she is not scheduled. c. During such disciplinary meeting the employee (except employees on probationand the xxxxxxx may be allowed to meet for a reasonable period of time in private if such meeting is requested by either party. d. When discipline is to be administered, the reason(s) for the discipline shall be communicated during the meeting and confirmed in writing to the employee in writing and within three (3) days of the meeting. The time limits for filing a grievance as per Article 24.03 shall commence when the written confirmation of discipline is received. 26.02 A copy of same all disciplinary notations shall be sent to the unionchief xxxxxxx in the facility where it originates and to the Union office. 26.03 The Union and the Employer agree that resident abuse by any bargaining unit employee is of such gravity that it constitutes just cause for immediate termination of employment. In the event that any bargaining unit employee has engaged in resident abuse, except the employee will be terminated for cause and this Article is deemed to be a specific penalty as referred to in the Labour Relations Act. It is understood that no warning letter need a board of arbitration may not set aside and substitute any other penalty for the disciplinary response of termination where it can be given to established that an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative has engaged in attendance or has reasonable expectation could result in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting date. Said written notice shall clearly state the purpose of the meeting and the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than twenty-four (24) months from the date of issuance of said notices of discipline after which it shall be removed from the employee's personnel file. Warning letters to be considered valid, must be issued within fifteen (15) workdays after the occurrence of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removedresident abuse. The Employer shall conduct all disciplinary investigation acknowledges that it will provide orientation and/or an in a timely mannerservice training session to employees which it deems to be appropriate and which addresses resident abuse and managing aggressive residents. Section 15.2 Disciplinary actions shall 26.04 A suspension or discharge grievance may be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue taken up at Step 2 of just cause shall be resolved in accordance with the grievance procedure of this Agreementprocedure.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. Section 15.1 16.01 The Employer shall not disciplinemay warn, suspend suspend, demote or discharge an employee without for just cause. If the conduct or performance of an employee warrants disciplinary action, but such action shall be confirmed in respect writing. A copy of all such documentation shall be provided to discharge or suspension shall give at least one (1the employee(s) warning letter involved, and forwarded to the office of the complaint against such employee (except employees on probation) to Union at the employee in writing and a copy of same to the union, except that no warning letter need time they are issued. 16.02 Any disciplinary notice shall be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordinationissued only after, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result in during the meeting with the employee being disciplined disciplined. An employee shall be notified in writing as soon as reasonably practicable in advance advised of the nature of the meeting dateprior to entering. Said written notice shall clearly state the purpose of the meeting and Unless the employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours wishes otherwise, she shall be compensated accompanied by a xxxxxxx who shall be paid for such time in accordance with Article 4. 01. Where more than one xxxxxxx is on the provisions premises, the employee shall be accompanied by a xxxxxxx of this Agreementher choosing. Notices The employee and the xxxxxxx shall be allowed to meet for a reasonable period of time in private during or after such meeting. 16.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and is not scheduled to work within three (3) days of the incident, or if the incident giving rise to the meeting is so serious that more immediate action is warranted, she may be called in at a time when she is not scheduled, but will be paid for such time during the meeting. 16.04 Any record of discipline as herein provided shall not remain in effect for a period of more older than twenty-four twelve (2412) months from the date of issuance of said notices of discipline after which it shall be removed from the an employee's personnel ’s file. Warning letters to be considered valid, must be provided that there is no subsequent discipline of any reason issued within fifteen during such period. 16.05 Within five (155) workdays after following a suspension or discharge, the occurrence employee involved (provided she has completed the probationary period) may, together with a Union representative, process her complaint by by-passing Step 1 and proceeding directly to Step 2 of the violation or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannergrievance procedure. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE/DISCHARGE. Section 15.1 (a) The Employer shall not right to employ, discipline, suspend or discharge an employee without just cause, but in respect to discharge or suspension lay off for cause shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) to the employee in writing and a copy of same to the union, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination, or drunkenness on duty and/or issues of parallel magnitude. (1) representative in attendance or has reasonable expectation could result vested solely in the employee being disciplined shall be notified in writing as soon as reasonably practicable in advance of the meeting dateEmployer. Said written notice shall clearly state the purpose of the meeting and the employee However, after an Employee has the right to a union representative. The written notice will contain the contact information of the appropriate Council Representative as provided by each Council Representative. Employees who are required been continuously employed by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the provisions of this Agreement. Notices of discipline as herein provided shall not remain in effect for a period of more than one hundred and twenty (120) days, the Union shall have the right to investigate the reasons therefor and to protest such discharge, discipline or layoff through the grievance procedure. The probationary period may be extended upon good cause shown with the approval of the Union, The employee’s obligation to pay Union dues in accordance with Article I of this agreement arises upon completion of their initial thirty (30) calendar days of employment. By mutual agreement of the Employer and the Union, which shall not be unreasonably withheld, the above-mentioned 120-day period shall be extended for an additional 60 days. (b) No employee shall be disciplined or discharged except for just cause. In cases of gross misconduct (including, but not limited to, dishonesty, insubordination and the like, willful destruction of the Employer's property, drinking alcohol on the job, cannabis use on the job, possession or unauthorized use of controlled or illegal substances on the premises, or working under the influence of alcohol and/or drugs or working under the influence of cannabis, a serious instance of sexual harassment or harassment based on another federal, state or city protected class, possession of firearms, or failure to return to work without justifiable cause following a personal leave of absence), employees may be subject to summary discharge without prior notice. Subsequent written notice of the discharge shall be provided to the employee and the Union within five (5) days of the discharge. In all other cases, employees shall be entitled to fourteen (14) calendar days’ written notice of discharge with a copy of such notice to be simultaneously sent to the Union. Failure to notify the Union in this regard shall nullify the notice to the employee. The notice shall state the reasons for the discharge and shall be signed by the Employer or their designated representative. In no event shall the notice be signed by an employee in the bargaining unit. The Employer may be permitted to pay the employee for the fourteen (14) calendar days instead of keeping them on the job. During the fourteen (14) calendar day period, the Union shall investigate the reasons for discharge and may grieve the discharge pursuant to Article XVIII if it is of the opinion that the discharge was not for just cause. No employee shall be discharged while they are not at work due to vacation. Except as otherwise provided herein, all monies due or which have accrued, including vacation or accrued vacation allowances and holiday pay, shall be paid to an employee within five (5) business days. No warnings or reprimands shall be considered for purposes of disciplinary action after twenty-four (24) months from the date of issuance the warning or reprimand. Where an employee is not entitled to fourteen (14) days’ notice of said notices discharge under this provision, the employee shall nevertheless be entitled to a written notification of discipline after which such discharge, including a statement of the reason/s for the discharge. Where it is not practical to give such notice prior to or at the time of discharge, it shall be removed from given as promptly as possible but not later than five (5) calendar days following the employee's personnel file. Warning letters to be considered validdischarge, must be issued within fifteen (15) workdays after the occurrence of the violation by certified mail, return receipt requested or within fifteen (15) workdays of the Employer's knowledge of the violation claimed by the Employer in such warning letter. Suspension and discharge actions will be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely mannerfax. Section 15.2 Disciplinary actions shall be immediately removed from the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. Section 15.1 The Employer A. Dismissal, suspension, and/or any other disciplinary action shall not disciplinebe only for just and stated causes with the employees having the right to defend themselves against any and all charges. Written notification of dismissal, suspend suspension, or discharge an employee without just cause, but in respect to discharge or suspension other disciplinary action shall give at least one (1) warning letter of the complaint against such employee (except employees on probation) be sent to the employee in writing and a copy of same to within five (5) working days. The employee, at his/her option, may notify the unionUnion. Among the causes which may be deemed sufficient for dismissal, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theftsuspension, gross insubordinationdemotion, or drunkenness on duty and/or issues other disciplinary action are the following: 1. Unauthorized or excessive absence from work; 2. Commitment or conviction of parallel magnitude.any criminal act; (1) representative in attendance or has reasonable expectation could result 3. Conduct unbecoming any employee in the employee being disciplined shall be notified public service; 4. Disorderly or immoral conduct; 5. Incompetency or inefficiency; 6. Insubordination; 7 7. Bringing intoxicants into or consuming intoxicants on any school property or reporting for work under the influence of intoxicating beverage in writing as soon as reasonably practicable in advance any degree whatsoever; 8. Neglect of the meeting dateduty; 9. Said written notice shall clearly state the purpose Negligence or willful damage to public school property, waste, or misappropriation of the meeting and the employee has the right district’s supplies or equipment; 10. Violation of any lawful regulation or order made by a supervisor; 11. Refusal or failure to a union representativeuse required safety equipment; 12. The written notice will contain the contact information Willful violation of the appropriate Council Representative as provided by each Council Representative. Employees who are required by the Employer to participate in an investigation meeting outside of their work hours shall be compensated in accordance with the any provisions of this Agreementcontract; 13. Notices Deliberate falsification of discipline as herein provided records and reports; or 14. Violation of the District's smoking policy. B. A bargaining unit member shall not remain in effect be entitled to have present a representative of the Association during any meeting which will or may lead to disciplinary action by the employer. When a request for such representation is made, there will be no further discussion with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and shall be apprised by the employer of the employee's right to representation. All dismissals shall be without pay. No suspension shall be effective for a period of more than twenty-four ten (2410) months working days without prior approval of the Executive Director of HR/LR. C. An employee may be dismissed, suspended, or disciplined pending investigation and discussion, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, except where an arbitrator determines that a lesser award is appropriate, including litigation of damages. D. Both parties recognize that communication is critical to employee/employer relationships within an efficient workplace. It is agreed and understood that the following progressive system of discipline shall be followed in disciplining bargaining unit members: 1. Written verbal warning by Director of Food Service. 2. Written warning by Director of Food Service. 3. Suspension with pay pending a “just cause” hearing (in cases where such a hearing is necessary). 4. Suspension without pay. 5. Dismissal for just cause only. The parties recognize that some infractions may be so serious as to warrant skipping one or more steps in the process. E. If the dismissal or suspension is sustained under the procedures outlined in the grievance procedure, the employee shall be deemed dismissed as of the date of dismissal or suspension. 8 F. Any suspended employee shall leave the premises and shall remain away until such dismissal or suspension is lifted or cleared. G. In any case of dismissal, suspension, or disciplinary action, the employee, if he/she so desires, may request an investigation. This request must be written and presented within five (5) working days from the date of issuance of said notices of discipline after which it shall be removed dismissal, suspension, or disciplinary action. Appeal from the employee's personnel file. Warning letters to be considered valid, discharge or suspension must be issued heard within five (5) working days and a decision reached within fifteen (15) workdays after working days from the occurrence date of the violation discharge or suspension. If no decision has been rendered within fifteen (15) workdays working days, the case shall then be taken up as provided in the grievance procedure. H. Letters of reprimand shall not be placed in the Employerindividual employee's knowledge of the violation claimed files before a hearing attended by the Employer in such warning letteremployee and Director of Food Service. Suspension and discharge actions will A Union representative may be issued in a timely manner. However, in accordance with the Washington State Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be removed. The Employer shall conduct all disciplinary investigation in a timely manner. Section 15.2 Disciplinary actions shall be immediately removed from present if requested by the employee's personnel file if the complaint is determined to be unfounded. Section 15.3 The issue of just cause shall be resolved in accordance with the grievance procedure of this Agreement.

Appears in 1 contract

Samples: Master Agreement

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