Common use of DISCIPLINE, DISMISSAL AND RESIGNATION Clause in Contracts

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in accordance with Article 18: Named Holidays17.04.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one eighteen (118) year months of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Localscheduling of the meeting. However, should the Union representative be unavailable, the Employer shall not be prevented from meeting the Employee and taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 Vacation pay on termination shall be paid in accordance with Article 17.04. 23.12 For the purpose of Articles Article 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon requestrequest and where appropriate, the Employer will may disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s)residents, public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, writing shall be given by an Employee who resigns. 23.11 For the purpose of Articles Article 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by 33.01 Except for the dismissal of an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in serving a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware ofprobationary period, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified there shall be removed from the Employee’s recordno dismissal or discipline except for just cause. 23.02 33.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall may result in a written warning to the Employee and a copy to the Local within 10 twenty (20) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A copy of the written warning will be forwarded to the Union within two (2) working days of the disciplinary action. The written warning shall indicate that it is disciplinary action. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, period should the Employee’s performance so warrant. A . 33.03 The procedures stated in Articles 33.02 and 33.09 do not prevent immediate suspension or dismissal for just cause. 33.04 An Employee who has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for suspension or dismissal, and a copy of the letter shall be sent to the Union within two (2) working days. 33.05 Any written warning that is grieved and determined documents pertaining to be unjustified disciplinary action or dismissal shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension file when such disciplinary action or dismissal has been grieved and determined to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensionunjustified. (a) An Employee Employee, who has been subject to disciplinary action mayaction, shall after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service months from the date the disciplinary measure was invokedinitiated, exclusive of any periods of leave of absence in excess of ninety (90) days, request in writing that the Employee’s personnel file their record be cleared of any record of the that disciplinary action. Such request . (b) The Employer shall be granted provided clear the Employee’s file does not contain any record providing no further record of disciplinary action action(s) have occurred during the above eighteen (18) month period. . (c) The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record 33.07 An Employee who is eligible for removal per Article 23.04(a), dismissed shall receive their termination entitlements at the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issuestime they leave. 23.05 The procedures stated in Articles 23.0133.08 For purposes of this Article, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer a working day shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays23. 33.09 When circumstances permit, the Employer shall provide at least twenty-four (24) hours’ advance notice to an Employee required to meet with the Employer for the purposes of investigating a matter related to the Employee or issuing discipline. The Employer shall advise the Employee of the nature of the meeting and that they may be accompanied by a Labour Relations Officer or designate of the Union at such meeting(s). The Employee shall be compensated at the applicable rate of pay for the duration of the investigative meeting. The Employee shall be compensated at the Basic Rate of Pay for the duration of the disciplinary meeting. Where possible, disciplinary meetings will be scheduled during the Employee’s regularly scheduled shift.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the President of the Union or her designate within ten (10) working days of the date the Employer first became aware of or reasonably should have become aware of the occurrence of the act. The time limit specified shall not include Saturdays, Sundays or Named Holidays and may be extended by mutual agreement. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered in the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local President of the Union or her designate within 10 ten (10) working days of the date the Employer first became aware of, of or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during the said period, period should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and to the Local President of the Union or her designate forthwith and in any event not later than five (5) working days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of the suspension or dismissal shall be within 10 ten (10) working days of the date the Employer first became aware of, or reasonably should have become aware of of, the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a Any written documents pertaining to disciplinary record is eligible for removal per Article 23.04(a), action or dismissal shall be removed from the Employer shall not rely on, nor refer Employee’s file when such disciplinary action or dismissal has been grieved and determined to such discipline in responding to new misconduct or performance issuesbe unjustified. 23.05 The procedures stated in Articles 23.01, 23.02 23.02, and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permitPrior to any disciplinary action being taken, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty four (24) hours. At such discussion an the time of scheduling, the Employee shall be advised that she may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionUnion. 23.07 In the event that an An Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent in excess of two (2) working days without good and proper reason and without notifying the Employer shall be considered to have terminated their her services with the Employer. 23.09 23.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 23.09 Twenty-eight (28) calendar days’ notice in writing, writing shall be given by an the Employee who resignsresigning from the Centre/Satellite Site. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days 23.10 Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in accordance with Article 18: Named Holidays17.06(c).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 21.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two one (21) years year of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon requestrequest the member and or the Local Representative or Labour Relations Officer shall receive from the Employer, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; known unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 21.11 For the purpose purposes of Articles 23.01Article 21.01, 23.02, 23.03 21.02 and 23.06, 21.06 periods of time referred to in days shall be deemed to mean such periods of time calculated on in consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1817: Named Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) one calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice A shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee Employee, within ten (10) days exclusive of Saturdays, Sundays and a copy to the Local within 10 days Named Holidays, of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension unsatisfactory conduct or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actperformance. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance or conduct so warrant. A written warning that is grieved and determined to be unjustified unjust shall be removed from the Employee’s record. 23.03 23.02 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith Union forthwith, and in any event not later than five ten (510) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of of, the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. 23.03 The procedures stated in Article 23.01 and 23.02 do not prevent immediate suspension or dismissal for just cause. 23.04 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (a24) hours. At such discussion an Employee may be accompanied by a representative of the Union. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Union. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. 23.05 An Employee who has been subject to disciplinary action may, after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above eighteen (18) month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 23.07 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 23.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 23.09 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 (a) In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (ab) An Employee who has been subject to disciplinary action mayWhen a complex or extended investigation is required, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, a request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing for an extension to the Employee that such action has been effectedtimelines will not be unreasonably denied. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 23.04 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 23.05 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion discussion, an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 23.06 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 23.07 An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 23.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a21.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 20.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 20.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 20.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 20.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s 's personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 20.05 The procedures stated in Articles 23.0120.01, 23.02 20.02 and 23.03 20.03 do not prevent immediate suspension or dismissal for just cause. 23.06 20.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 20.07 In the event that an Employee is reported to the her licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 20.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her services with the Employer. 23.09 20.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 20.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resignsresigning unless otherwise agreed to between the Employee and the Employer. 23.11 20.11 Vacation pay on termination shall be paid in accordance with Article 14.04. 20.12 For the purpose purposes of Articles Article 23.01, 23.02, 23.03 and 23.06, periods of to time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1815: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 twelve (12) days excluding weekends and named holidays of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 twelve (12) days excluding weekends and named holidays of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 twelve (12) days excluding weekends and named holidays of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 15 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 15 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 15 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of related disciplinary action during the above one (1) year period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionUnion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the President of the Union or her designate within ten (10) working days of the date the Employer first became aware of or reasonably should have become aware of the occurrence of the act. The time limit specified shall not include Saturdays, Sundays or Named Holidays and may be extended by mutual agreement. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered in the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local President of the Union or her designate within 10 ten (10) working days of the date the Employer first became aware of, of or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during the said period, period should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and to the Local President of the Union or her designate forthwith and in any event not later than five (5) working days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of the suspension or dismissal shall be within 10 ten (10) working days of the date the Employer first became aware of, or reasonably should have become aware of of, the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a Any written documents pertaining to disciplinary record is eligible for removal per Article 23.04(a), action or dismissal shall be removed from the Employer shall not rely on, nor refer Employee’s file when such disciplinary action or dismissal has been grieved and determined to such discipline in responding to new misconduct or performance issuesbe unjustified. 23.05 The procedures stated in Articles 23.01, 23.02 23.02, and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permitPrior to any disciplinary action being taken, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty four (24) hours. At such discussion an the time of scheduling, the Employee shall be advised that she may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionUnion. 23.07 In the event that an An Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent in excess of two (2) working days without good and proper reason and without notifying the Employer shall be considered to have terminated their her services with the Employer. 23.09 23.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 23.09 Twenty-eight (28) calendar days’ notice in writing, writing shall be given by an the Employee who resignsresigning from the Lethbridge Site. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days 23.10 Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in accordance with Article 18: Named Holidays17.06 (c).

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above two year period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Union and/or Local. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should scheduling of the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary actionmeeting. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 26.01 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including immediate dismissal. 26.02 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall may result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed advised that further infractions of a similar nature will result in writing further disciplinary action. A copy of the results of the review. The assignment of an improvement or correction period written warning shall not act to restrict the Employer’s right to take further action during said period, should be placed on the Employee’s performance so warrant. A written warning that is grieved and determined 's personnel file with a copy forwarded to be unjustified shall be removed from the Employee’s recordUnion. 23.03 In 26.03 The Employee shall sign written notice of discipline for the event an sole purpose of indicating that the Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence disciplinary note. An Employee shall have the right to be accompanied by a representative of the act giving rise Union during disciplinary discussions. If an Employee refuses to sign the suspension or dismissal. When written notice of discipline it will be placed on the action involves a suspension personnel file unsigned. 26.04 Employees shall be informed by the notice shall specify the time period Employer in advance of the suspensionmeeting, that they are being investigated with respect to an incident that may result in discipline and that they have the right to have a Union representative present if they so choose. The meeting shall be conducted on Employee paid time. (a) 26.05 When an Employee has grieved a disciplinary action and a designated officer of the Employer has either allowed the grievance or reduced the penalty levied against the grievor, the personnel file of the Employee shall be amended to reflect this action provided this action results in closure of the grievance. 26.06 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, may request in writing that the Employee’s their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s 's file does not contain any further record of disciplinary action during after two (2) continuous years of service from the above perioddate the disciplinary measure was invoked. The Employer shall will confirm in writing to the Employee that such action has been effectedeffected and the documents cleared from the file. 26.07 An Employee absent for three (b3) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and consecutive working days without notifying the Employer shall be considered to have terminated their services with employment unless the Employee subsequently provides reason acceptable to the Employer and, where in the opinion of the Employer, such prior notification was not possible. 23.09 Except for the 26.08 Nothing in this Article prevents immediate dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by 14.01 The Union and the Employer recognize that it is necessary for the Employer through its Case Managers or Site Manager/Director of Care to be serious enough comment from time to be entered time on the an Employee’s record but not serious enough work including comments of a critical nature in relation to warrant suspension or dismissal policies and procedure, family input, client complaints and other such related operational matters. Such comments shall result in a written warning be verbal and the Employer will attempt to focus the majority of any such comments through Resident Case Managers as opposed to the Site Manager/Director of Care. Further, such comments shall not be considered disciplinary in nature and shall not be subject to any grievance procedure. The Employer shall not use this process as a form of harassment or bullying. The foregoing does not restrict the Employer, Employee and a copy Union from meeting to discuss the Local within 10 days matter at the request of any of the date named parties. In the event of a family complaint, the Employer first became aware of, will work with the Union in an endeavour to adopt agreeable policy which takes into account concerns of confidentiality and resident or reasonably should have become aware family concerns yet as well addresses on a reasonable basis the rights of an individual to due process and natural justice. Any process must be consistent with the contractual and legislative requirements of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s recordEmployer. 23.02 14.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actincident. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed informed, in writing writing, of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 14.03 In the event of unsatisfactory performance by an Employee which is suspended considered by the Employer to be serious enough to warrant suspension or dismisseddismissal for just cause, particulars shall be given to the Employee within seven (7) days of such determination and the parties shall meet including representation from the Union if requested by the Employee, to review and discuss matters in an attempt to resolve the situation to the satisfaction of both parties. In the event the matter is not resolved to the satisfaction of both parties and the Employer decides to proceed with further action, this matter may be subject to the grievance procedure. 14.04 The procedures stated in Article 14.01 and 14.02 do not prevent immediate suspension or dismissal for just cause. 14.05 Where circumstances permit, the Employer shall, provide written reasons for the suspension or dismissal to shall schedule a disciplinary discussion with the Employee and by giving reasonable advance notice which shall be reasonable in the Local forthwith and in any event circumstances. The Employer shall endeavour to give advance notice of not later less than five (5) days 24 hours. At such discussion an Employee may be accompanied by a representative of the action being takenUnion. Any suspension must take place immediately following The Employer shall inform the Employee when giving the Employee reasonable advance notice of suspension. The action of suspension or dismissal shall the disciplinary discussion that the Employee may be within 10 days accompanied by a representative of the date Union. However, should the Union representative be unavailable, the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensionnot be prevented from taking disciplinary action. (a) An Employee who has been subject to disciplinary action may, after one one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action action, during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal as per Article 23.04(a14.06(a), the Employer shall not rely on, nor refer to such on discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the 14.07 An Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 14.08 When termination is initiated by an Employee, the Employee will be paid their regular pay (including holiday pay) up to and including the last day worked. Such payment shall be paid on the last day of employment if it falls on a Monday to Friday and provided 14 days termination notice is given by the Employee. 14.09 All benefits cease upon termination. 14.10 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing14.11 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be given so advised, and unless otherwise requested by an Employee who resigns. 23.11 For the purpose Employee, a written copy of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days the Employer’s report shall be deemed forwarded to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidaysthe Union forthwith.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 21.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two one (21) years year of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 21.11 For the purpose purposes of Articles 23.01Article 21.01, 23.02, 23.03 21.02 and 23.06, 21.06 periods of time referred to in days shall be deemed to mean such periods of time calculated on in consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 1817: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 33.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record record, but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 twenty-five (25) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 33.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 twenty-five (25) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected andexpected, and at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 33.03 In the event that an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than Union within five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 twenty-five (25) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) 33.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, may after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above periodtwo (2) year period of which the 33.05 33.06 33.07 33.08 33.09 33.10 33.11 Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), . Where circumstance permit the Employer shall not rely on, nor refer endeavor to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform sign any written notice of discipline, for the Employee prior to such meeting taking place sole purposes indicating that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there she is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance aware of the disciplinary discussion. 23.07 notice. In the event that an Employee is reported to the her licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested requested, a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees . An Employee absent without good and proper reason and for two (2) consecutive work days without notifying the Employer Employer, shall be considered to have terminated their services with vacated her position except where the Employee subsequently provides reason acceptable to the Employer. 23.09 . Except for the dismissal of a probationary Employee, there shall be no suspensionsuspension dismissal, dismissal or discipline discipline, except for just cause. 23.10 . Twenty-eight (28) calendar days’ days notice in writing, writing shall be given by an the Employee who resigns. 23.11 For resigning from the purpose of Articles 23.01, 23.02, 23.03 Institution unless a shorter period is mutually agreed to between the Employee and 23.06, periods of time referred to in days the Employer. Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays paid in accordance with Article 23.04 and Named Holidays which are specified Article 29. The procedures stated in this Article 18: Named Holidaysdo not prevent immediate suspension or dismissal for just cause.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 27.01 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including immediate dismissal. 27.02 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall may result in a written warning to the Employee and a employee. A copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered placed on the Employee’s record, but not serious enough to warrant suspension or dismissal, personnel file. Copies of all written warnings shall result in a written warning be forwarded to the Employee and a copy to the Local Union within 10 seven (7) calendar days of the date issuance. (a) Following a preliminary investigation of an incident, and where the Employer first became aware ofhas a significant reason to believe that an Employee(s) may be responsible, or reasonably should have become aware of and that their actions may lead to discipline, the occurrence of the act. It shall state Employee may be accompanied by a definite period Union Representative in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. subsequent meetings. (b) The Employee shall be informed by the Employer that they are being investigated with respect to an incident that may result in writing of discipline and that they have the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance have a Union Representative present if they so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s recordchoose. 23.03 In the event an (c) The Employee is suspended or dismissed, the Employer shall, provide shall sign any written reasons notice of discipline for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days sole purpose of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become indicating that they is aware of the occurrence disciplinary notice. Where circumstances permit an Employee may be accompanied by a Union Representative during the disciplinary discussion. 27.04 When an Employee has grieved a disciplinary action and a designated officer of the act giving rise to Employer has either allowed the suspension grievance or dismissal. When reduced the action involves a suspension penalty levied against the notice shall specify grievor, the time period personnel file of the suspensionemployee shall be amended to reflect this action provided this action results in closure of the grievance. 27.05 An Employee absent without approved leave for three (a3) consecutive working days shall be considered to have vacated the position unless a reason for the unapproved leave is provided that is acceptable in the sole opinion of the Employer. 27.06 Nothing in this Article prevents immediate dismissal for just cause. 27.07 Where circumstances permit, an Employee who is scheduled to attend a disciplinary discussion with the Employer will be given reasonable time to contact a Union Representative. At such discussion, an Employee may be accompanied by a representative of the Union. 27.08 An Employee who has been subject to disciplinary action mayaction, after one twenty four (124) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel shall have their file be deemed cleared of any the record of the disciplinary action. Such request shall be granted , provided the Employee’s file does not contain any further record of similar disciplinary action action, during the above twenty four (24) month period, of which the Employee is aware. The Employer shall will confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in accordance with Article 18: Named Holidays17.04.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by 14.01 The Union and the Employer recognize that it is necessary for the Employer through its Case Managers or Site Manager/Director of Care to be serious enough comment from time to be entered time on the an Employee’s record but not serious enough work including comments of a critical nature in relation to warrant suspension or dismissal policies and procedure, family input, client complaints and other such related operational matters. Such comments shall result in a written warning be verbal and the Employer will attempt to focus the majority of any such comments through Resident Case Managers as opposed to the Site Manager/Director of Care. Further, such comments shall not be considered disciplinary in nature and shall not be subject to any grievance procedure. The Employer shall not use this process as a form of harassment or bullying. The foregoing does not restrict the Employer, Employee and a copy Union from meeting to discuss the Local within 10 days matter at the request of any of the date named parties. In the event of a family complaint, the Employer first became aware of, will work with the Union in an endeavour to adopt agreeable policy which takes into account concerns of confidentiality and resident or reasonably should have become aware family concerns yet as well addresses on a reasonable basis the rights of an individual to due process and natural justice. Any process must be consistent with the contractual and legislative requirements of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s recordEmployer. 23.02 14.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actincident. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 14.03 In the event of unsatisfactory performance by an Employee which is suspended considered by the Employer to be serious enough to warrant suspension or dismisseddismissal for just cause, particulars shall be given to the Employee within seven (7) days of such determination and the parties shall meet including representation from the Union if requested by the Employee, to review and discuss matters in an attempt to resolve the situation to the satisfaction of both parties. In the event the matter is not resolved to the satisfaction of both parties and the Employer decides to proceed with further action, this matter may be subject to the grievance procedure. 14.04 The procedures stated in Article 14.01 and 14.02 do not prevent immediate suspension or dismissal for just cause. 14.05 Where circumstances permit, the Employer shall, provide written reasons for the suspension or dismissal to shall schedule a disciplinary discussion with the Employee and by giving reasonable advance notice which shall be reasonable in the Local forthwith and in any event circumstances. The Employer shall endeavour to give advance notice of not later less than five twenty-four (524) days hours. At such discussion an Employee may be accompanied by a representative of the action being takenUnion. Any suspension must take place immediately following The Employer shall inform the Employee when giving the Employee reasonable advance notice of suspension. The action of suspension or dismissal shall the disciplinary discussion that the Employee may be within 10 days accompanied by a representative of the date Union. However, should the Union representative be unavailable, the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensionnot be prevented from taking disciplinary action. (a) 14.06 An Employee who has been subject to disciplinary action may, after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her or his personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action action, during the above eighteen (18) month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the 14.07 An Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 14.08 When termination is initiated by an Employee, the Employee will be paid her or his regular pay (including holiday pay) up to and including the last day worked. Such payment shall be paid on the last day of employment if it falls on a Monday to Friday and provided fourteen (14) days termination notice is given by the Employee. 14.09 All benefits cease upon termination. 14.10 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing14.11 In the event that an Employee is reported to her or his licensing body by the Employer, the Employee shall be given so advised, and unless otherwise requested by an Employee who resigns. 23.11 For the purpose Employee, a written copy of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days the Employer’s report shall be deemed forwarded to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidaysthe Union forthwith.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to lo be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 . Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 . In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten 0) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An . Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above two (2) year period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 . Theprocedures do not prevent immediate suspension or dismissal for just cause. 23.06 . Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. , At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s)meeting. When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees . An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 . Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 . Twenty-eight (28) calendar days’ days notice in writing, shall be given by an the Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days . I Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in Article 18: Named Holidays.accordance with Article

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union. The Employer shall try to provide such written warning within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It . (a) For performance issues, the letter shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. . (b) A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.02 In the event an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and the Local forthwith Union forthwith, and in any event not later than five (5) days of the action being taken. Any suspension must The Employer shall try to take place immediately following notice of suspension. The the action of suspension or dismissal shall be within 10 ten (10) days, but in any event no later than twelve (12) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) 21.03 An Employee who has been subject to disciplinary action may, after one eighteen (118) year months of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.04 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.05 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion discussion, an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.06 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 21.07 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 21.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.09 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 21.10 For the purpose of Articles 23.01, 23.02, 23.03 Article 21.01 and 23.0621.02, periods of time referred to in days “days” shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of excluding Saturdays, Sundays Sundays, and Named Holidays which are specified in Article 18: Named Holidaysand such timelines may be extended by mutual agreement of the Employer and the Union and such agreement shall not be unreasonably denied.

Appears in 1 contract

Samples: Collective Agreement

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DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 16.01 Unsatisfactory conduct and/or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period Union shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrantunreasonably deny an Employer request for an extension. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 16.02 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. The Union shall not unreasonably deny an Employer request for an extension. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 16.03 The procedures stated in Article 16.01 and 16.02 do not prevent immediate suspension or dismissal for just cause. 16.04 An Employee who has been subject to disciplinary action may, after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above eighteen (18) month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 16.05 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 16.06 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 16.07 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 16.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by 33.01 Except for the dismissal of an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in serving a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware ofprobationary period, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified there shall be removed from the Employee’s recordno dismissal or discipline except for just cause. 23.02 33.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 twenty (20) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actact may result in a written warning to the Employee with a copy to the Union within two (2) working days of the disciplinary action. The written warning shall indicate that it is disciplinary action. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, period should the Employee’s performance so warrant. A . 33.03 The procedures stated in Articles 33.02 and 33.09 do not prevent immediate suspension or dismissal for just cause. 33.04 An Employee who has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for suspension or dismissal, and a copy of the letter shall be sent to the Union within two (2) working days. 33.05 Any written warning that is grieved and determined documents pertaining to be unjustified disciplinary action or dismissal shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension file when such disciplinary action or dismissal has been grieved and determined to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensionunjustified. (a) An Employee Employee, who has been subject to disciplinary action mayaction, shall after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service months from the date the disciplinary measure was invokedinitiated, exclusive of any periods of leave of absence in excess of ninety (90) days, request in writing that the Employee’s personnel file her record be cleared of any record of the that disciplinary action. Such request . (b) The Employer shall be granted provided clear the Employee’s file does not contain any record providing no further record of disciplinary action action(s) have occurred during the above eighteen (18) month period. . (c) The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record 33.07 An Employee who is eligible for removal per Article 23.04(a), dismissed shall receive her termination entitlements at the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issuestime she leaves. 23.05 The procedures stated in Articles 23.0133.08 For purposes of this Article, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer a working day shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays23. 33.09 When circumstances permit, the Employer shall provide at least twenty-four (24) hours advance notice to an Employee required to meet with the Employer for the purposes of discussing or issuing discipline. The Employee may be accompanied by a representative of the Union at such meeting. The Employee shall be compensated at their basic rate of pay for the duration of such meeting(s).

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 21.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 22.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 22.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 22.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 22.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 22.05 The procedures stated in Articles 23.0122.01, 23.02 22.02 and 23.03 22.03 do not prevent immediate suspension or dismissal for just cause. 23.06 22.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty- four (24) hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 22.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 22.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 22.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight 22.10 Fourteen (2814) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by 33.01 Except for the dismissal of an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in serving a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware ofprobationary period, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified there shall be removed from the Employee’s recordno dismissal or discipline except for just cause. 23.02 33.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall within twenty (20) working days of the date the employer first became aware of, or reasonably become aware of the occurrence of the act may result in a written warning to the Employee and with a copy to the Local Association within 10 two (2) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actdisciplinary action. The written warning shall indicate that it is disciplinary action. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, period should the Employee’s performance so warrant. A . 33.03 The procedures stated in Articles 33.02 and 33.09 do not prevent immediate suspension or dismissal for just cause. 33.04 An Employee who has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for suspension or dismissal, and a copy of the letter shall be sent to the Association within two (2) working days. 33.05 Any written warning that is grieved and determined documents pertaining to be unjustified disciplinary action or dismissal shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension file when such disciplinary action or dismissal has been grieved and determined to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensionunjustified. (a) An Employee Employee, who has been subject to disciplinary action mayaction, shall after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service months from the date the disciplinary measure was invokedinitiated, request in writing that the Employee’s personnel file her record be cleared of any record of the that disciplinary action. Such request . (b) The Employer shall be granted provided clear the Employee’s file does not contain any record providing no further record of disciplinary action action(s) have occurred during the above eighteen 18 month period. . (c) The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record 33.07 An Employee who is eligible for removal per Article 23.04(a), dismissed shall receive her termination entitlements at the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issuestime she leaves. 23.05 The procedures stated in Articles 23.0133.08 For purposes of this Article, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer a working day shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays23. 33.09 When circumstances permit, the Employer shall provide at least twenty-four

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee Employee, within ten (10) days, exclusive of Saturdays, Sundays and a copy to the Local within 10 days Named Holidays, of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension unsatisfactory conduct or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actperformance. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance or conduct so warrant. A written warning that is grieved and determined to be unjustified unjust shall be removed from the Employee’s record. 23.03 23.02 In the event an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days ten (10) days, exclusive of Saturdays, Sundays and Named Holidays, of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. 23.03 The procedures stated in Article 23.01 and 23.02 do not prevent immediate suspension or dismissal for just cause. 23.04 All notices of discipline shall be in writing, with a copy to the Union forthwith. If a disciplinary meeting is to be held, the Employee shall receive reasonable advance notice which shall not be less than twenty-four (a24) hours, and shall have the right to be represented by a representative of the Union. 23.05 An Employee who has been subject to disciplinary action may, after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above eighteen (18) month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible 23.06 An Employee absent without good and proper reason, for removal per Article 23.04(a)three days and without notifying the Employer, the Employer shall not rely on, nor refer be considered to such discipline in responding to new misconduct have terminated his or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion her services with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionEmployer. 23.07 Twenty-eight (28) calendar days notice in writing, shall be given by an Employee who resigns. 23.08 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm confirm, in writing writing, to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Union or Local. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees An Employee absent for three consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice notice, in writing, shall be given by an the Employee who resigns. 23.11 Vacation pay on termination shall be paid in accordance with Article 17.04. 23.12 For the purpose of Articles Article 23.01, 23.02, 23.03 23.02 and 23.0623.03, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays. Time limits specified in Articles 23.01, 23.02 and 23.03, may be extended by mutual agreement, in writing, between the Employer and the Local.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Employee, within 10 days days, exclusive of Saturdays, Sundays and Named Holidays, of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension unsatisfactory conduct or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the actperformance. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance or conduct so warrant. A written warning that is grieved and determined to be unjustified unjust shall be removed from the Employee’s record. 23.03 23.02 In the event an Employee is suspended or dismissed, the Employer shall, shall provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days days, exclusive of Saturdays, Sundays and Named Holidays, of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) 23.03 The procedures stated in Article 23.01 and 23.02 do not prevent immediate suspension or dismissal for just cause. 23.04 All notices of discipline shall be in writing, with a copy to the Union forthwith. If a disciplinary meeting is to be held, the Employee shall receive reasonable advance notice which shall not be less than 24 hours, and shall have the right to be represented by a Representative of the Union. 23.05 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years 18 months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above 18 month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the An Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees absent without good and proper reason reason, for three (3) consecutive Shifts and without notifying the Employer Employer, shall be considered to have terminated their his or her services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above two (2) year period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionUnion. 23.07 In the event that an Employee is reported to the her licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days Vacation pay on termination shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified paid in accordance with Article 18: Named Holidays17.04.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 21.04 An Employee who has been subject to disciplinary action may, after one (1) year 18 months of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 21.11 For the purpose of Articles 23.0121.01, 23.0221.02, 23.03 21.03 and 23.0621.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays16.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 Vacation pay on termination shall be paid in accordance with Article 17.04. 23.12 For the purpose of Articles Article 23.01, 23.02, 23.03 23.02 and 23.0623.03, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays. Time limits specified in Articles 23.01, 23.02 and 23.03, may be extended by mutual agreement in writing between the Employer and the Local.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 21.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 21.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 21.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal as per Article 23.04(a21.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 21.05 The procedures stated in Articles 23.0121.01, 23.02 21.02 and 23.03 21.03 do not prevent immediate suspension or dismissal for just cause. 23.06 21.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(sresident(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 21.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 21.08 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 21.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 21.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 21.11 For the purpose purposes of Articles 23.0121.01, 23.0221.02, 23.03 21.03, and 23.0621.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays Sundays, and Named Holidays which are specified in Article 1816: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars scheduling of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionmeeting. 23.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct or performance that is not serious enough to warrant a written warning or suspension shall result in Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local within 10 ten10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within ten 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the her or his licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith. 23.08 Employees An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their her or his services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ days notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles Article 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 23.04 An Employee who has been subject to disciplinary action may, after one eighteen (118) year months of continuous service, exclusive of absences of 30 thirty (30) consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Local. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Localscheduling of the meeting. However, should the Union representative be unavailable, the Employer shall not be prevented from meeting the Employee and taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s)patients/residents/clients, public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussionsuch disclosure. 23.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three (3) consecutive scheduled work days without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice days notice, in writing, shall be given by an the Employee who resigns. 23.11 Vacation pay on termination shall be paid in accordance with Article 17.04. 23.12 For the purpose of Articles Article 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local Union within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension suspension, the notice shall specify the time period of the suspension which shall take place as soon as practically possible following the notice of suspension. (a) An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above period. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal as per Article 23.04(a), the Employer shall not rely on, nor refer to such on that discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer Employee shall inform be advised of this right at the Employee prior to such meeting taking place that the Employee may be accompanied by a representative time of the Local. However, should scheduling of the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary actionmeeting. Upon request, the Employer will disclose the particulars essentials of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, advised and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees An Employee absent for three (3) consecutive scheduled work days’ without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 16.01 Unsatisfactory conduct and/or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, shall result in a written warning to the Employee and a copy to the Local within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period Union shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrantunreasonably deny an Employer request for an extension. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 16.02 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local Union forthwith and in any event not later than five (5) days of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal shall be within 10 ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act giving rise to the suspension or dismissal. The Union shall not unreasonably deny an Employer request for an extension. When the action involves a suspension the notice shall specify the time period of the suspension. (a) 16.03 The procedures stated in Article 16.01 and 16.02 do not prevent immediate suspension or dismissal for just cause. 16.04 An Employee who has been subject to disciplinary action may, after one eighteen (118) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years months of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the above eighteen (18) month period, of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. (b) Once a disciplinary record is eligible for removal per Article 23.04(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues. 23.05 The procedures stated in Articles 23.01, 23.02 and 23.03 do not prevent immediate suspension or dismissal for just cause. 23.06 16.05 Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the LocalUnion. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the LocalUnion. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 16.06 In the event that an Employee is reported to the their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local Union forthwith. 23.08 Employees 16.07 An Employee absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. This may include when an Employee fails to report for work as scheduled at the end of a leave of absence, vacation or suspension unless excused in writing by the Employer. 23.09 16.08 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by . This may include when an Employee who resignsleaves the Employer’s premises during regular working hours without the permission of the Director of Care or without giving a reason satisfactory to the Director of Care. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE, DISMISSAL AND RESIGNATION. 23.01 34.01 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to, and including, immediate dismissal. 34.02 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall may result in a written warning to the Employee. The Employee and a copy to shall sign any written notice of discipline for the Local within 10 days sole purpose of the date the Employer first became aware of, or reasonably should have become indicating that she is aware of the occurrence disciplinary notice. A copy of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.02 Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered placed on the Employee’s record, but not serious enough to warrant suspension or dismissal, personnel file. Copies of all written warnings shall result in a written warning be forwarded to the Employee and a copy to the Local Union within 10 days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period, should the Employee’s performance so warrant. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record. 23.03 In the event an Employee is suspended or dismissed, the Employer shall, provide written reasons for the suspension or dismissal to the Employee and the Local forthwith and in any event not later than five (5) days of issuance. Where circumstances permit, an Employee may be accompanied by a representative of the action being taken. Any suspension must take place immediately following notice of suspension. The action of suspension or dismissal Union during the disciplinary discussion. 34.03 Where the Employer has a significant reason to believe that an Employee may be responsible, and that her actions may lead to discipline, the Employee shall be within 10 days informed by the Employer that they are being investigated and that they have the right to have a Union representative present if they so choose. 34.04 When an Employee has grieved a disciplinary action and the Employer has either allowed the grievance or reduced the penalty levied against the grievor, the personnel file of the date Employee shall be amended to reflect this action provided this action results in the Employer first became aware of, or reasonably should have become aware abandonment of the occurrence of the act giving rise to the suspension or dismissal. When the action involves a suspension the notice shall specify the time period of the suspensiongrievance. (a) 34.05 An Employee who has been subject to disciplinary action may, after one (1) year of continuous service, exclusive of absences of 30 consecutive days or more, or in any event, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that the Employee’s her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action action, during the above two (2) year period, of which the Employee is aware. The Employer shall will confirm in writing to the Employee that such action has been effected. 34.06 By appointment made at least one (b1) Once working day in advance, an Employee may view her personnel file in the Human Resources office once each year or when the Employee has filed a disciplinary record is eligible grievance. An Employee may be accompanied by a Union Representative when viewing her personnel file. An Employee shall be given a copy of the contents of her personnel file upon request, not more frequently than once in a calendar year, or when the Employee has filed a grievance, provided that she first pays to the Employer a reasonable fee, established by the Employer, to cover the cost of the copying. In the case of a grievance, the fee prescribed shall be waived where the Employee requests a copy of material related to the grievance. 34.07 An Employee absent for removal per Article 23.04(a), three (3) consecutive working days without notifying the Employer shall be considered to have abandoned her position and be terminated from employment with the Employer unless the Employee subsequently provides a reason acceptable to the Employer and where, in the opinion of the Employer, such prior notification was not rely on, nor refer to such discipline in responding to new misconduct or performance issuespossible. 23.05 The procedures stated 34.08 Except for the dismissal of an Employee serving a probation period, there shall be no discipline or dismissal except for just cause. However, nothing in Articles 23.01, 23.02 and 23.03 do not prevent this Article prevents immediate suspension or dismissal for just cause. 23.06 Where circumstances permit, the Employer 34.09 Union Stewards shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than 24 hours. At such discussion an Employee may be accompanied by a representative suffer no loss of the Local. The Employer shall inform the Employee prior to such meeting taking place that the Employee may be accompanied by a representative of the Local. However, should the Union representative be unavailable, the Employer shall not be prevented from taking disciplinary action. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion. 23.07 In the event that an Employee is reported to the licensing body by pay for time spent on the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Local forthwith’s premises during investigations and/or disciplinary meetings. 23.08 Employees absent without good and proper reason and without notifying the Employer shall be considered to have terminated their services with the Employer. 23.09 Except for the dismissal of a probationary Employee, there shall be no suspension, dismissal or discipline except for just cause. 23.10 Twenty-eight (28) calendar days’ notice in writing, shall be given by an Employee who resigns. 23.11 For the purpose of Articles 23.01, 23.02, 23.03 and 23.06, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays.

Appears in 1 contract

Samples: Collective Agreement

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