Discipline Grievances. Oral admonishments are not subject to review under this procedure. Any employee appealing a suspension, demotion, or dismissal to the Merit System Protection Board waives any right to have the action reviewed under this procedure.
Discipline Grievances. Within ten (10) calendar days of a dismissal or suspension the Employer shall notify the Servicing Representative or the Labour Relations Officer of the dismissal. Employees dismissed or suspended shall have the right within a further seven (7) calendar days after the date of the dismissal or suspension to initiate a grievance at Step Three of the grievance procedure. Policy grievances from either party shall be submitted at Step Two.
Discipline Grievances. Where an arbitrator, the Labour Relations Board of British Columbia or any other body of competent jurisdiction finds that an Employee has been disciplined, discharged or terminated for other than just cause or that if just cause exists, that the penalty is inappropriate, the Arbitrator, the Labour Relations Board, or other body shall have the power: To direct the Employer to reinstate the Employee with full pay, including retroactivity and interest, and to make the Employee "whole" with respect to all seniority, benefits and other rights and entitlements which would have accrued to the Employee under the Collective Agreement had he or she remained working.
Discipline Grievances. Discipline grievances arise when an employee feels that he/she has been unjustly disciplined. A meeting to resolve the issue will be held between the Senior Xxxxxxx or designate, the Company, and the employee within five (5) days of the imposed discipline. If the parties are unable to resolve the issue, a grievance form will be filed with a joint written summary of the Company’s and the Union’s positions and relevant documents prior to the end of the meeting. This will be forwarded immediately to the Joint Grievance Review Committee. Within five (5) days of receipt, the Joint Grievance Review Committee will meet to attempt to resolve the issue. If resolved to the satisfaction of all three parties, the grievance shall be concluded, in writing, at that meeting. If the parties are unable to resolve the grievance, another joint summary of positions is created at that meeting which will then be forwarded immediately to District Lodge No. 140 and Human Resources. Within ten (10) days of receipt of the compiled summaries, District Lodge No. 140 will advise the Company whether the grievance is to be discontinued or will proceed to arbitration. District Lodge No. 140 and the Company will have five (5) days to schedule an arbitration.
Discipline Grievances. Discipline
12.1 An employee shall not be disciplined or dismissed without having had a fair and impartial investigation and his responsibility having been established. An employee may, however, be held off for such investigation for a period not exceeding five days and when so held off shall be given one (1) day's notice in writing of the charges against him. Notwithstanding the foregoing, an Officer who may be on the ground when the cause of the investigation occurs may hold an immediate investigation.
12.2 When an investigation is to be held, the employee will be provided twenty- four (24) hours written notice of the time, place and subject matter of such hearing. He may, if he so desires, have a fellow employee and/or an accredited representative of the Union present at the hearing and shall be furnished with a copy of his own statement and, on request, copies of all evidence taken. The employee subject to the investigation will not suffer any loss in regular earnings.
12.3 All material and necessary witnesses must be notified to appear. An employee shall have the right to be present during the examination of any witness whose evidence may have a bearing on his responsibility or be accorded the right to read the evidence of such witness and offer rebuttal thereto.
12.4 A decision shall be rendered within twenty-eight days of the date that the investigation is completed -- i.e., the date that the last statement in connection with the investigation is taken except as otherwise mutually agreed.
12.5 If the final decision decrees that the charges against an employee were not sustained, the record shall be cleared of the charges; if suspended or dismissed, the employee shall be returned to his former position and paid for all time lost less any earnings derived from employment during the period so compensated.
12.6 When discipline is recorded against an employee he will be advised in writing. In the event a decision is considered unjust, appeal may be made in accordance with the grievance procedure. Where dismissal is involved, the appeal may commence at Step II of the Grievance Procedure.
Discipline Grievances. If any employee desires to present a grievance because of disciplinary action by the Company, as described in Sections 1, 2 and 3 of this Article, said grievance shall enter the Grievance Procedure in Step 2, except that discharge grievances shall enter the Grievance Procedure at Step 3. If it is finally determined that the employee has been disciplined without good and just cause, such employee shall be restored to his former status at the time such action was taken against him and shall be compensated for the wage loss, if any, which has been incurred.
Discipline Grievances. Where an Arbitrator finds that an Employee has been dismissed, suspended, terminated, or otherwise disciplined for other than just cause, the Arbitrator, the Labour Relations Board, or other body shall have the power to:
(a) Direct the Company to reinstate the Employee with full wages or salary and all other rights and entitlements under this Agreement; and
(b) Make such other order as it considers fair and reasonable, having regard to all of the circumstances and terms of this Agreement.
Discipline Grievances. If a member of the bargaining unit is demoted in rank, suspended without pay, or discharged and believes the discipline lacks just cause, he or she may appeal the decision pursuant to Rule 13.4 of the Merit System Rules. Within fifteen (15) calendar days of the effective date of the discipline, the employee must decide:
(1) whether to request a hearing before the Personnel Board; or (2) waive in writing his or her right to a hearing before the Personnel Board and instead, request a final decision from the City Manager. If the employee waives the hearing before the Personnel Board, the City Manager will make a decision no later than fifteen (15) days. If the employee is not satisfied with the City Manager’s decision, he or she may file a grievance with the SPOA or pursue his or her right of appeal to the Circuit Court. The decision to file a grievance must be made no later than fifteen (15) days after receipt of the City Manager’s decision. If a grievance is filed, the SPOA will decide within fifteen (15) days whether to demand arbitration of the grievance, and if so, the grievance will be arbitrated according to the procedures of Step 4 of Article 16. If the SPOA declines to arbitrate the grievance, the employee may nevertheless retain his right to appeal the decision to Circuit Court. An arbitrator’s decision will be final and binding. An employee whose disciplinary grievance is advanced to arbitration must waive his or her right to appeal the discipline in Circuit Court pursuant to Section 536.150 X.X.Xx. in writing.
Discipline Grievances. Oral admonishments and written reprimands are not subject to review under this procedure. Any employee initiating a grievance under this procedure regarding suspension, demotion, termination, or removal waives any right to have that action reviewed by the Montgomery County Merit System Protection Board.
Discipline Grievances. Step 1. Grievances involving any form of discipline, including terminations, shall be submitted to the Area Manager and/or designee within 30 days of the discipline being communicated to the employee. The Area Manager and/or designee and the local union xxxxxxx or designee will, within 15 days of receipt of the grievance, discuss and attempt to resolve the issue. If not resolved, the Company shall give its answer in writing within 15 days to the Union’s Local President. The Union will accept, reject or appeal the Company’s answer within 15 days.
Step 2. If the discipline grievance is not resolved in Step 1, the local Human Resources Manager, the Operations Director, or designee and the Union’s International Bargaining Agent will discuss the grievance within 30 days of receiving the Company answer. The Company will provide an answer within 15 days of the meeting to the Union’s International Bargaining Agent and Local Union President. The Union will accept, reject, or appeal to arbitration within 30 days of the answer.
