Common use of Discipline, Suspension or Discharge Clause in Contracts

Discipline, Suspension or Discharge. (a) No employee will be dismissed, suspended or otherwise disciplined except for just and reasonable cause. (b) Employees will not be disciplined in any manner prior to an investigative hearing into an incident or issue where discipline, suspension or discharge is contemplated. The employee(s) will have the right to produce witness(es) and evidence at the meeting and will have a Union Representative present. (c) The Company may, at its own discretion, suspend an employee pending investigation into an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking disciplinary actions due to the unavailability of Union representation. (d) If, in the course of a normal interview, evidence is adduced that would lead the Manager to contemplate suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) When disciplinary action is taken, the employee will be provided with a written notice of discipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (g) below and their right to initiate an appeal under the grievance procedure. (f) The Union District Chairperson will receive a copy of all disciplinary notices issued to an employee in their District. The Union will have the right to seek clarification of such notices. (g) Employees who feel they have been unjustly dealt with may appeal the Company's decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have the right to initiate the appeal directly at Step 2. (h) The Company's decision in the case of an appeal may either uphold a previous Company decision, fully exonerate and reinstate the employee with no loss of pay or benefits, or render such intermediate decision as may be considered just and equitable. (i) Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Discipline, Suspension or Discharge. (a) No employee will be dismissed, suspended or otherwise disciplined except for just and reasonable cause. (b) Employees Employee(s) will not be disciplined in any manner prior to an investigative hearing into an incident or issue where discipline, suspension or discharge is contemplated. The employee(s) will have the right to produce witness(es) and evidence at the meeting and will have a Union Representative representative present. (c) The Company may, at its own discretion, suspend an employee pending investigation into an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking disciplinary actions due to the unavailability of Union representation. The Company will advise the Union at Headquarters level should there be difficulty in obtaining a Union representative and allow the Union a reasonable period of time to rectify the situation prior to proceeding with either the investigative hearing or disciplinary action. (d) If, in the course of a normal interview, evidence is adduced that would lead the Manager manager to contemplate suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) When disciplinary action is taken, the employee will be provided with a written notice of discipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (gk) below and their right to initiate an appeal under the grievance procedure. (f) The Union District Chairperson will receive a copy of all disciplinary notices issued to an employee in their District. The Union will have the right to seek clarification of such notices. (g) Employees who feel they have been unjustly dealt with may appeal the Company's decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have the right to initiate the appeal directly at Step 2. (h) The Company's decision in the case of an appeal may either uphold a previous Company decision, fully exonerate and reinstate the employee with no loss of pay or benefits, or render such intermediate decision as may be considered just and equitable. (i) Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline, Suspension or Discharge. (a) No 15.01 The University shall not discipline or terminate an employee without cause, subject to the probationary provisions of this agreement. The employer and the Union recognize the value of progressive discipline with the purpose of being corrective in application. 15.02 In the event that an employee is issued a disciplinary suspension from active employment and without pay for any reason, Union representation shall be present at the time that the employee is advised of the suspension unless Union representation is declined by the employee. 15.03 Whenever a regular employee is to be disciplined or discharged from employment at the University, the Union will be dismissednotified in advance. If the 15.04 In the event that an employee is issued a disciplinary suspension or discharged for any reason, suspended or otherwise disciplined except for just and reasonable cause. (b) Employees will not be disciplined in any manner prior the University agrees to an investigative hearing into an incident or issue where discipline, confirm such suspension or discharge is contemplated. The employee(s) will have and the right to produce witness(es) and evidence at the meeting and will have a Union Representative present. (c) The Company may, at its own discretion, suspend an employee pending investigation into an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated reason thereof in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking disciplinary actions due employee and to the unavailability of Union representationas soon as is reasonably possible thereafter. (d) If, 15.05 When any warning or disciplinary note or letter is to be placed in the course of a normal interview, evidence is adduced that would lead the Manager to contemplate suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) When disciplinary action is takenemployee’s file, the employee shall first be given copy before it is placed in the employee’s official file. The employee may add comments to the document before it is filed. 15.06 The Parties agree to the attached Closed Circuit Television/Surveillance Cameras (Effective date: 01 January 2019) and Electronic Monitoring Guideline. 15.07 An employee who is named as a respondent in a complaint filed by a member of the University community or the public at large with respect to the discharge of their duties will be provided with a written notice copy or summary of discipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (g) below and their right to initiate an appeal under the grievance procedure. (f) The Union District Chairperson will receive a copy of all disciplinary notices issued to an allegations(s). An employee in their District. The Union will have the right to seek clarification request a Union representative during any investigatory meetings with the employee into the alleged complaint. The Union will undertake to provide a representative in a timely manner so as not delay or prejudice the proceedings. Where an informal resolution is not achieved or when the complaint is of a severity for which informal resolution is not appropriate, an investigation into such noticesallegations will be conducted and the findings reported in a timely manner. (g) Employees who feel they have been unjustly dealt with may appeal the Company's decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have 15.08 An employee has the right to initiate request the appeal directly at Step 2presence of a Union representative in any investigation meeting with the employee that could result in the imposition of discipline. Prior to any such meeting, the Employer shall make the employee aware of their right to Union representation. If representation is requested, no further discussion will take place with the employee on the matters in question, until Union representative is present. The Union agrees to provide a representative in a timely manner so as not delay or prejudice the proceedings. (h) The Company's decision in the case of 15.09 If an appeal may either uphold a previous Company decisionemployee is suspended, fully exonerate and reinstate while an investigation is being conducted, the employee with no shall not incur a loss of pay salary or benefits, or render such intermediate decision as may be considered just and equitable. (i) Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected.

Appears in 1 contract

Samples: Collective Agreement

Discipline, Suspension or Discharge. (a) No employee will be dismissed, suspended or otherwise disciplined except for just and reasonable reason- able cause. (b) Employees will not be disciplined in any manner prior to an investigative hearing into an incident inci- dent or issue where discipline, suspension or discharge is contemplated. The employee(s) will have the right to produce witness(es) and evidence at the meeting and will have a Union Representative rep- resentative present. (c) The Company may, at its own discretion, suspend an employee pending investigation into an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking tak- ing disciplinary actions due to the unavailability of Union representation. (d) If, in the course of a normal interview, evidence is adduced that would lead the Manager manager to contemplate con- template suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) When disciplinary action is taken, the employee will be provided with a written notice of discipline dis- cipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (g) below and their right to initiate an appeal under the grievance procedure. (f) The Union District Chairperson will receive a copy of all disciplinary notices issued to an employee in their District. The Union will have the right to seek clarification of such notices. (g) Employees who feel they have been unjustly dealt with may appeal the Company's ’s decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided pro- vided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have the right to initiate the appeal directly at Step 2. (h) The Company's ’s decision in the case of an appeal may either uphold a previous Company decisiondeci- sion, fully exonerate and reinstate the employee with no loss of pay or benefits, or render such intermediate decision as may be considered just and equitable. (i) Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected.

Appears in 1 contract

Samples: Collective Agreement

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Discipline, Suspension or Discharge. (a) No employee will be dismissed, suspended or otherwise disciplined except for just and reasonable cause. (b) Employees will not be disciplined in any manner prior to an investigative hearing into an incident or issue where discipline, suspension or discharge is contemplated. The employee(s) will have the right to produce witness(es) and evidence at the meeting and will have a Union Representative representative present. (c) The Company may, at its own discretion, suspend an employee pending investigation into an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking disciplinary actions due to the unavailability of Union representation. (d) If, in the course of a normal interview, evidence is adduced that would lead the Manager manager to contemplate suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) When disciplinary action is taken, the employee will be provided with a written notice of discipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (g) below and their right to initiate an appeal under the grievance procedure. (f) The Union District Chairperson will receive a copy of all disciplinary notices issued to an employee in their District. The Union will have the right to seek clarification of such notices. (g) Employees who feel they have been unjustly dealt with may appeal the Company's decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have the right to initiate the appeal directly at Step 2. (h) The Company's decision in the case of an appeal may either uphold a previous Company decision, fully exonerate and reinstate the employee with no loss of pay or benefits, or render such intermediate decision as may be considered just and equitable. (i) Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected.

Appears in 1 contract

Samples: Collective Agreement

Discipline, Suspension or Discharge. (a) No employee will be dismissed, suspended or otherwise disciplined except for just and reasonable cause. (b) Employees . will not be disciplined in any manner prior to an investigative hearing into an incident or issue where discipline, suspension or discharge is contemplated. The employee(s) will have the right to produce witness(es) and evidence at the meeting and will have a Union Representative representative present. (c) . The Company may, at its own discretion, suspend an employee pending investigation into investigationinto an incident or issue. An employee will not suffer a loss in pay until such time as a hearing has taken place as provided in (b) above and a decision made and communicated in writing to the employee. The Company will not be restricted from conducting investigative hearings or taking disciplinary actions due to the unavailability of Union representation. (d) . The Company will advise the Union at Headquarters level should there be difficulty in obtaining a Union representative and allow the Union a reasonable period of time to the situation prior to proceeding with either the investigative hearing or disciplinary action. If, in the course of a normal interview, evidence is adduced that would lead the Manager manager to contemplate suspension or discharge, the interview will be immediately adjourned without further discussion of the incident or issue and an investigative hearing will be arranged as provided for in (b) above. (e) . When disciplinary action is taken, the employee will be provided with a written notice of discipline which will set out the action being taken, the reasons for the action, the period of time the disciplinary reference will remain on file pursuant to (g) below and their right to initiate an appeal under the grievance procedure. (f) grievanceprocedure. The Union District Chairperson will receive a copy of all disciplinary notices disciplinarynotices issued to an employee in their District. The Union will have the right to seek clarification of such notices. (g) . Employees who feel they have been unjustly dealt with may appeal the Company's decision through the Union. Such appeal will be initiated at Step 1 of the grievance procedure as provided for in Article 16.06. However, where the decision to discipline, suspend or dismiss was made by the Manager of the Department concerned, the Union will have the right to initiate the appeal directly at Step 2. (h) The Company's decision in the case of an appeal may either uphold a previous Company decision, fully exonerate and reinstate the employee with no loss of pay or benefits, or render such intermediate decision as may be considered just and equitable. (i) . Written Complaints - All written complaints about employees received by the Company will be open to inspection by representatives of the Union, and a copy given to the employee affected. DisciplinaryRecords Disciplinary actions resulting misdemeanour offenses will be removed an employee's record after one (1) year. Records of more serious disciplinary actions will be removed two (2) years. Personal File Employees will be given access to their personal file upon request. When authorized by the employee in writing, Union representatives will be given access to an employee's personal file upon request.

Appears in 1 contract

Samples: Collective Agreement

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