DISCIPLINE PROCEDURES. 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. 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. 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. 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 Procedures of Article 20. 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 2 contracts
Samples: Security Officers Contract, Security Officers Contract
DISCIPLINE PROCEDURES. 19.1 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.
19.2 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.
19.3 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.
19.4 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 Procedures 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.
19.5 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: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE PROCEDURES. 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.
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.
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.
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 Procedures Procedure of Article 20.
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 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE PROCEDURES. 19.1 1 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.
19.2 1 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 ( 12(1 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.
19.3 1 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.
19.4 1 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 Procedures Procedure of Article 20.
19.5 . 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. 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 ’s duty to provide fair and effective representation to its membership.
Appears in 1 contract
Samples: Security Contract
DISCIPLINE PROCEDURES. 19.1 The Company 15.01 Discharge, suspension, and other disciplinary action shall be free 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 employees for 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 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 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 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.
19.2 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.
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 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.
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 Procedures of Article 20.
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 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
DISCIPLINE PROCEDURES. 19.1 The Company A. Employer will discipline for just cause only. 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.
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 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.
19.3 In addition D. An Employee shall be given opportunity to those circumstances mentioned elsewhere submit a written response and such response should be attached to any disciplinary document in this AgreementEmployee's personnel file. Except for customer- related incidents, just cause circumstances for discharge shall include, but upon the request of the Employee all documents relating to 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.
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 Procedures of Article 20.
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: Labor Agreement