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Common use of DISCIPLINE PROCEDURES Clause in Contracts

DISCIPLINE PROCEDURES. 1. The Company shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE PROCEDURES. 1. 19.1 The Company shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. 19.2 The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (( 12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. 19.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. 19.4 The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure Procedures of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. 19.5 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s 's duty to provide fair and effective representation to its membership.

Appears in 2 contracts

Samples: Security Officers Contract, Security Officers Contract

DISCIPLINE PROCEDURES. 1. 19.1 The Company shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. 19.2 The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. 19.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. 19.4 The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. 19.5 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE PROCEDURES. 1General Considerations 32.1 The discipline actions set out in clauses 34 - 37 constitute the actions which the Delegate or a Manager may take to address disciplinary issues and will be implemented to the extent that circumstances allow. 32.2 A Manager may take action of the kind described in clauses 35 and 36 only. 32.3 A Delegate may take discipline action of the kind described in clauses 35 - 37. 32.4 In cases where serious misconduct is alleged, the Delegate may inform the employee about the alleged misconduct and then immediately transfer the employee to other duties, re-allocate duties away from the employee or suspend the employee with or without pay while the alleged misconduct is investigated.‌ 32.5 Subject to clause 30.2, in cases where serious misconduct is found to have occurred, the Delegate may immediately terminate the employee’s employment without giving the employee 5 working days within which to respond to the proposed discipline action under clause 37.2.‌ 32.6 Without limiting the circumstances in which serious misconduct might occur, in deciding whether misconduct is or might be serious misconduct for the purposes of clauses 32.4 and 32.5, the Delegate will have regard to the kinds of conduct described as ‘serious misconduct’ in regulation 12.10 of the Workplace Relations Regulations. 32.7 In order to ensure that these procedures operate in a fair and transparent manner, the Delegate or the Manager will make written records of all relevant discussions with the employee under these procedures. The Company shall employee will be free shown any such records, and will be required to discharge employees for refusal sign those records after making any changes the employee thinks are necessary so that they are true and accurate. 32.8 Subject to obey lawful ordersclause 32.9, incompetence, misrepresentation, intoxication, the Delegate or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse Manager will act in accordance with the following procedures to the Grievance extent practicable before taking any discipline action:‌‌ (a) inform the employee in writing of the nature of the alleged misconduct; (i) invite the employee to respond orally or in writing or both, depending upon the nature and Arbitration procedure set forth in Article 20. 2circumstances of the alleged misconduct; invite the employee to have a support person of their choice present during any meeting between the employee and the Delegate or Manager. The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged allowed a reasonable opportunity for offensesthis to be arranged; inform the employee that the Delegate or Manager may also have a person present; inform the employee orally, which do not in and of themselves constitute just cause for discharge unless writing or both about the alleged misconduct with sufficient detail so that the employee knows the case the employee has received two (2) prior written warnings within twelve (12) months to meet. make a record of the offensemeeting or meetings and require the employee to sign the record after making any changes that the employee thinks are necessary so that the record is accurate and complete; explain the range of possible discipline actions being considered and, if appropriate, formally warn the employee in writing of these possible actions; give the employee a reasonable opportunity to respond to the allegation or allegations before deciding whether the misconduct has occurred. The issuance Depending upon the employee’s response, the Delegate or Manager may have to pursue further lines of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after inquiry to establish the Company knew or should have known facts of the offense but not allegations. This may require more than thirty (30) days after time and so require a subsequent meeting with the eventemployee; and provide the employee with a written record of the Delegate’s or Manager’s decision regarding the alleged misconduct. Each warning notice shall contain a place Where the Delegate or Manager finds the misconduct to have occurred, the Delegate or Manager will give reasons in sufficient detail for the employee to sign know why the Delegate or Manager was satisfied that the misconduct occurred and the discipline action that the Delegate or Manager proposes to acknowledge receipt without admitting guilttake is appropriate. 3. In addition to those circumstances mentioned elsewhere 32.9 The procedures described in this Agreement, just cause circumstances for discharge shall include, but clause 32.8 do not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way apply in the investigation case of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company an informal discussion as described in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.clause 35.‌

Appears in 1 contract

Samples: Union Collective Agreement

DISCIPLINE PROCEDURES. A. The purpose of these procedures is to provide for the fair and consistent treatment of all Staff. B. The Board expects all Staff to give reasonable and productive effort on the job whenever they are being paid by the District. Staff are required to follow all Board policies and administrative guidelines, adhere to the appropriate job description, and observe good safety practices at all times, including the responsible use of all District property. C. After the employee has completed the probationary period, discipline or dismissal of an employee shall follow the procedures outlined in this section of the Working Agreement. D. The Board shall maintain its performance standards through corrective and progressive discipline, except for gross misconduct (defined on page 8), and follow the steps outlined below: 1. Verbal Warning 2. Written Reprimand 3. Suspension With or Without Pay 4. Dismissal E. When, in the judgment of the administration, the circumstances of a particular case and/or the seriousness of a particular offense make the application of Corrective and Progressive discipline inappropriate (such as gross misconduct), the appropriate disciplinary step to be used will be determined by the Administration. F. Before an employee is disciplined, the Administration shall conduct an investigation to determine the facts in the matter. The Company employee shall be free given the opportunity, in a pre-disciplinary conference, to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxicationprovide his or her explanation of his/her conduct. The Superintendent, or designee, may suspend an employee with pay while the matter is being investigated. G. An employee shall be entitled to invite a Staff member and/or legal counsel to attend any just causeconference with an administrator to discuss the disciplinary action. Copies of all disciplinary action will be provided to the employee within five (5) working days of the conference with the supervisor to discuss the disciplinary matter. H. Disciplinary action shall not be made public except where expressly required by statue. I. Employees may be subject to immediate dismissal for the following reasons (gross misconduct): 1. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. The Company shall be free to discipline receives three (3) Employee Discipline Reports for any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within infraction during a twelve (12) month period shall constitute just causeperiod. 2. Absent excused or extraordinary circumstancesXxxxx insubordination will be defined as, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after limited to, the event. Each warning notice shall contain following: an employee’s willful disregard for a place for the supervisor’s direct order; inappropriate language; employee is disrespectful to sign to acknowledge receipt without admitting guiltsupervisory staff. 3. In addition to those circumstances mentioned elsewhere Engaging in this Agreementinappropriate behavior with students, just cause circumstances for discharge shall includeother staff, parents, and visitors of the District, including, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company harassment (Board Policy #4362) and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needsthreatening behavior (Board Policy #4362.01). 4. The Company will discharge Possession and/or consumption of any controlled substance, including alcohol, on District property, as defined in Board Policy # 4122.01. Coming to work under the influence of any controlled substance, including alcohol, as defined in Board Policy #4122.01. When an employee who is denied registration suspected of possession, consumption, or whose registration is canceled by being under the State influence of Minnesota Board alcohol or a controlled substance while on District premises or while performing work for the District, the employee may be subject to an immediate drug/alcohol screen at an accredited medical clinic upon the authorization of Private Detective and Protective Agent Services the Assistant Superintendent-Human Resources or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full senioritydesignee. 5. The Possession of any firearms or explosives on District property. 6. Revealing any District confidential information (including but not limited to student records or a staff personnel file, confidential correspondence) to any unauthorized individual. 7. Misconduct outside the District which affects the employee’s ability to work effectively, upon reviewing the circumstances of each situation. 8. Falsification of records (including but not limited to applications, time-cards, building check forms, evaluation reports, and employee and disciplinary reports). 9. Leaving the Union recognize that the customer is the ultimate consumer and ultimately controls the access assigned building/work areas knowingly without permission of a supervisor. 10. Misuse of the employee and the business District computer network including unauthorized use during work time. 11. Theft of the Company. When a security-related incident occurs on a job site that is District equipment, supplies, or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membershipmonetary funds.

Appears in 1 contract

Samples: Working Conditions Agreement

DISCIPLINE PROCEDURES. 11 9. 1 The Company shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 21 9. 2 The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (121 2) months of the offense. The issuance of two (2) prior warnings within a twelve (121 2) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (101 0) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 31 9. 3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 41 9. 4 The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If I f the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-security- related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Security Contract

DISCIPLINE PROCEDURES. 1. The Company Subject to the rights granted in Article of this Agreement, shall be free to not suspend or discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An an employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse a fair and hearing as set out in this Article. If, however, an employee is in violation of a federal or provincial statute or regulation or is endangering the safety of himself, a fellow employee or the public, may hold out of service with pay pending a hearing. shall notify an employee in writing of the for which suspension or discharge is or may be imposed. The notice shall summarize the nature of the give the time, date, and place of the occurrence of the set the time and date of the hearing, and inform the employee he has the right to Union representation and to bring witnesses. The hearing will be scheduled within fifteen (1 5) days of the date of notice and be presided over by the General Manager of or his designee. The parties shall not be represented by or utilize legal counsel at the hearing. shall provide the employee and the Union a list of Witnesses it intends to call at the hearing no less than forty-eight (48) hours in advance of the hearing. The employee shall also supply with a list of witnesses he intends to at the hearing (48) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and The General Manager of or his designee conduct the hearing in an informal manner and only he and the employee's Union representative may examine witnesses. A transcript of the hearing will be kept and it and copies of all or audio or video tapes utilized in the hearing will be provided to the Grievance employee and Arbitration procedure set forth in Article 20. 2his representative at their request. The Company witnesses who attend a hearing be compensated for time and be reimbursed for reasonable out-of-pocket expenses. If the employee is held for more than eight (8) hours, he shall be free to discipline paid one and one-half (1 times the employee's regular rate of wages on a minute basis for all time over the eight (8) hours. Employees who are receiving compensation for the serving as a witness shall not be paid any employee who commits an infraction, which, while not being sufficient to constitute just cause additional compensation for discharge, is sufficient to warrant some lesser disciplinary actiontestifying. However, no employee who has completed the probationary period A decision will be discharged for offensesrendered in no longer than twenty (20) days after the hearing, which do not Such decision shall be in writing and of themselves constitute just cause for discharge unless served on the employee and the Union. This time limitation may be changed only by mutual agreement between the Union and Once a decision has received two (2) prior written warnings within twelve (12) months been rendered, may implement the decision. If the Union disagrees with the decision rendered, it may appeal the decision to the General Manager of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of receipt of the offense but decision. Such appeal must be in writing and must specify the grounds or reasons the decision is incorrect or the level of discipline inappropriate. Failure to an appeal by the due date shall render the decision final and not more than thirty appealable. The General Manager shall have ten (3010) days after the event. Each warning notice shall contain to render a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed decision on the displaced worker list with full seniority. 5appeal. The employee That decision must be in writing and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of served on the employee and the business Union. The time limitations may be extended only by mutual agreement of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, and the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE PROCEDURES. A. The purpose of these procedures is to provide for the fair and consistent treatment of all Staff. B. The Board expects all Staff to give reasonable and productive effort on the job whenever they are being paid by the District. Staff are required to follow all Board policies and administrative guidelines, adhere to the appropriate job description, and observe good safety practices at all times, including the responsible use of all District property. C. After the employee has completed the probationary period, discipline or dismissal of an employee shall follow the procedures outlined in this section of the Working Agreement. D. The Board shall maintain its performance standards through corrective and progressive discipline, except for gross misconduct (defined on page 8), and follow the steps outlined below: 1. Verbal Warning 2. Written Reprimand 3. Suspension With or Without Pay 4. Dismissal E. When, in the judgment of the administration, the circumstances of a particular case and/or the seriousness of a particular offense make the application of Corrective and Progressive discipline inappropriate (such as gross misconduct), the appropriate disciplinary step to be used will be determined by the Administration. F. Before an employee is disciplined, the Administration shall conduct an investigation to determine the facts in the matter. The Company employee shall be free given the opportunity, in a pre-disciplinary conference, to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxicationprovide his or her explanation of his/her conduct. The Superintendent, or designee, may suspend an employee with pay while the matter is being investigated. G. An employee shall be entitled to invite a Staff member and/or legal counsel to attend any just causeconference with an administrator to discuss the disciplinary action. Copies of all disciplinary action will be provided to the employee within five (5) working days of the conference with the supervisor to discuss the disciplinary matter. H. Disciplinary action shall not be made public except where expressly required by statue. I. Employees may be subject to immediate dismissal for the following reasons (gross misconduct): 1. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. The Company shall be free to discipline receives three (3) Employee Discipline Reports for any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within infraction during a twelve (12) month period shall constitute just causeperiod. 2. Absent excused or extraordinary circumstancesXxxxx insubordination will be defined as, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after limited to, the event. Each warning notice shall contain following: an employee’s willful disregard for a place for the supervisor’s direct order; inappropriate language; employee is disrespectful to sign to acknowledge receipt without admitting guiltsupervisory staff. 3. In addition to those circumstances mentioned elsewhere Engaging in this Agreementinappropriate behavior with students, just cause circumstances for discharge shall includeother staff, parents, and visitors of the District, including, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company harassment (Board Policy #4362) and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needsthreatening behavior (Board Policy #4362.01). 4. The Company will discharge Possession and/or consumption of any controlled substance, including alcohol, on District property, as defined in Board Policy # 4122.01. Coming to work under the influence of any controlled substance, including alcohol, as defined in Board Policy #4122.01. When an employee who is denied registration suspected of possession, consumption, or whose registration is canceled by being under the State influence of Minnesota Board alcohol or a controlled substance while on District premises or while performing work for the District, the employee may be subject to an immediate drug/alcohol screen at an accredited medical clinic upon the authorization of Private Detective and Protective Agent Services the Assistant Superintendent-Human Resources or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full senioritydesignee. 5. The Possession of any firearms or explosives on District property. 6. Revealing any District confidential information (including but not limited to student records or a staff personnel file, confidential correspondence) to any unauthorized individual. 7. Misconduct outside the District which affects the employee’s ability to work effectively, upon reviewing the circumstances of each situation. 8. Falsification of records (including but not limited to applications, time-cards, building check forms, evaluation reports, and employee and disciplinary reports). 9. Leaving the Union recognize that the customer is the ultimate consumer and ultimately controls the access assigned building/work areas knowingly without permission of a supervisor. 10. Misuse of the employee and the business District computer network including unauthorized use during work time. 11. Theft of the Company. When a security-related incident occurs on a job site that is equipment, supplies, or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membershipmonetary funds.

Appears in 1 contract

Samples: Working Conditions Agreement

DISCIPLINE PROCEDURES. 1. The Company 13.1 Subject to the rights granted in Article 3 of this Agreement, HBR shall be free to not suspend or discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An an employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse a fair and impartial hearing as set out in this Article. If, however, an employee is in violation of a federal or provincial statute or regulation or is endangering the safety of himself, a fellow employee or the public, HBR may hold him out of service with pay pending a hearing. 13.2 HBR shall notify an employee in writing of the incident(s) for which suspension or discharge is or may be imposed. The notice shall summarize the nature of the incident(s), give the time, date, and place of the occurrence of the incident(s), set the time and date of the hearing, and inform the employee he has the right to Union representation and to bring witnesses. 13.3 The hearing will be scheduled within fifteen (15) days of the date of notice and shall be presided over by the General Manager of HBR or his designee. The parties shall not be represented by or utilize legal counsel at the hearing. HBR shall provide the employee and the Union a list of Witnesses it intends to call at the hearing no less than forty-eight (48) hours in advance of the hearing. The employee shall also supply HBR with a list of witnesses he intends to call at the hearing forty-eight (48) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and HBR. 13.4 The General Manager of HBR or his designee shall conduct the hearing in an informal manner and only he and the employee's Union representative may examine witnesses. The employee under investigation or his accredited representative shall have the right to attend any investigation that may have a bearing on his involvement with the matter under investigation. The employee or his representative shall have the right to ask questions of any witness/employee during such investigation relating to the Grievance employee’s responsibilities. Only the General Manager or his designee, employee under investigation and Arbitration procedure set forth the employee’s Union representative may examine witnesses. A transcript of the hearing will be kept and it and copies of all documents or audio or video tapes utilized in Article 20the hearing will be provided to the employee and his representative at their request. 2. The Company 13.5 HBR witnesses who attend a hearing shall be free to discipline compensated for time lost and be reimbursed for reasonable out-of-pocket expenses. If the employee is held for more than eight (8) hours, he shall be paid one and one-half (1½) times the employee's regular rate of wages on a minute basis for all time over the eight (8) hours. Employees who are already receiving compensation for the day(s) serving as a witness shall not be paid any employee who commits an infraction, which, while not being sufficient to constitute just cause additional compensation for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period testifying. 13.6 A decision will be discharged for offenses, which do not rendered in no longer than twenty (20) days after the hearing. Such decision shall be in writing and of themselves constitute just cause for discharge unless served on the employee and the Union. This time limitation may be changed only by mutual agreement between the Union and HBR. Once a decision has received two (2) prior written warnings within twelve (12) months been rendered, HBR may implement the decision. 13.7 If the Union disagrees with the decision rendered, it may appeal the decision to the General Manager of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued HBR within ten (10) days after the Company knew or should have known of receipt of the offense but decision. Such appeal must be in writing and must specify the grounds or reasons the decision is incorrect or the level of discipline inappropriate. Failure to file an appeal by the due date shall render the decision final and not more than thirty appealable. The General Manager shall have ten (3010) days after the event. Each warning notice shall contain to render a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed decision on the displaced worker list with full seniority. 5appeal. The employee That decision must be in writing and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of served on the employee and the business Union. The time limitations may be extended only by mutual agreement ofHBR and the Union. 13.8 A grievance concerning the discipline imposed, which has been processed in the manner and through each of the Company. When a security-related incident occurs on a job site that is steps outlined in this Article and still has not been settled or can reasonably disposed of, may be construed as injurious referred by any of the signatories to that customerthis Agreement pursuant to the procedures set forth in Article 7.4. 13.9 For purposes of this Article, the employeeCompany can conduct the hearing by way of telephone, the Union, and the Company will cooperate in every way in the investigation upon mutual agreement of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membershipparties.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE PROCEDURES. 1A. Employer will discipline for just cause only. The Company Disciplinary actions shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, in one or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. 2. The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months more of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstancesfollowing forms, warning notices shall be issued within ten (10) days after based on the Company knew or should have known nature of the offense or breach of expected conduct and the history of performance of the Employee: (a) Oral reprimand (b) Written reprimand (c) Suspension (d) Discharge B. The philosophy of progressive discipline will be adhered to, but disciplinary actions need not more than thirty (30) days after always be taken in order indicated above. Written disciplinary measures including written reprimands, notices of suspension or discharge, which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the eventEmployee. Each warning notice The Employee shall contain be given a place copy of such reprimands or notices and if the Employee does not sign and acknowledge receipt thereof, the Employer shall indicate that a copy was given to or mailed to the Employee and shall indicate the date of such action. C. Action to suspend or discharge shall be in written form and shall state the reasons for the employee to sign to acknowledge receipt without admitting guiltaction taken. Such notices shall also indicate the effective date or the time period, if appropriate, for which the action shall be effective. 3D. An Employee shall be given opportunity to submit a written response and such response should be attached to any disciplinary document in Employee's personnel file. In addition Except for customer- related incidents, upon the request of the Employee all documents relating to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but discipline will be destroyed after twenty-four (24) months from the occurrence giving rise to such discipline and will not be limited to: insubordinationadmissible in any subsequent discipline proceeding, theftprovided there has been no re-occurrence or other disciplinary action since the occurrence. E. The Union shall be provided with a copy of any notice of suspension or discharge and an Employee will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. F. A suspension of not less than five (5) calendar days, excessive absenteeismwithout pay, gross negligenceshall precede the effective date of any discharge action, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated subject to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs Employee being repaid if the Employee's grievance is upheld. G. Employees may examine their own individual personnel files at reasonable times under the supervision of the Company, the building owner or its tenants. The Union further understands Employer and agrees that the Company provides an important service to its tenants may secure copies of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needsany contents thereof at reasonable cost. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE PROCEDURES. 1. 19.1 The Company shall be free to discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20. All disciplines, including verbal, must be documented in writing, and issued within the prescribed timelines of Section 19.2 below. The Company shall make good faith efforts to present the discipline to the employee in person, with the exception of a lack of response or availability from the employee to meet in person, when the employee and employer mutually agree not to meet in person, in situations involving threats or workplace violence, or for circumstances beyond the Company’s control. 2. 19.2 The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the eventoffense. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. 19.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. 19.4 The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. 19.5 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE PROCEDURES. 1. The Company ‌ 13.1 Subject to the rights granted in Article 3 and Article 6.3 of this Agreement, GSR shall be free to not suspend or discharge employees for refusal to obey lawful orders, incompetence, misrepresentation, intoxication, or any just cause. An an employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse a fair and impartial hearing as set out in this Article. If an employee is in violation of a federal or provincial statute or regulation or is endangering the safety of himself, a fellow employee or the public, GSR may hold him out of service with pay pending a hearing. 13.2 GSR shall notify an employee in writing of the incident(s) for which suspension or discharge is or may be imposed. The notice shall summarize the nature of the incident(s), give the time, date, and place of the occurrence of the incident(s), set the time and date of the hearing, and inform the employee he has the right to Union representation and to bring witnesses. 13.3 The hearing will be scheduled within fifteen (15) days of the date of notice and shall be presided over by the General Manager of GSR or his designee. The parties shall not be represented by or utilize legal counsel at the hearing, GSR shall provide the employee and the Union a list of witnesses it intends to call at the hearing no less than forty-eight (48) hours in advance of the hearing. The employee shall also supply GSR with a list of witnesses he intends to call at the hearing forty-eight (48) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and GSR. 13.4 The General Manager of GSR or his designee shall conduct the hearing in an informal manner and only he and the employee's Union representative may examine witnesses. A transcript of the hearing will be kept and it, as well as copies of all documents or audio or videotapes utilized in the hearing will be provided to the Grievance employee and Arbitration procedure his representative at their request. 13.5 GSR witnesses who attend a hearing shall be compensated for time lost and be reimbursed for reasonable out-of-pocket expenses. If the employee is held for more than eight (8) hours or ten (10) hours if the schedule modified as per the Definition in 1.7, he shall be paid one and one-half (1 and 1/2) times the employee's regular rate of wages. Employees who are already receiving compensation for the day(s) served as a witness shall not be paid any additional compensation for testifying. 13.6 A decision will be rendered in no longer than twenty (20) days after the hearing. Such decision shall be in writing and served on the employee and the Union. This time limitation may be changed only by mutual agreement between the Union and GSR. Once a decision has been rendered, GSR may implement the decision. 13.7 If the Union disagrees with the decision rendered, it may appeal the decision to the Chief Executive Officer of the Great Sandhills Railway, within sixty (60) days of receipt of the decision. Such appeal must be in writing and must specify the grounds or reasons the decision is incorrect or the level of discipline inappropriate. Failure to file an appeal by the due date shall render the decision final and not appealable. The General Manager shall have sixty (60) days from the date of receipt of the appeal to render a decision on the appeal. That decision must be in writing and served on the employee and the Union. The time limitations may be extended only by mutual agreement of GSR and the Union. 13.8 A grievance concerning the discipline imposed, which has been processed in the manner and through each of the steps outlined in this Article and still has not been settled or disposed of, may be referred by any of the signatories to this Agreement pursuant to the procedures set forth in Article 207.4. 2. The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Collective Agreement

DISCIPLINE PROCEDURES. 1. 6.1 The Company employer, when taking formal action against an employee, shall give a copy of such action to the employee, a copy to the Union President, and a copy shall be free to discharge employees for refusal to obey lawful ordersretained in the personnel record of the employee. When imposing such discipline, incompetence, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may the action shall be disciplined or discharged without just cause and without recourse limited to the Grievance and Arbitration procedure set forth in Article 20. 2. The Company shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary actionpertinent act causing the reprimand. However, no notwithstanding the previous paragraph, the Employer shall follow the concept of progressive discipline, except when the offense as determined by the Employer may require a more severe penalty, as it considers and reviews the employee’s work record before final discipline is imposed. The employer’s progressive discipline steps include the following: Verbal warning Written reprimand Short term suspension without pay Long term suspension without pay Dismissal In cases where alleged conduct violation requires an investigation, the Employer may elect to suspend an employee. The suspension shall be with pay until the investigation is completed and/or a Step 2 grievance hearing has been held. 6.2 The employer when disciplining an employee who has completed by discharge while at work on the school premises, shall give a written notice of discharge with cause in the presence of the Union President or Union Representative. Any such employee will be allowed, if requested by him/her, to discuss the action of the employer with the xxxxxxx in any office designated by the employer prior to the employee being required to leave the school premises. (a) A meeting shall be held under Step 2 of the grievance procedure within five (5) days after any discharge. This paragraph shall not apply to probationary employees. (b) If the grievant is not satisfied with the disposition of the grievance by the Director of Employee Relations, the grievance may be submitted to the Board of Education in accordance with Step 3 of the grievance procedure. 6.3 No non-probationary employee shall be discharged or disciplined without just cause. 6.4 After the initial probationary period, if an employee’s performance is later evaluated and determined by the administration as not being acceptable or if the employee’s overall conduct warrants discipline, the employee may be placed on a performance or disciplinary period of warning. a. Prior to being placed on probation, the employee will be given a written statement of deficiencies, a plan for correction and a time line for improvement. The statement of deficiencies and plan for correction shall be given to the employee by March 1. In the event necessary improvements do not occur, the employee will be placed on probation by the personnel department starting July 1. If probationary status is caused by a specific inappropriate conduct(s), the employee will be placed on probation at the time of discipline. b. It is understood that the probationary period will not be discharged utilized for offensesincidents of gross misconduct that results in the employee’s discharge. c. Employees placed on either performance or disciplinary probation will not be eligible to apply for vacancies and/or promotions. d. Wages of employees on probation will be frozen for the duration of the warning period. e. No warning period shall exceed six months. However, which do the administration may with cause extend any disciplinary probation for an additional six months if sufficient improvements are not made. f. In the event a warning period does not produce the necessary improvements in and of themselves constitute just cause for discharge unless the employee’s performance or conduct, the employee has received two (2) prior written warnings within twelve (12) months of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall will be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated terminated by the Company and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needsdistrict. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membership.

Appears in 1 contract

Samples: Support Staff Agreement

DISCIPLINE PROCEDURES. 115.01 Discharge, suspension, and other disciplinary action shall be for just cause, and shall be in accordance with the provisions of this Article. 15.02 An employee shall have the right to have his shop xxxxxxx present at any meeting with his supervisor held to discuss possible disciplinary action in relation to that employee. Where a supervisor intends to meet with an employee to discuss possible disciplinary action he shall notify the employee of the purpose of the meeting in advance, so that the employee may arrange for his shop xxxxxxx to be present at the meeting. An employee may request at any time during such a meeting that further discussion be postponed until he can arrange for his shop xxxxxxx to be present, provided this does not result in undue delay. (a) The Village shall notify an employee of any dissatisfaction concerning his conduct or his work within 10 working days of the Village becoming aware of the action of the employee which causes such dissatisfaction. This notice shall include particulars of the situation which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of the employee's record for use against him at any time. (b) A copy of every notice relating to the reprimand, suspension, demotion, or discharge of an employee shall be provided to the Union within 5 days of the disciplinary action being taken by the Village. (c) This section shall be applicable to any complaint or accusation which may be detrimental to an employee's advancement or standing with the Employer, whether or not it relates to his work. The Company employee's reply to such complaint, accusation or expression of dissatisfaction shall become part of his record. (d) The record of an employee shall not be free used against him at any time after 24 months following the suspension or other disciplinary action, including letters of reprimand or any adverse reports. 15.04 An employee shall have the right to discharge employees for refuse to cross a picket line of a legal strike. Refusal to cross such a picket line, or refusal to obey lawful ordersdeal with any business establishment involved in a legal strike, incompetenceshall not be considered a violation of this Agreement, misrepresentation, intoxication, or any just cause. nor shall it be grounds for disciplinary action. 15.05 An employee who has not completed his or her probationary period been subject to any disciplinary action by the Village may be disciplined appeal such action through the grievance procedure set out in Article 13, and the appeal of an employee considered to have been unjustly suspended or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 20shall be heard at Step 2 of that procedure. 2. The Company 15.06 If it is determined through a grievance or arbitration hearing that an employee has been unjustly suspended or discharged, such employee shall be free to discipline any employee who commits an infractionimmediately reinstated in his former position, whichwithout loss of seniority, while not being sufficient to constitute just cause and shall be compensated for all earnings lost as a consequence of such suspension or discharge, or such other compensation as is sufficient to warrant some lesser disciplinary action. However, no employee who has completed just and equitable in the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has received two (2) prior written warnings within twelve (12) months opinion of the offense. The issuance of two (2) prior warnings within a twelve (12) month period shall constitute just cause. Absent excused or extraordinary circumstances, warning notices shall be issued within ten (10) days after the Company knew or should have known of the offense but not more than thirty (30) days after the event. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt. 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to: insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Company Village and clearly communicated to the employee, use of unnecessary force or disrespectful treatment of a tenant, visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Company, the building owner or its tenants. The Union further understands and agrees that the Company provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Company, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4. The Company will discharge any employee who is denied registration or whose registration is canceled by the State of Minnesota Board of Private Detective and Protective Agent Services or any other governmental agency. Discharge under this Article for failure to possess a license shall be without recourse to the Grievance Procedure of Article 20. If the Employee is able to resolve their compliance within 30 days, they will be placed on the displaced worker list with full seniority. 5. The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee and the business of the Company. When a security-related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Company will cooperate in every way or in the investigation opinion of a Board of Arbitration if the incident until the incident matter is resolved and/or the customer is satisfied that all reasonable avenues have been pursued taken to their completion. The Union will not impede any steps which may assist the Company in convincing the customer of the thoroughness and/or reliability of its investigation, consistent with the Union’s duty to provide fair and effective representation to its membershiparbitration.

Appears in 1 contract

Samples: Collective Agreement