Common use of Discipline Clause in Contracts

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 5 contracts

Samples: Collective Agreement, General Service Collective Agreement, Collective Agreement

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Discipline. 42.01 Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any employee who is suspended such discipline or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, discharge shall be subject to formal grievance procedure the Grievance or Appeals Procedure, as outlined applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in Article 12nature, if based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee so desiresof his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. 42.03 Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employer Employee may provide a written response, which shall notify be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an employee Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any dissatisfaction concerning his/her pre-action hearing at least two (2) working days (or equivalent work within hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the occurrence hearing officer. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or discovery demotion as a possible outcome of the incident giving rise hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the complainthearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. This notification shall include particulars of work performance which led An Employee must be afforded an opportunity to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at any timethe time such action is taken. This Clause document shall apply in respect of any expression of dissatisfaction relating to his/her include the specific reasons for such discipline such as, approximate time and location, specific work rule or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employerregulation violated, or a representative action of the Employeremployee and if appropriate, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access recommend corrective action to the Employer's premises in order to provide the required assistanceEmployee. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a Shop Xxxxxxx present possible criminal offense, the employee shall be placed on all matters either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that a specific disciplinary action is necessary, such action overturned through either the grievance or appeal procedure shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her place of employment, it department. Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records. Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay., may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 15.1 Except for those covered employees who may be terminated during their probationary period, no covered employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment. 15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence the employee. 15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be entitled. 15.4 As set forth in Article 4.5.7, a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full- time and part-time covered employees. 15.5 A covered employee who is suspended or dismissed the subject of a disciplinary investigation shall be notified in writing within five seven (57) calendar days of such suspension investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or dismissalparties to perform the investigation, be provided with written notification which shall state and the reasons for anticipated date of completion of the suspension or dismissal. 42.02 investigation. All dismissals, suspensions and other disciplinary action, investigations shall be subject completed within sixty (60) calendar days, unless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Employer employee shall notify an employee be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any dissatisfaction concerning investigation the employee shall retain his/her work within five (5) working days current position, status, schedule, assignment and rate of the occurrence pay, except as provided in Article 15.6, below or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or as otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken determined based on the Collective Agreement. In situations where the Employer is unable to investigate circumstances surrounding the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payunder investigation.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Documents related to disciplinary measures 22.01 Notice of disciplinary action which may have been placed on the file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period. 22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-existent. 22.03 The employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part. 22.04 Any disciplinary action is communicated to the concerned employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided in a written notice with written notification which shall state copy to the union. This disciplinary notice describes the disciplinary action and the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other explaining it. Only disciplinary action, shall be subject actions submitted in writing to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify and the union, in accordance with this article, may be submitted as evidence during an employee arbitration and be placed in writing employee’s file. Except in the case of any dissatisfaction concerning his/her work within five a serious offence, a suspension only becomes effective after two (52) working days following receipt of the occurrence disciplinary action by the employee. 22.05 Where written departmental standards of discipline are developed or discovery amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute. 22.06 A written reprimand, a suspension or a dismissal are disciplinary measures that may be applied depending on the severity or the frequency of the incident giving rise alleged offence. The Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of proof. 22.07 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. Where practicable, the employee shall receive a minimum of two (2) working days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 22.08 When employees are an employee is required to attend a meeting where meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employerhim/her, the employees are employee is entitled to have, at their his/her request, a union representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigationWhere practicable, the Employer feels that disciplinary action is necessary, employee shall receive a minimum of two (2) days’ notice of such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to a meeting as well as its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paypurpose.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any The parties endorse the concept of progressive discipline. 17:01 When a supervisor finds it necessary to submit a disciplinary letter on an employee, it shall be in writing and it shall contain: (a) particulars regarding the work performance or other employment related action giving rise to the letter. (b) disciplinary and/or corrective measure utilized and recommendations for further action. (c) a statement certifying that the letter has been read by and discussed with the employee who concerned. It is suspended or dismissed understood that Performance Appraisals do not constitute a disciplinary document under the meaning of this Article. 17:02 An employee shall within five (5) days of such suspension or dismissal, have the right to comment on a disciplinary letter in writing. The employee’s written comments shall be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery receipt of the incident giving rise disciplinary letter. 17:03 The disciplinary letter and the employee’s comments shall become part of the employee’s personnel file and copies shall be forwarded to the complaintUnion. 17:04 In the event that no subsequent disciplinary letter is filed during a period of twenty-four (24) months, the disciplinary letter shall be removed from the file and will not become part of any subsequent disciplinary actions. This notification shall include particulars In situations involving discipline for proven matters of work performance which led to a more serious nature such dissatisfaction. If this procedure is not followedas sexual harassment or theft, such expression of dissatisfaction the disciplinary letters shall not become be removed from the file. 17:05 In situations where a part supervisor/principal meets with an employee for the purpose of hisdiscussing a matter of formal discipline, the supervisor/her record principal shall notify the employee of their right to have a Union Xxxxxxx present. Formal discipline is understood to be any disciplinary action at the written reprimand level or above. Union Stewards shall be given the opportunity to perform their required duties free from hindrance. It is understood that Union Stewards will make arrangements with the appropriate supervisor/principal when duties require them to be absent from their regularly assigned duties. 17:06 Any employee who is absent without leave other than for use against him/her proven sickness, disability or injury for three (3) consecutive days will be considered to have abandoned their employment and will be terminated for cause, unless the employee can demonstrate that it was unreasonable to expect them to be at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which work. 17:07 An employee may be detrimental suspended for just cause. When an employee is suspended they shall be given the reason in the presence of their Xxxxxxx. Such employee and the Union shall be advised by the Board promptly in writing of the reason for such suspension. Such employee shall have recourse to an employee's advancement or standing with the Employergrievance procedure. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to 17:08 An employee who has completed the probationary period may be taken by dismissed for just cause upon the Employer, or a representative authority of the Employer, Board. The Union shall be provided the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right opportunity to have a Shop Xxxxxxx present on all matters relating when an employee is being dismissed. Such employee and the Union shall be advised promptly, in writing, by the Board of the reason for the dismissal. Such employee shall have recourse to employer/employee relationsthe grievance procedure, but Steps 1 and 2 of the grievance procedure shall be omitted in such a case. 42.06 If17:09 Employees who have been unjustly demoted, upon investigationsuspended or dismissed shall be immediately reinstated in their former position without loss of seniority. They shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such dismissal or suspension, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of a Board of Arbitration, if the matter is referred to such a Board. 17:10 In cases where the conduct of a permanent employee warrants the immediate removal of the employee from the Board’s premises, the Employer feels that disciplinary action is necessary, such action employee shall be taken based suspended, pending investigation of the details surrounding the incident. The union shall be promptly informed of such action. A decision on the Collective Agreement. In situations where the Employer is unable matter shall be communicated to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place and the Union by management personnel within three (3) working days of employment, it shall be with paythe suspension.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 35.01 The Employer shall notify not discipline nor dismiss any employee who has completed their probationary period except for just cause. 35.02 Prior to the imposition of any form of discipline or discharge, an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of shall be notified that the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure meeting is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may disciplinary and arrangements will be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right made to have a Shop Xxxxxxx present on all matters relating of their choice and/or the Union Representative to employer/attend. If either or both are unavailable within twenty-four (24) hours, the meeting will take place with an alternate shop xxxxxxx or other bargaining unit member of the employee’s choice. If the meeting is not disciplinary but to discuss work performance an employee relationshas the right to request the presence of a Shop Xxxxxxx. 42.06 If35.03 All disciplinary meetings shall be held in private and shall take place on the Employer's premises. 35.04 The affected employee, upon investigationthe Shop Stewards, and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file and of any discharge notice that is given to the affected employee. The written notice of discipline or discharge shall include or be accompanied by the written reasons for taking such action. Any such notice of discipline and/or discharge shall be given to the affected employee and the Shop Xxxxxxx immediately and a copy of the discipline or discharge notice shall be provided to the Union within twenty-four (24) hours of the event via email. If the affected employee and/or Shop Xxxxxxx is not present at the time that the disciplinary or discharge notice is issued, the Employer feels that disciplinary action is necessaryshall send it via registered mail to the affected employee's current address on file. 35.05 Where the Employer makes a written assessment of an employee's work performance, such action the employee shall be taken based on entitled to receive a copy. The employee shall sign the Collective Agreementassessment indicating only that they have read and understands the contents. In situations where The employee may, within thirty (30) days of having received a copy of the assessment, respond in writing to the assessment, which response shall be part of their record. 35.06 Employees covered by this Agreement shall have supervised access to their own personnel file, upon written request from the employee involved. Employees shall be able to obtain copies of items in their personnel file when requested. Any written, signed, and dated responses to items in the file by the employee will be placed in their file. Employees shall not remove any documents from the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it file. The Employer shall be with paymaintain only one (1) personnel file per employee.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any employee who is suspended such discipline or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, discharge shall be subject to formal grievance procedure the Grievance or Appeals Procedure, as outlined applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in Article 12nature, if based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee so desiresof his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. 42.03 Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employer Employee may provide a written response, which shall notify be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an employee Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any dissatisfaction pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning histhe alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head. Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the occurrence suspension or discovery as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the incident giving rise progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the complaint. This notification grievance or appeal procedure shall include particulars of work performance which led be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Section 13.12 Employees shall be allowed to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part review and copy contents of his/her record for use against him/her at any timeHuman Resources personnel file under appropriate supervision and with reasonable advance notice. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work Stewards or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. other Union representatives shall have access also be allowed to review and copy the Employer's premises in order contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to provide defend, indemnify, and to hold the required assistance. Employees involved in such discussion or investigation Employer harmless for any legal proceeding arising from the disclosure of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldthese records. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action Section 13.13 It is necessary, such action agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be taken based on the Collective Agreement. In situations where the Employer is unable offered to investigate the matter to its satisfactionan Employee and, but feels the employee should be removed from his/her place of employmentif accepted by an Employee, it shall be with considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay., may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 11.1 The Parties agree that the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation's right to conduct its business or rights of other employees. It is agreed the Parties will deal promptly with matters of discipline. 11.1.1 Discipline is any action taken by the Corporation concerning an employee's work or conduct, which may be detrimental to the employee's position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. It is understood that all measures of discipline will be contained in the employee's Status and Pay file. 11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed. 11.2.1 Prior to any discipline being imposed, the employee who is suspended or dismissed will be given notice in writing to attend a meeting. The Union shall within be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have a Union representative from the location attend. The unavailability of a Union representative will not delay the meeting for more than five (5) business days from the date of notification to the employee. A Union representative may attend any discipline hearing/meeting at their location. 11.2.2 At the meeting there shall be a full discussion between the employee, the employee's supervisor and/or other designated management representative and the Union representative. 11.2.3 Following this meeting, any disciplinary action that is taken shall be communicated to the employee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of such suspension or dismissal, the discussion. A copy will be provided with written notification which shall state sent to the reasons for the suspension or dismissallocal Union representative. 42.02 All dismissals11.2.4 If the twenty (20) day time limit referenced above cannot be met, suspensions and other disciplinary action, shall it may be subject to formal grievance procedure as outlined in Article 12, if extended by a further ten (10) days provided the employee so desires. 42.03 The Employer shall notify an employee and the national office of the Union have been notified in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of reason for the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. delay and extension. 11.2.5 If this procedure is not followed, such expression of dissatisfaction discipline shall not become a part of his/her the employee's record for use or be used against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 4 contracts

Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal28.01 In the event that the Employer deems disciplinary action necessary, be provided with written notification which shall state the reasons for Employer will first contact the suspension or dismissal. 42.02 All dismissals, suspensions Union Representative and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days advise them of the occurrence meeting that will take place. The Union Representative will choose to attend the meeting or discovery of ask a Shop Xxxxxxx to attend on their behalf. In some cases, both the incident giving rise to Union Representative and the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which Shop Xxxxxxx may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, in attendance at their request, a representative of the Union attend the meeting. 28.02 In order for disciplinary action or discharge to be valid, the Shop Xxxxxxx or Union Representative, shall be present when an employee of the bargaining unit: (a) Employees shall have is given a discipline which is to be entered on the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld.employee’s personnel file; (b) Employees shall have is suspended or discharged. In unusual circumstances where it is necessary for the right Employer to have advise the employee by mail of discharge, the Union office will be faxed or emailed a Shop Xxxxxxx present on all matters relating to employer/employee relationscopy of such notice. All discipline must be given within a reasonable period of time. 42.06 If, upon investigation, the Employer feels that 28.03 All disciplinary action meetings will be held in private. Employees will be given a copy of such discipline which is necessary, such action shall to be taken based extended on the Collective Agreementemployee’s personnel file at the time of the disciplinary meeting. In situations where It is understood that the employees’ signature on a disciplinary notice indicates receipt of the notice only. If the Employer is unable to investigate the matter to its satisfaction, but feels contact the employee should directly, a registered letter sent to the employee’s last known address will suffice. 28.04 In order for a disciplinary action or discharge to be valid, a copy must be provided to the member in writing, and faxed or emailed to the Union office within one (1) working day. 28.05 The Employer agrees that disciplinary notices shall be removed from his/her place the employee’s personnel file after eighteen (18) months, unless there were same or similar issues within the eighteen (18) month period or unless the discipline was for harassment under Appendix “C” of employment, it this Collective Agreement. Said disciplinary notices cannot be used against the employee at a later date. This time period of eighteen (18) months shall be with not include periods of layoff or periods of leaves of absence without pay.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 20.1 Discipline of a member under this Article may include any written reprimand, demotion, suspension with or without pay, or dismissal from service. The Board subscribes to the principles of progressive discipline. No disciplinary action shall be instituted against any bargaining unit member without just cause. Any employee who is suspended disciplinary action shall be predicated upon written charges related directly and substantially to the alleged unsuitability of the member to discharge his professional responsibilities. Discipline shall not be used to restrain members in the exercise of academic freedom or dismissed shall within five (5) days other rights of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalcitizens. 42.02 All dismissals20.2 When Management has reason to believe an incident(s) has occurred which might serve as grounds for discipline, suspensions it shall investigate prior to the application of Section 20.3 below. Interviews with the employee and other disciplinary actionothers may be conducted during any such investigation. Before such interview occurs, the member shall be subject advised of his right to formal grievance procedure as outlined Union representation and shall acknowledge in Article 12writing that he has been given such opportunity. If the individual refuses to make such written acknowledgment, if the employee so desires. 42.03 The Employer Management shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend prior to the meeting. (a) Employees shall have 20.2.1 In cases where the rightPresident/Chancellor believes that an employee's presence on campus may endanger himself or others, at any time, to have the assistance of employee may be placed on a full-time representative(s) paid leave pending completion of the above process. 20.3 Prior to imposing any disciplinary action, the appropriate Management official shall meet with the member who shall be given the opportunity to be accompanied by a Union on all matters relating representative. The member shall acknowledge in writing that he has been given the opportunity to employer/employee relationsbe accompanied by the Union representative. If the individual refuses to make such written acknowledgment, Management shall notify the Union representatives shall have access representative prior to the Employer's premises in order to provide the required assistancemeeting. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 IfAt this meeting, upon investigation, the Employer feels that disciplinary action is necessary, such action written charges shall be taken based on presented to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payemployee.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 11.1 The employer will discipline employees for just cause only. Disciplinary action will be in the form of: a) oral reprimand; b) written reprimand; c) suspension without pay; or d) discharge. Both the employer and the union agree that the above list of types of disciplinary action is not meant to imply a sequence of events. Disciplinary action taken by the employer must be done in a manner that will not intentionally embarrass the employee who is suspended before other employees or dismissed shall within the public, except that action taken in accordance with Articles 11.3 and 11.5 must not be in violation of this provision. 11.2 Written reprimands, suspensions and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge to become part of an employee’s Human Resources file must be presented in the presence of a union xxxxxxx or Business Agent, if the employee requests their presence, and acknowledged by signature of either the employee, xxxxxxx, or Business Agent. The disciplined employee and the union will receive a copy of such reprimands and/or notices. When an employee has not reported for work or has left the work site, the notice may be delivered by certified mail. 11.4 Disciplinary actions entered into an employee’s Human Resources file must be removed after one calendar year, if no further disciplinary actions have been taken during that year. Records of suspension must be retained in the official personnel file for eighteen (18) months, with the exception of suspensions for issues related to sexual or racial harassment or physical violence, which must be retained in the employee’s official personnel file for five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalyears. 42.02 All dismissals, suspensions 11.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the employer. Permission must be secured from the supervisor if this would occur during work time. An individual's personnel file is that maintained by the Human Resources Department in addition to the vacation and other sick leave records maintained by each operating department. 11.6 An investigation involving possible disciplinary action, shall be subject to formal grievance procedure as outlined action defined in Article 12, if 11.1 will not begin until the employee so desires. 42.03 The Employer shall notify has been given an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right opportunity to have a Shop Xxxxxxx Union Representative present on all matters relating to employer/employee relationsat such questioning. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall 11.7 Any employee found to be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should unjustly suspended or discharged must be removed from his/her place of employment, it shall be with payreinstated and must suffer no financial loss.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any ‌ SECTION 1 Discipline is defined as an action taken by the Employer against an employee who is suspended for violation of this agreement and/or violation of the rules, policies and regulations of the Employer. SECTION 2 Discipline will be for just cause and normally will be progressive in nature and aimed at improving the employee’s performance or dismissed conduct; however, disciplinary action shall within five and can be justified to fit the violation or conduct of the employee. SECTION 3 Progressive discipline will be as follows: A. Verbal warning (5written on Verbal Warning sheet). B. Written reprimand. C. Suspension without pay of up to 5 days. D. Dismissal. So long as there are not intervening disciplinary actions, all discipline shall not be considered for purposes of future discipline after twelve (12) days months. SECTION 4 The procedure for any proposed suspension or dismissal shall be as follows: A. The Employer or his/her designee, shall serve the affected employee and the Union with written notification of such pending suspension or dismissal. Such notifications shall cite the charges against said employee, be provided with written notification a brief summary of the evidence upon which shall state the reasons for charges are based, and the suspension or dismissalanticipated disciplinary action. 42.02 All dismissalsB. A hearing shall take place before the Employer or his/her designee. A Union representative may be present at the hearing. At said hearing, suspensions and other disciplinary actionthe evidence upon which the charges were based, shall be subject to formal grievance procedure as outlined in Article 12presented, if and the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of employee, with the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part assistance of his/her record for use representative, if needed, shall be awarded a fair opportunity to be heard in opposition to the charges against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employerher, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have including the right to have a Shop Xxxxxxx present on all matters relating to employerquestion witnesses for or against him/employee relationsher. 42.06 IfC. The hearing will occur as soon as possible, upon investigationbut no sooner than twenty-four (24) hours, and not later than ten (10) working days; if feasible, from notification provided in Part A of this Section; the parties recognizing that time is of the essence in the disciplinary procedure. D. A written decision of the Employer feels that disciplinary action is necessary, such action shall be taken issued to the Employee within ten (10) days of said hearing. SECTION 5 Verbal warnings that are noted in the employee’s file, and written reprimands, are subject to appeal under the Grievance Procedure through Step 1 only. If suspension or dismissal is based on upon prior verbal warnings or written reprimand, and the Collective Agreement. In situations where suspension and/or dismissal is before an arbitrator, then the Employer merits of the written reprimand or verbal warning may be considered by the arbitrator only as such is unable related to investigate the matter violation set forth in the subsequent discipline. SECTION 6 All suspensions and dismissals are subject to its satisfactionappeal through the Grievance Procedure, but feels including binding arbitration, subject to provisions of the employee should be removed from his/her place of employmentOhio Revised Code as it relates thereto, it and such grievance shall be with payinitiated at Step 2 of the Grievance Procedure.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 32.01 Any employee who is suspended or dismissed shall within five seven (57) calendar days of such suspension or dismissal, dismissal be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 32.02 All dismissals, suspensions and other disciplinary action, action shall be subject to the formal grievance procedure Grievance Procedure as outlined in Article 128, if the employee so desires. 42.03 32.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her his work within five seven (57) working calendar days of the occurrence or discovery event of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her his record for use against him/her him at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her his work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 32.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-full time representative(s) of the Union on all matters relating to employerEmployer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor Supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employerEmployer/employee relations. 42.06 32.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, 5.01 An employee’s record shall be subject to formal grievance procedure defined as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any timethe past eighteen (18) months of active service. This Clause shall apply in respect of any expression of dissatisfaction relating to Any employee, having been disciplined by the Corporation may contact his/her work or otherwise which Union Representative, who may file a grievance within ten (10) days to be detrimental to an employee's advancement or standing dealt with the Employeras hereinafter provided. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to 5.02 The following procedures shall be taken by followed regarding the Employer, investigation and handling of complaints from the public about the conduct of an employee or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.employees; (a) Employees shall have the right, at any time, to have the assistance of A complaint means a full-time representative(s) complaint received by Transit Services from a member of the Union on all matters relating to employer/employee relations. Union representatives shall have access to public regarding the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation conduct of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldan employee. (b) Employees If a complaint is to be considered for disciplinary action, it must be forwarded to Transit Services within thirty (30) days of the incident in question. If such a complaint is not received within the above time limit, the complaint shall not be considered for discipline. A photocopy shall be presented to a member of the Union Executive. Names and identifying information shall not be provided to the employee by either the Union or Management. (c) Nothing herein shall prevent Transit Services from interviewing employees concerning verbal complaints or emails. However, verbal complaints or emails must be followed by a statement that is signed by the complainant to result in disciplinary action. Such record may be kept for up to eighteen (18) months of the incident. (d) When an employee is required to report to the Corporation Officer investigating the complaints the employee shall be paid at the applicable rate for all lost time. 5.03 Causes for dismissal will include, among other reasons, theft, destruction or abuse of Corporation property, habitually reporting late, gambling while on duty, abusing privileges of employee's free transportation, causing an accident through carelessness or neglect, incivility to passengers, profanity on coaches or on the premises of the Corporation, missing fares through neglect, absent without leave after one working period. Causes will also include not complying with the rules of maintenance procedure as laid out in the garage, repeated failure or come backs of mechanic's work due to carelessness, inefficiency or neglect. In all cases, the employee may have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsappeal under Article 6 of this Agreement. 42.06 If, 5.04 It is mutually understood and agreed upon investigation, the Employer feels that disciplinary action is necessary, such action Casual Operators and probationary employees may be dismissed for reasons less serious than those affecting full-time employees. Such causes shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactioninclude, but feels not be limited to, matters pertaining to performance and the employee should be removed from his/her place of employment, it shall be ability to get along with payothers.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any 11.1 The parties agree the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation's right to conduct its business or rights of other employees. It is agreed the parties will deal promptly with matters of discipline. 11.1.1 Discipline is any action taken by the Corporation concerning an employee's work or conduct, which may be detrimental to the employee's position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. It is understood that all measures of discipline will be contained in the employee's Status and Pay file. 11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed. 11.2.1 Prior to any discipline being imposed, the employee who is suspended or dismissed will be given notice in writing to attend a meeting. The Union shall within be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have a Union representative from the location attend. The unavailability of a Union representative will not delay the meeting for more than five (5) business days from the date of notification to the employee. A Union representative may attend any discipline hearing/meeting at their location. 11.2.2 At the meeting there shall be a full discussion between the employee, the employee's supervisor and/or other designated management representative and the Union representative. 11.2.3 Following this meeting, any disciplinary action that is taken shall be communicated to the employee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of such suspension or dismissal, the discussion. A copy will be provided with written notification which shall state sent to the reasons for the suspension or dismissallocal Union representative. 42.02 All dismissals11.2.4 If the twenty (20) day time limit referenced above cannot be met, suspensions and other disciplinary action, shall it may be subject to formal grievance procedure as outlined in Article 12, if extended by a further ten (10) days provided the employee so desires. 42.03 The Employer shall notify an employee and the national office of the Union have been notified in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of reason for the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. delay and extension. 11.2.5 If this procedure is not followed, such expression of dissatisfaction discipline shall not become a part of his/her the employee's record for use or be used against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who 9.01 Employees whose behaviour is suspended or dismissed shall within five (5) days detrimental to the efficient and safe conduct of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, Employer's business shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdisciplinary action. 42.03 9.02 The Employer procedure in disciplining an employee regardless of the amount of time on the project shall notify an be: (A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee's Xxxxxxx and Job Xxxxxxx. Copy of warning notice mailed to the Union office. (B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week. (C) Any offence after suspension, employee may be terminated. (D) Any warnings or suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any dissatisfaction concerning his/her further warnings or suspensions. (E) The above warnings may not be applicable to the offences set out in Article 9.05 which call for dismissal of the Employee. 9.03 Employees discharged shall be advised by the Employer of the cause for dismissal. 9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement. 9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences: 1) All Employees must provide the Employee’s actual residence in a form satisfactory to the Employer. Any abuse or misrepresentation by the Employee in supplying this information may be subject to dismissal and the Employee may not be eligible for rehire. In addition, the Employer may receive address information from the Union. 2) Participation in an illegal strike or slow down may result in the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line. 3) Leaving the work within five site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be at the Employer’s discretion. 4) Absence from the work site for one (1) or two (2) days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (1) week suspension at the Employer’s discretion. After three (3) days absent without a call in or a valid excuse, the Employee will be considered to have quit their position. 5) working days Chronic absenteeism or tardiness or idleness - written warning to the Employee. Up to one (1) week suspension of the occurrence or discovery Employee upon repetition of this offence at the Employer’s discretion. 6) Upon the determination by an Employer that an Employee is incompetent and/or otherwise not qualified to perform work in a work-like manner in the trade for which the Employee has been hired, and according to the provisions of the incident giving rise Productivity Clause, Article 9A, and upon corroboration from the Labourer’s Xxxxxxx or supervision on site, the Employer shall without prejudice be entitled to terminate the Employee’s employment and refer him back to the complaintUnion subject to the provisions of Article 9A – Productivity Clause. 7) Reporting for duty in an inebriated or impaired condition – the Employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented. 8) Possession, use of, or trafficking in any intoxicant and/or non-medicinally prescribed narcotics or drugs while at the site - immediate dismissal of the Employee at the Employer’s discretion. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure The Employee is not followedeligible for rehire until satisfactory evidence of rehabilitation is presented. 9) Gross insubordination of supervisory personnel by the Employee – dismissal, such expression of dissatisfaction shall not become a part of his/her record eligible for use against him/her at any time. This Clause shall apply in respect rehire. 10) Violent abuse of any expression person or willful destruction of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerproperty of others - dismissal of Employee, not eligible for rehire. 42.04 When employees are required 11) Theft of property from the project site or willful misrepresentation of records (i.e. tax documents, hiring forms, time sheets) for the purpose of the Employee’s financial gain - immediate dismissal of the Employee, not eligible for rehire. 12) Failure or refusal to attend a meeting where a disciplinary decision concerning them is adhere to basic plant rules and regulations including safety, sanitation, etc., subject to the condition that such rules shall be taken provided to the Union and the Employee by the Employer, or shall result on the first offence in a representative written warning to the Employee. Repetition of the Employer, offence up to one (1) week suspension of the employees are entitled to haveEmployee, at their requestthe Employer’s discretion, and a representative possible dismissal of the Union attend Employee, at the meetingEmployer’s discretion depending on the severity of the offence. 13) Any Employee who quits his/her employment with an Employer shall not be eligible for rehire by another Employer on the project until a period of thirty (a30) Employees calendar days has elapsed since the date he/she quit, except where rehire is mutually agreed by the Employer and the Union. The above offences shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access be subject to the Employer's premises in order to provide the required assistanceprovisions of Article 23-Grievance Procedure. 9.06 Use of cell phones/Blackberries/smartphones/etc. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have permitted by employees onsite, except as explicitly authorized by the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action . Violations of this article shall be taken based on subject to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels following disciplinary scheme: • First offence: warn the employee should in writing. Warning notice to be removed from hissigned by the employee’s Xxxxxxx, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) day suspension or dismissal as determined by the employer. This section shall not apply to stewards and foremen using cell phones in the course of their duties. Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (specify) Was the Union Xxxxxxx/her place Suitable Witness present during the discussion of employment, it shall be with pay.this incident? Yes No Name of Xxxxxxx: Warning Date: Time Off Duration: Discharge Date: I have read and understand this Discipline Notice. Employee’s Signature Date Supervisor’s Signature Date Xxxxxxx’x Signature Date Project Manager’s Signature Date

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended 10.1 The Employer reserves the right to discipline, suspend, or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons discharge Employees for the suspension or dismissaljust cause. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees 10.2 An Employee shall have the right to have a Shop Xxxxxxx present on all matters relating at a meeting called by the Employer for disciplinary purposes. Where circumstances require immediate imposition of discipline and a Xxxxxxx is not readily available every reasonable effort shall be made to employer/employee relationshave the President, or designate, of the Local present. If the Employee has requested representation and neither the Xxxxxxx, nor the President is immediately available, then the Employer shall advise the Union as soon thereafter as possible of the discipline imposed. 42.06 If, upon investigation10.3 An Employee shall be notified in writing of any disciplinary action. Unless specifically directed otherwise by the Employee, the Employer feels that disciplinary shall notify the Union of the action is necessarytaken within 48 hours of such decision unless otherwise directed by Section 27, such action shall be taken based on subsection (k) of the Collective Agreement. In situations where Freedom of Information and Protection of Privacy Act (Nova Scotia). 10.4 Whenever the Employer deems it necessary to discipline an Employee, in a manner indicating that dismissal may follow any further infraction, the Employer shall, within five (5) days thereafter, give written particulars of such incident to the Employee, with notice to the Union, unless otherwise directed by Section 27, subsection (k) of the Freedom of Information and Protection of Privacy Act (Nova Scotia). 10.5 Where it is unable to investigate determined, through the matter to its satisfactiongrievance process that an Employee has been unjustly disciplined, but feels suspended or discharged, the employee should Employer shall forthwith compensate the Employee for any amounts as agreed between the parties or as determined by arbitration, including where appropriate, reinstatement. If the grievance is sustained in full, all records held by the employer dealing with such discipline, suspension or discharge shall be removed from his/her place the Official Employment File and destroyed immediately upon receipt of employment, it the final decision. 10.6 Records of any discipline shall be with payremoved from the Employee's Official Employment File if, within the subsequent thirty (30) months of actual work, there have been no further incidents of the same or of a similar nature. When a record of discipline has been on an Employee’s File for more than twelve (12) months, the Employee may request the record to be removed from the Employee’s Official Employment File and the Employer may agree or not agree to such request.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 7.01 In the event the Company is considering the discipline of an Employee the Supervisor shall, prior to making a decision, discuss the situation with the Employee in the presence of the Shop Xxxxxxx or Union Representative to give the Employee the opportunity to be heard. 7.02 The Supervisor shall then further investigate the situation, if appropriate, after the Employee has been heard and render a decision, in writing, to the Employee, the Union Xxxxxxx, the Union Office, and Human Resources. 7.03 If the Supervisor feels that the Employee should leave the worksite immediately because of the nature of the incident, the Employee will be on suspension pending an investigation. 7.04 Should the Company consider that an Employee’s actions warrant dismissal, such Employee shall be dismissed. Any employee who is such action, with reasons, will be recorded, in writing, to the Employee, with copies to the Union Xxxxxxx, the Union Office, and Human Resources. 7.05 Employees serving probation as a result of discipline shall have such probation suspended or dismissed shall within five (5) for the equivalent time they are away from work for any reason other than assigned days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalrest. 42.02 All dismissals7.06 Should any disciplinary action be found not to be in accordance with the provisions of this Agreement, suspensions the Employee shall be promptly returned to former status in all respects and other shall be compensated for net loss of earnings suffered by reasons of such disciplinary action. 7.07 Employees, who are subject to discipline, shall be subject to formal grievance procedure as outlined accountable for their actions regardless of their participation in Article 12, if the employee so desiresEmployee and Family Assistance Program (EFAP). 42.03 The Employer shall notify an employee in writing 7.08 Corporate Personnel Files (i) Arrangements will be made for Employees to view the Corporate personnel file maintained under the Employee’s name by means of any dissatisfaction concerning his/her work within five (5) working days of a written request from the occurrence or discovery of the incident giving rise Employee to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingHuman Resources. (aii) Employees shall have Employee requests for the right, at removal of any time, detrimental document that has been on file for over a two (2) year period must be forwarded to have the assistance of a full-time representative(s) of Human Resources by the Union on all matters relating Office. Removal of such documents is subject to employer/employee relations. Union representatives shall have access to agreement between the Employer's premises in order to provide Company and the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldUnion. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 4.01 The Union recognizes that it is the exclusive right of the Employer or Employer representative, such as managers, superintendents, supercargoes and foremen, and/or the Association: 1. To maintain order, discipline and efficiency; 2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Employer; 3. To make or alter from time to time rules and regulations not inconsistent with the terms of this Agreement to be complied with by employees employed under this Agreement. This Section 4.01 shall be consistent with the terms of this Agreement. 4.02 An employee who is suspended ordered for work or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state ordered back to work who fails to do so at the reasons for time designated by the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall Employer will be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdischarge. 42.03 The Employer shall notify 4.03 When an employee in writing of any dissatisfaction concerning his/her work within five (5) working days is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the occurrence or discovery of the incident giving rise employees will continue to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with as directed by the Employer. 42.04 When employees are required 4.04 In any case where the employee is discharged for more than the remainder of the day, and the Employer or the Association desires to attend impose any further penalty, they must so notify the Union in writing within two (2) days (exclusive of Saturdays, Sundays or Recognized Holidays) following initial discharge of the employee. 4.05 In the case of a meeting where a disciplinary decision concerning them is to dispute involving an alleged unjust suspension or discharge of an employee, the matter shall be taken submitted in writing and dealt with by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, Employer and a representative of the Union attend the meetingUnion. (a) Employees shall have 4.06 Should these representatives fail to agree, the rightmatter may be processed through the Grievance Procedure under this Agreement. 4.07 The Association may, at any time, to have the assistance impose a penalty of suspension from all work or from certain work, a full-time representative(s) disciplinary layoff or outright dismissal. The decision of the Union on all matters relating to employer/employee relations. Union representatives shall have access Association will be communicated to the Employer's premises Union in order to provide writing together with the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not reason for any penalty which may be unreasonably withheldimposed. 4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (b3) Employees shall have days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the right Union of the decision of the Association or the penalty will be deemed to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsbe accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure. 42.06 If4.09 Any employee convicted of pilferage, upon investigationor of being in possession of pilfered goods contrary to The Canada Customs Act, will, at the sole discretion of the Employer feels that disciplinary action is necessary, such action shall or the Association be taken based on subject to an automatic suspension for the Collective Agreement. In situations where first offence and outright dismissal for the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paysecond offence.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any A. No bargaining unit member shall be disciplined, reduced in rank or compensation, suspended or demoted without just cause. Employee discipline shall be kept confidential to the extent permitted by law. All documented discipline will be presented to the employee in a confidential setting. B. The following system of progressive discipline will be followed: 1. verbal reprimand 2. written reprimand 3. suspension with or without pay (suspension with pay is not the same thing as paid administrative leave that may occur prior to discipline being given) 4. discharge If the misconduct is a major infraction steps in the progression of discipline may be skipped. Rules cannot be listed to cover every situation. The following are examples of major infractions (this is not an exhaustive list): a. making threats to administrators, other employees, students, or the public; b. fighting or provoking a fight; and/or c. endangering the health or safety of administrators, other employees, students, or the public. C. The bargaining unit member’s supervisor shall investigate the incident prior to beginning any disciplinary action. 1. A notice of a pre-disciplinary conference shall be given to the employee who is suspended subject to the pending suspension without pay or dismissed dismissal. The affected bargaining unit member may have an Association representative present at such conference. 2. The notice shall within five give the time, date and place of the scheduled conference and shall provide at least 24 hours’ notice. The conference will be postponed for no more than three (53) days at an employee’s request to enable the employee’s chosen Association representative to attend. D. An Association representative shall be permitted to attend the investigatory interview of such suspension or dismissala member whenever disciplinary action may be contemplated against the member. 1. At the conference, the bargaining unit member shall be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject opportunity to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning present his/her work within five (5) working days side of the occurrence or discovery case and respond to all of the incident giving rise allegations should he/she desire to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerdo so. 42.04 When employees are required to attend a meeting where a E. Any disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on appealable through the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paygrievance procedure.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 10.01 An employee who is suspended may only be disciplined or dismissed shall within five (5) days for just cause after an interview has been held in accordance with Article 10.02 It is understood that the Company has met its obligation to hold an interview by providing 24 hours’ notice of such suspension the interview to the employee or dismissal, be provided with written notification which shall state making reasonable effort to notify the reasons employee. In the event the employee does not appear for the suspension or dismissalinterview without a reasonable excuse, the Company shall be entitled to proceed with disciplinary action without an interview. In cases where the employee provides a reasonable excuse for his inability to attend the interview, the interview shall be rescheduled to be held on his return to work and time limits under Article 10.02 shall be waived. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify 10.02 Whenever an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken interviewed by the EmployerCompany with respect to his work or his conduct in accordance with Article 10.01, or a an accredited Union representative, selected by the employee, must be in attendance. In the event the accredited Union representative of selected by the Employer, employee is not available another accredited representative selected by the employees are entitled to have, at their request, a representative of employee will be substituted. Such interview and any subsequent interviews dealing with the Union attend incident must be held within 14 calendar days from the meeting. (a) Employees shall have date the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access incident became known to the Employer's premises in order to provide the required assistanceCompany, unless mutually agreed. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission Such agreement will not be unreasonably withheld. The employee to be interviewed shall be notified in writing, no less than 24 hours prior to the scheduled interview time. This notice shall include the reason the interview is being held, including the subject matter with applicable details, to be investigated. Whenever a written statement by a person employed by the Company is entered at the interview, the employee will have the right to request the presence of that person at the interview. The employee and his Union representative may ask appropriate questions to all parties at the interview. In matters concerning allegations of sexual harassment and/or workplace violence the person making the accusation will not be required to be present at the interview or answer questions. 10.03 Failure to comply with Article 10.02 shall render any conclusion null and void and any statements at such interview inadmissible at any subsequent proceedings. 10.04 An employee may be held out of service for a period of not more than four (b4) Employees working days for infractions of a serious nature. This practice is only to be utilized in cases of alleged infractions of a serious nature where it is in the best interest of the public, the Company, or fellow employees. This provision is not to be used as a form of discipline. In the event an employee is held out of service, the interview is to be held as soon as possible. Where no discipline has been awarded after the interview has taken place, all lost wages as a result of the employee being held out of service will be paid via a separate pay code or payroll deposit. 10.05 Any discipline or dismissal of an employee must be communicated in writing within 14 calendar days of the interview. A full and detailed explanation of any discipline given will be provided to both the Unit Chair and the employee. The time limits herein may be extended by mutual agreement. 10.06 During the interview the employee or his accredited representative shall have the right to have a Shop Xxxxxxx present on all matters relating read, review and ask questions concerning any documents, tapes or videos as they are presented by the Company and copies will be presented at that time. Copies of the interview notes will be provided to employer/the employee relationsand the Unit Chairperson within 4 working days of the interview. 42.06 10.07 If, upon investigationin the final decision, the Employer feels that disciplinary action is necessarycharges against an employee are not sustained, such action his record shall be taken based on cleared of the Collective Agreementcharges. In situations where If suspended, or dismissed, he shall be returned to his former position and reimbursed for wages lost, less any earnings derived from outside employment during the Employer is unable to investigate period so compensated. If the matter to its satisfactioninterview was away from home, but feels the employee should he shall be reimbursed for reasonable travel expenses upon presenting receipts. 10.08 All verbal and/or written warnings will be removed from his/her place a bargaining unit member’s file after a period of employmenttwenty-four (24) months has elapsed unless there is a repeat infraction within the twenty-four (24) month period, it shall in which case warnings would remain for an additional twenty-four (24) months. Suspensions older than twenty- four (24) months will not be with payused in progressive discipline. In calculating the said twenty-four (24) month period, absences by the bargaining unit member from work for vacation, paid bereavement leave and Union leave will be included.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee 20.1 No Employee who is suspended has completed his/her probationary period shall be disciplined or dismissed discharged except for just and reasonable cause. The foregoing shall within five not apply to temporary Employees who have worked less than six (56) days of such suspension or dismissal, months. A discharged temporary Employee who has worked less than six (6) months shall be provided with written notification which shall state the reasons deemed to have been discharged for the suspension or dismissaljust and reasonable cause. 42.02 All dismissals, suspensions and other disciplinary action, 20.2 An Employee shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee notified in writing of any written expression of dissatisfaction concerning his/her work within five ten (510) working days of the occurrence or discovery of the incident giving rise cause for dissatisfaction becoming known to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. his/her Supervisor If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record their disciplinary records for use against him/her at any time. This Clause Article shall apply in respect not prevent oral expressions of any dissatisfaction but such oral expressions must be reduced to writing within ten (10) working days before becoming part of an Employee's record. A copy of such written expression of dissatisfaction relating shall be provided to the Local Union President or his/her work designate within twenty four (24) hours of issuance to the Employee. 20.2.1 The term "written expression of dissatisfaction" shall mean any discipline which is reduced to writing, including written warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or otherwise which coaching and are not clearly identified as "written expressions of dissatisfaction" shall not form part of the Employee's disciplinary record. However, evidence of such communications may be detrimental introduced in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a grievor or the Union that an Employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to an employee's advancement establish the standard or standing with expectation of the EmployerCompany regarding the performance of the Employee or Employees generally. 42.04 When employees are required 20.3 The Employee's reply to attend a meeting where a disciplinary decision concerning them is such written expression of dissatisfaction, if received within five (5) working days after he/she has been given the notice referred to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who 10.01 Whenever a written work infraction is suspended issued, or dismissed shall within five (5) days of such whenever a recommendation is made for suspension or dismissaldischarge of any employee, be provided with written notification which shall state a copy of the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, work infraction report shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work delivered within five seven (57) working days of the occurrence or discovery of the incident occasion giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employerinfraction report, or a representative the date on which the Corporation becomes aware of the Employeroccasion, to the employees are entitled to have, at their request, a representative employee in the presence of the Union attend Xxxxxxx who shall also receive a copy of the meetingsaid report; provided however, that where the employee is not at work and it is not possible to deliver the infraction personally to him, such infraction report shall be sent to the employee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union Xxxxxxx. Seven (7) working days shall be defined as seven (7) business days of Human Resources. 10.02 In cases of suspension or discharge, the grievance procedure shall commence at the Chief Administrative Officer or designate level and any grievance shall be delivered within seven (a7) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) working days after delivery of the infraction report. At the hearing before the Chief Administrative Officer or designate in cases of discharge or suspension, the Corporation shall firstly present its arguments and evidence in support of its recommendation and the Union on all matters relating shall be privileged to employer/employee relationspresent its arguments and evidence in reply as it considers necessary. Union representatives shall have access to Thereafter the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission proceed in the same manner as any other grievance under Article 9. It is agreed that whenever a suspension is imposed it will not be unreasonably withheld. (b) Employees put into effect until the grievance procedure, as set out in Articles 9.01A and 9.01B is exhausted, provided that Management shall have the right at any time to have a Shop Xxxxxxx present on all matters relating to employer/remove any employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place job for reasons of employmentsafety to himself or others and/or to prevent damage to equipment. 10.03 In the case of discharge or suspension, it representatives of the Union and the individual if deemed necessary by the Union shall be have the opportunity of meeting with paythe Executive Director of Human Resources or designate to attempt to resolve the problem before going to grievance procedure at the Chief Administrative Officer or designate’s level. 10.04 In imposing discipline on a current charge, the Corporation shall not take into account any infraction which occurred more than thirty (30) months previously. 10.05 The Parties agree that the Department Head or designate has the right to suspend or discharge an employee, subject to the grievance process.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any Disciplinary action may only be taken for just cause and should reflect consideration of the severity of the offense or performance problem, previous performance problems or offenses of the same nature and of the time between occurrences, overall work record and treatment of other employees in similar circumstances. Prior to any disciplinary action as defined in Government Code Section 3303 against any regular employee who is suspended or dismissed pursuant to provisions of the Personnel Ordinance and Rules, the following procedure shall within five (5be complied with: Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the reason(s) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other proposed disciplinary action, the charge(s) being considered, the time periods in which the employee may respond, and shall be subject signed by the appointing authority. The employee shall be given an opportunity to formal grievance procedure as outlined in Article 12review the documents or materials upon which the proposed disciplinary action is based, and, if practical, he/she shall be supplied with a copy of the documents or materials. Within seven (7) calendar days after the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning hishas had the review opportunity provided above, he/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees she shall have the right to have a Shop Xxxxxxx present on all matters relating respond, orally or in writing, or both, at the employee's option, to employer/the appointing authority concerning the proposed action. Upon the request of the employee relations. 42.06 If, upon investigationor the appointing authority, the Employer feels that disciplinary action is necessaryPersonnel Officer may, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from at his/her place discretion, grant an extension of employmentsuch time period to facilitate fair administration of the disciplinary process. The failure of the employee to respond shall constitute the employee's waiver of the opportunity to respond. Notwithstanding the above, it a reasonable request for additional time within which to respond shall not be denied. If the employee does not agree with the decision reached by the Appointing Authority, the employee may request a hearing before the Personnel Officer within seven (7) calendar days. Within ten (10) calendar days of receipt of a written request for hearing, the Personnel Officer will schedule a date to hear the appeal of the appointing authority’s decision. The failure of the employee to appeal shall constitute the employee's waiver of the opportunity to appeal and the appointing authority decision will become final If the employee does not agree with the decision reached by the Personnel Officer, the employee may request a hearing before the Personnel Board within seven (7) calendar days. Appeals shall be in writing and filed with pay.the Personnel Officer, who shall, within seven (7) days after receipt of the appeal, inform each member of the Personnel Board and other such persons named or affected by the appeal of the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Board, explaining the matter appealed from and setting forth therein a statement of the action desiredby the appellant, with his/her reason thereof. The formality of a legal pleading is not required. Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten (10) days, nor more than thirty

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Discipline. 42.01 Documents related to disciplinary measures 22.01 Notice of disciplinary action which may have been placed on the file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period. 22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-existent. 22.03 The employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part. 22.04 Any disciplinary action is communicated to the concerned employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided in a written notice with written notification which shall state copy to the union. This disciplinary notice describes the disciplinary action and the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other explaining it. Only disciplinary action, shall be subject actions submitted in writing to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify and the union, in accordance with this Article, may be submitted as evidence during an employee arbitration and be placed in writing employee’s file. Except in the case of any dissatisfaction concerning his/her work within five a serious offence, a suspension only becomes effective after two (52) working days following receipt of the occurrence disciplinary action by the employee. 22.05 Where written departmental standards of discipline are developed or discovery amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute. 22.06 A written reprimand, a suspension or a dismissal are disciplinary measures that may be applied depending on the severity or the frequency of the incident giving rise alleged offence. The Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of proof. 22.07 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. Where practicable, the employee shall receive a minimum of two (2) working days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 22.08 When employees are an employee is required to attend a meeting where meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employerhim/her, the employees are employee is entitled to have, at their his/her request, a union representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigationWhere practicable, the Employer feels that disciplinary action is necessary, employee shall receive a minimum of two (2) days notice of such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to a meeting as well as its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paypurpose.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 11.01 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees employer shall have the right to have refuse to hire or dismiss from a Shop Xxxxxxx present on all matters relating position any person supplied by the Union or any employee, as the case may be, for which the employer has just cause. If after refusal to hire a person or dismissal of any employee, the employer cannot show just cause then the employer shall pay that person or employee for wages lost as a result of this refusal to hire or dismissal. “Just cause” in this agreement shall include, but not be limited to: a. Breach of any reasonable regulation from time to time made by the employer governing the duties and functions of the employees necessary for the conduct and management of the employer/employee relations’s business insofar as such rules and regulations do not conflict with the terms of this agreement. 42.06 If, upon investigation, b. Insubordination or failure to obey the Employer feels that disciplinary action is necessary, proper instructions of superiors. c. Unsatisfactory performance of duties. d. Intoxication or being under the influence of drugs or other substances which impair job performance. e. Criminal dishonesty which affects job performance. f. Any person or employee whom the employer has refused to hire or has dismissed pursuant to Article 11.01 shall make all reasonable effort to seek alternate employment or otherwise mitigate any losses which might otherwise flow from such action refusal to hire or dismissal. 11.02 No employee shall be taken based on the Collective Agreementdisciplined except for just cause. In situations where cases of discipline the Employer is unable burden of proof shall rest with the employer and all notices of discipline for just cause shall be in writing and copies given to investigate the matter to its satisfaction, but feels the employee should involved and to the Union within seven (7) days of the occurrence. Notwithstanding the rights of a supervisor to supervise, evaluate and discipline employees, an employee must be advised by the Union and employer that he/she has the right to request the attendance of a Union representative at any discussion between the employee and a supervisor which the employee believes may result in an adverse report or discipline recommendation. An employee may request at any time during a discussion that further discussion be postponed pending arrangements for a Union representative to be present. 11.03 An employee may review his personnel or payroll file at any mutually convenient time and may copy any documents therein. The employee may respond in writing to any document and such reply shall become part of his personal or payroll file for the life of the documents. No adverse work record may be relied upon if the employee has a clean record for three (3) years from the date of the last infraction. Letters of discipline shall be removed from his/her place the employee’s personnel file after five (5) years without further discipline. 11.04 An employee who fails to report for duty for one (1) day without informing the Employer of employment, it the reason for his absence shall be with paypresumed to have abandoned his position. An employee shall be afforded the opportunity to rebut such presumption and demonstrate that there were reasonable grounds for not informing the employer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five All candidates for Lieutenant and Captain promotions will start with fifteen (515) points towards the composite score for discipline, subtracted from that will be one (1) point for every eight (8) hours of suspension on record. If a candidate has over fifteen (15) days of such suspension, the candidate is not eligible for promotion until that suspension or dismissaltime drops off. Suspension time is considered time imposed, not just time served, and one (1) suspension day equals eight (8) hours. This process is for both Lieutenant and Captain promotions. Once the process is complete, a promotional eligible list will be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, established. Candidates shall be subject ranked by final composite scores from highest to formal grievance procedure as outlined lowest. Promotions shall occur in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days order of the occurrence promotional eligible list. In the event two (2) or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employermore candidates have identical final composite scores, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees Chief shall have the rightdiscretion to choose. To ensure that the selection of candidates for promotion has been based upon objective and documentable data, a monitoring of the selection process shall be required. The monitoring panel for the fire promotion procedures shall be comprised of: The Fire Chief or designee Local 92 President or designee (not involved in process) Human Resource Director/Commissioner or designee 2125.31 Layoff and Recall Procedure‌ When it becomes necessary, through lack of work or funds, to reduce the force in the Toledo Fire and Rescue Department, of Fire & Rescue Operations, the employee with the least Departmental Seniority shall be laid off first. A senior member within the same classification will be allowed to volunteer to take a layoff in the stead of a less senior member, if they so desire. When a position above the rank of Fire Private is abolished, then the person with least amount of service in the rank to be reduced shall be demoted first. Provided the employee affected has been permanently certified to the position, they shall then displace the employee in the next lower rank who has the least amount of service in that rank. This process shall continue to repeat itself until such time as the rank of Fire Private shall be reached, at which point the Fire Private with the least amount of continuous service in the Department shall be the one laid off. Should a position in the Department be recreated or reestablished or should a vacancy occur through any timecause within the term of this agreement consistent with Civil Service policy, then the employee with the most Departmental seniority in the Department among the employees laid off shall be entitled to have the assistance position providing they were at the date of their layoff a full-time representative(sregular and permanently certified employee at the rank in which such vacancy has occurred, or higher. The City shall notify Local 92 Thirty (30) days prior to the effective date of any layoffs. A notice shall include the names of the Union on all matters relating to employer/employee relationsmembers affected. Union representatives shall have access to 2125.32 Filling Vacancies in Promoted Ranks‌ Permanent Vacancies: Effective January 1, 1997 and thereafter through the Employer's premises in order to provide life of this contract, the required assistance. Employees involved in such discussion or investigation total number of grievance budgeted positions within salary groups 81 and 82 shall not absent themselves from be less than 120-123. All vacancies shall be filled within thirty (30) days provided there is an eligibility list available unless there has been a reduction in budgeted xxxxxxx levels which reduces the number of Fire Companies in service. In the event that there is no list available at the time the vacancy occurs, then the vacancy shall be filled within thirty (30) days after the list has been established. A promoted officer shall be in a promotional probationary period for forty-five (45) on-duty tours of duty, or for officers promoted to a position on a regular forty (40) hour work except with permission from schedule, one hundred twenty (120) days of actual work in their supervisor and such permission will not former rank during this period, they shall be unreasonably withheld. (b) Employees reinstated to their former rank. In the event the officer is found to be unsuited for the work of the new rank, they shall be afforded a hearing in the Chief’s office. The employee who has been reduced in rank shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsappeal the action of the Chief in reducing them through the third step of the Grievance Procedure. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 A. No employee shall be reduced in pay, suspended, or discharged except for just cause. B. Except in cases where the employee is found guilty of gross or serious misconduct, discipline will be applied in a corrective, progressive and uniform manner. C. Progressive discipline shall take into account the nature of the violation and the employee’s record of performance and conduct but shall not preclude more severe discipline appropriate to the misconduct, neglect, or violation of standards for law enforcement. D. Any employee employee, who is suspended or dismissed shall within five (5) days charged with violating Department Rules and Regulations that could result in the loss of such pay, will be provided access to transcripts, reports, records, lists, written statements, and tapes pertinent to the case. E. In cases where the Employer determines that a suspension or dismissaldischarge may result, be provided with written notification which shall state the reasons Employer agrees not to discharge or suspend an employee without first arranging for the a hearing. In cases where a suspension or dismissal. 42.02 All dismissalsdischarge is contemplated, suspensions and other disciplinary action, shall such notice will be subject given to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five forty-eight (548) working days of the occurrence or discovery of the incident giving rise hours, excluding weekends, prior to the complainthearing. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them hearing is to be taken by the Employer, or a representative of held between the Employer, the employees are entitled to haveemployee and the employee’s representatives. In cases where the employee is charged with any gross or serious misconduct, at their request, a representative the employee may be placed on leave from the active performance of regular duties without loss of pay until the Union attend pre-disciplinary hearing is held on these allegations. At the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigationhearing, the Employer feels and the employee(s) and/or their representatives may present any evidence or testimony of witnesses deemed necessary. The employee will remain on paid leave status until notified of the decision of the Employer. All hearing dates within this subsection “C” may be extended upon mutual written consent of both parties. F. The Employer may alter the work schedule of an employee in paid leave status so that disciplinary action is necessary, such action shall the employee receives no more than three (3) days of paid leave. G. Appeals from either discharge or suspension must be taken based on the Collective Agreement. In situations where submitted to the Employer is unable in the form of a grievance within seven (7) calendar days of written notification to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payor his Union xxxxxxx or representative.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any An initial step in the discipline process may be an investigation which may include an interview with the employee. Should such investigation result in a finding that discipline may be warranted, the following disciplinary procedure shall be followed. However, there may be circumstances that do not require an investigation. In such cases the following disciplinary procedure shall also be followed. A. The employee who shall be notified of the date and time that a pre-disciplinary hearing shall be held. Such notice shall be at least two school days in advance of the hearing date. Additionally the employee will be informed of the accusations made against him/her. B. During the hearing, the employee will receive an explanation of the accusations and findings, including evidence of misconduct or performance. The employee shall have the opportunity to respond. The employee is suspended or dismissed shall within five (5) days of such suspension or dismissalentitled to Association representation at the hearing. C. If the pre-disciplinary hearing results in discipline, be provided with written notification which shall state the reasons for the suspension or dismissaldiscipline shall be reduced in writing and given to the employee following the hearing. Preference will be to present such document directly to the employee. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 D. The Employer shall notify Board may discipline an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followedby issuing a written reprimand, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employertransfers, or a representative suspension with or without pay which shall be reduced to writing and placed in the employee’s personnel file. However, should there be a decision not to discipline an employee, no record of investigation or hearings shall be placed or noted in the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingemployee’s file. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/E. The employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have write a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action rebuttal which shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from placed in his/her place personnel file. F. The pre-disciplinary hearing shall precede the discipline as stated above except in extreme circumstances where removal from duties may need to precede such hearing. G. If the pre-disciplinary hearing results in administrative recommendation of termination of employment, it the affected employee shall be with payhave the rights afforded him/her under Section 9.3 or 9.5. H. As a form of disciplinary action, the Superintendent may issue a suspension without pay for up to ten (10) days. I. An employee may file a grievance for discipline involving a disciplinary transfer, demotion, or suspension. J. Nothing in this Article shall prevent the administrator/supervisor from issuing a verbal reprimand provided he/she gives the employee the opportunity to explain.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 35.01 Any employee who is suspended or dismissed shall be provided with written notification within five (5) days of such suspension or dismissal, be provided with written any oral notification which shall state the reasons for the suspension or dismissal. 42.02 35.02 All dismissals, suspensions and other disciplinary action, action shall be subject to formal grievance procedure as outlined in Article 128, if the employee so desires. 42.03 35.03 The Employer shall notify an employee in writing parties agree with the principle that employees should be made aware of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of their work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work that may affect their standing or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When , and that employees are required to attend a meeting where a disciplinary decision concerning them is to would not be taken by disciplined for anything that they were not informed or made aware of when the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingdissatisfaction was noted. (a) Employees In the event that an investigation is warranted, the Employer shall have make every reasonable effort to complete its investigation within fifteen (15) days. In the rightevent that more time is required the Employer may request an extension to these time limits from the union, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission request will not be unreasonably withhelddenied. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay. 35.05 Where the Employer notifies an employee in writing of any dissatisfaction concerning her work or otherwise, which may affect the employee's standing with the Employer, such notification shall be given within five (5) days of the occurrence or upon completion of an investigation of the event. If this procedure is not followed, such expression of dissatisfaction shall not become part of her record for use against her at any time. 35.06 When employees are required to attend a meeting where discipline is to be imposed, such employees are entitled to have, at their request, a representative of the Association in attendance. The Employer shall inform the employee of this right.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any employee who is suspended such discipline or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, discharge shall be subject to formal grievance procedure the Grievance or Appeals Procedure, as outlined applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in Article 12nature, if based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee so desiresof his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. 42.03 Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employer Employee may provide a written response, which shall notify be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an employee Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any dissatisfaction pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such hearing. The written notification of hearings shall include: 1) general information concerning histhe alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head. Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the occurrence suspension or discovery as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the incident giving rise progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the complaint. This notification grievance or appeal procedure shall include particulars of work performance which led be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Section 13.12 Employees shall be allowed to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part review and copy contents of his/her record for use against him/her at any timeHuman Resources personnel file under appropriate supervision and with reasonable advance notice. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work Stewards or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. other Union representatives shall have access also be allowed to review and copy the Employer's premises in order contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to provide defend, indemnify, and to hold the required assistance. Employees involved in such discussion or investigation Employer harmless for any legal proceeding arising from the disclosure of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldthese records. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action Section 13.13 It is necessary, such action agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be taken based on the Collective Agreement. In situations where the Employer is unable offered to investigate the matter to its satisfactionan Employee and, but feels the employee should be removed from his/her place of employmentif accepted by an Employee, it shall be with considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay., may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any 11.1 The parties that agree the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation’s right to conduct its business or rights of other employees. It is agreed the parties will deal promptly with matters of discipline. 11.1.1 Discipline is any action taken by the Corporation concerning an employee’s work or conduct, which may be detrimental to the employee’s position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. It is understood that all measures of discipline will be contained in the employee’s status and pay file. 11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed. 11.2.1 Prior to any discipline being imposed, the employee who is suspended or dismissed will be given notice in writing to attend a meeting. The Union shall within be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have a Union representative from the location attend. The unavailability of a Union representative will not delay the meeting for more than five (5) business days from the date of notification to the employee. A Union representative may attend any discipline hearing/meeting at their location. 11.2.2 At the meeting there shall be a full discussion between the employee, the employee’s supervisor and/or other designated management representative and the Union representative. 11.2.3 Following this meeting, any disciplinary action that is taken shall be communicated to the employee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of such suspension or dismissal, the discussion. A copy will be provided with written notification which shall state sent to the reasons for the suspension or dismissallocal Union representative. 42.02 All dismissals11.2.4 If the twenty (20) day time limit referenced above cannot be met, suspensions and other disciplinary action, shall it may be subject to formal grievance procedure as outlined in Article 12, if extended by a further ten (10) days provided the employee so desires. 42.03 The Employer shall notify an employee and the national office of the Union have been notified in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of reason for the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. delay and extension. 11.2.5 If this procedure is not followed, such expression of dissatisfaction discipline shall not become a part of his/her the employee’s record for use or be used against him/her at any time. 11.2.5.1 When any discipline is found to be unjustified all documents related to the imposition of discipline and action taken shall be removed from the employee’s record and destroyed. Furthermore, any and all records of the unjustified discipline shall not be used against the employee at any future time. 11.3 Management reserves the right to remove employees from the workplace with pay, pending a final decision, for serious misconduct or if the presence of the employee will cause or continue a disruption in the workplace. Such action shall not be considered discipline. 11.4 In cases of harassment, the Corporation’s policy on Harassment will be followed except when the incident is so serious that discipline would be an appropriate response. Under the Corporation’s Harassment Policy, discipline, if warranted, will not occur until an investigation and subsequent recommendations are complete or, if applicable, a review by the Senior Appeal Committee (as described in the Harassment Policy) is complete. 11.5 There shall be no dismissal of permanent/continuing employees who have completed their probationary period except for just and sufficient cause. The Corporation shall notify the Union of all dismissals. This Clause notice shall apply include the reasons for the employee's dismissal. 11.6 No dismissal of an employee, except in respect the case of gross misconduct, shall take place until the procedures outlined in this Article have been followed. 11.7 In addition to the employee’s rights under the Grievance Procedure, the employee has the right to reply in writing to any expression discipline imposed. The employee’s reply, if received within twenty (20) business days after he/she has been given notice of dissatisfaction relating to such discipline, shall become part of his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerrecord. 42.04 When employees are required 11.8 All documents referring to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees discipline shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from the employee’s status and pay file when the employee has completed two (2) years with no further infractions. 11.8.1 Upon written request, an employee may review his/her place status and pay file or other files consistent with federal privacy legislation in the presence of employment, it shall be with paya supervisor or designate.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any (a) The Company will give an employee who written notice of discharge, suspension or any other disciplinary action for just cause, stating the exact nature and details of the infraction. Copies of notices of discharge, suspension or any other documented disciplinary action will be provided to the Union immediately following the application of discipline. These notices and any disciplinary actions may be the subject of a grievance and processed in accordance with the Dispute Resolution Process of this agreement. (b) Where an employee is suspended required to meet with a representative of the Company for the purpose of applying discipline to the employee, the employee will be entitled to have a Union representative present during such meeting. The Company will so inform the employee prior to such meeting taking place, of their right to Union representation. However, should the Union representative be unavailable, the Company will not be prevented from taking disciplinary action. (c) An employee has a right to examine their Personnel file upon request. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and the reply will become part of their permanent record. (d) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the twenty-four (24) month period, the disciplinary notices will be removed from the employee’s Personnel file. The Union and the Company may mutually agree to increase or dismissed shall within decrease the period that past disciplinary notices are deemed void and removed from the employee’s Personnel file. (e) Suspensions of five (5) days of such suspension or dismissalmore, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissalsthat are not progressive in nature, suspensions and other disciplinary action, shall be are not subject to formal grievance procedure as outlined removal in Article 12, if accordance with Clause 4.02.(d). and will remain on the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days employee’s personnel file when they are imposed for one of the occurrence following reasons:  Workplace Violence;  Criminal Activity;  Personal/Psychological, Discriminatory or discovery Sexual harassment; and,  Inappropriate use of the incident giving rise to the complaint. This notification shall include particulars of work performance EPCOR Assets and Resources (including EPCOR’s name or brand, computers and electronic resources and intranet, internet and e-mail) (f) Where a supervisor documents an oral reprimand which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental was given to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative employee will be made aware of the Union attend the meetingsuch documentation. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall not be disciplined* or dismissed until after a fair and impartial hearing. Notice of such hearing, stating the known circumstances involved, shall be given to the employee in writing within ten (10) days of the date that knowledge of the alleged offense has been received by the Engineering Superintendent or the employee’s authorized representative. *Foremen will have the right, at any timewhen the circumstances dictate, to suspend an employee working under their jurisdiction, without a hearing. For the first offense, a xxxxxxx is limited to assessing a one (1) day suspension, for a second offense, a xxxxxxx can suspend an employee up to three (3) days and for the subsequent offenses, the xxxxxxx can suspend an employee up to five (5) days. If employees feel they have the assistance of been unjustly treated, they may request a full-time representative(shearing within ten (10) days of the Union on all matters relating to employer/employee relations. Union representatives shall have access to date the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldsuspension begins. (b) A hearing shall be held within ten (10) days from the date of the notice to the employee of the alleged offense by an officer of the carrier unless for good cause additional time is requested by the carrier, the employee’s representative, or the employee, provided the employee’s representative has knowledge thereof. (c) Employees charged and their representatives shall have the right to be present throughout the entire hearing. At the hearing, employees may be assisted by representatives of the Brotherhood, party hereto, who shall be permitted to examine and cross-examine all witnesses. Employees shall have the right to have present at their expense such witnesses as they desire. An employee shall have the right to waive formal hearing and accept discipline in writing (sample waiver form immediately following this rule) witnessed by a Shop Xxxxxxx present on all matters relating to employer/employee relationsunion representative. Suspension from service pending charges and hearing are permissible in major offenses. 42.06 If(d) If hearing is not held within the specified or agreed time limit, no action will be taken by the company on the charge. (e) A decision shall be rendered within twenty (20) days from date of hearing. (f) If transcripts of evidence taken at hearing are made, copies of the transcript and letter assessing discipline, if any, will be furnished local or general chairmen upon investigationrequest, provided the employees involved are disciplined. (g) Employees may be held out of service pending hearing and decision, and if discipline be assessed, the Employer feels that disciplinary action is necessary, such action period so held from service shall be taken based on deemed to be included in any disciplinary period thereafter involved. *Such hearing must be held within five (5) calendar days from the Collective Agreementdate removed from service, unless postponed as outlined in 33(b). *(Amended by Letter of June 25, 2009) (h) In situations where the Employer is unable to investigate the matter to its satisfactioncase of censure, but feels discipline or dismissal, the employee should be removed or the employee’s representative may appeal from his/her place the decision in accordance with the provisions of employment, it shall be with pay.Rule 34 -

Appears in 2 contracts

Samples: Working Agreement, Working Agreement

Discipline. 42.01 Any 17.01 When an employee who is suspended from duty or dismissed shall within five terminated in accordance with paragraph 12(1)(c), (5d) days or (e) of such suspension or dismissalthe Financial Administration Act, be provided with written notification which shall state the reasons for Employer undertakes to notify the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of the occurrence suspension or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employertermination. 42.04 17.02 When employees are an employee is required to attend a meeting where meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning them is to be taken by the Employer, him or a representative of the Employerher, the employees are employee is entitled to have, at their his or her request, a representative of the Union attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such a meeting. (a) Employees 17.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative enquiry, hearing or investigation being conducted, he or she may be accompanied by an employee representative. The unavailability of the representative will not delay the inquiry, hearing or investigation more than 17.04 The Employer shall have notify the right, at any time, to have the assistance of a full-time representative(s) local representative of the Union on all matters relating as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee. 17.05 When notification in writing is given to employer/an employee relations. Union representatives that he or she is the subject of a disciplinary investigation, the employee shall have be provided concurrently with a copy of the order convening the investigation. 17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview. 17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the Employer's premises in order to provide information used during the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withhelddisciplinary investigation. (b) Employees shall have the right 17.08 The Employer agrees not to have introduce as evidence in a Shop Xxxxxxx present on all matters hearing relating to employer/disciplinary action any document from the file of an employee relationsthe content of which the employee was not aware of at the time of filing or within a reasonable period thereafter. 42.06 If17.09 Any document or written statement related to disciplinary action, upon investigationwhich may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the Employer feels that disciplinary action is necessarywas taken, such provided that no further disciplinary action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payhas been recorded during this period.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any a) The Company may discipline an employee who for just cause and the employee shall be notified with reasons in writing. Copies of all disciplinary reports including the nature and details of the infraction (other than documentation related to coaching and counselling) and notices of discharge shall be forwarded to the Union prior to the discipline being applied. Should the employee or the Union be of the opinion that the discipline is suspended unjust, the discipline may be the subject of a grievance and processed in accordance with the grievance procedure. b) Where an employee is required to meet with a representative of the Company for the purpose of applying discipline to the employee, the employee will be entitled to have a Union representative present during the meeting. The Company shall inform the employee prior to the meeting taking place; however, should the Union representative be unavailable, the Company shall not be prevented from taking disciplinary action. c) An employee has a right to examine their Personnel File upon request, by requesting electronic access through their HR Representative. The Employee will be given a temporary link to view their electronic Personnel File. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and the reply will become part of their permanent record. d) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the twenty-four (24) month period, the disciplinary notices will be removed from the employee’s Personnel File. The Union and the Company may mutually agree to increase or dismissed shall within decrease the period that past disciplinary notices are deemed void and removed from the employee’s Personnel File. e) Suspensions of five (5) days or more, that are not progressive in nature, are not subject to removal in accordance with clause (d) and will remain on the employee’s file when they are imposed for one of such suspension the following reasons: • Workplace Violence; • Criminal Activity; • Personal/Psychological, Discriminatory or dismissalSexual Harassment; • Safety Violation; and • Inappropriate use of EPCOR Assets and Resources (including EPCOR’s name or brand, be provided with written notification which shall state the reasons for the suspension or dismissalcomputers and electronic resources and Intranet, Internet and email. 42.02 All dismissalsf) Where the Company has issued an employee a discipline report which is based upon or related to a previous documented coaching and counselling, suspensions and other disciplinary action, such documentation shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise attached to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record discipline report for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access informational purposes and subsequently forwarded to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldUnion. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any employee 17.01 For the purposes of this Article, discipline is defined as a written warning or more serious discipline. A copy of notices of discipline will be given to the Plant Chairperson. 17.02 A Union Representative will be present during all warnings regarding disciplinary actions and when an investigation is being conducted that will likely lead to disciplinary action. When an Employee is called to a disciplinary interview by a Supervisor or his/her designate, the Employee will be informed before the interview and his/her Union Representative will be present and the interview will not proceed until the Union Representative is present. 17.03 All notices of discipline will be removed from Employee records after eighteen (18) months have elapsed since the date of issue. An exception to the above will be any situation whereby the notice of discipline represents a re-occurrence of a similar nature within the eighteen (18) month period, in which case the prior notice will be retained in the records. 17.04 An Employee who is dismissed without notice, he/she will have the right to interview his/her Union Representative for a reasonable period of time before leaving the Plant. 17.05 If an Employee who believes that he/she has been suspended or dismissed shall discharged without just cause, the matter may be presented at Step 3 of the Grievance Procedure within five (5) days working day after written notice of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissaldischarge has been given. 42.02 All dismissals, suspensions 17.06 It is the Company’s intention that any necessary disciplinary action be taken in a timely manner and other to that end will make every reasonable effort to communicate disciplinary action, shall be subject action to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work concerned and the union within five (5) working days of the occurrence or discovery of the incident giving rise to the complaintit is considered null and void. This notification shall include particulars of work performance five day commitment will be in place unless there are extenuating circumstances which led make it difficult for the Company to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employercomply. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any employee who 9.01 Employees whose behaviour is suspended or dismissed shall within five (5) days detrimental to the efficient and safe conduct of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, Employer's business shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdisciplinary action. 42.03 9.02 The Employer procedure in disciplining an employee regardless of the amount of time on the project shall notify an be: (A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee's Foreperson and Job Xxxxxxx. Copy of warning notice mailed to the Union office. (B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week. (C) Any offence after suspension, employee may be terminated. (D) Any warnings or suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any dissatisfaction concerning his/her further warnings or suspensions. (E) The above warnings may not be applicable to the offences set out in Article 9.05 which call for dismissal of the Employee. 9.03 Employees discharged shall be advised by the Employer of the cause for dismissal. 9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement. 9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences: 1) All Employees must provide the Employee’s actual residence in a form satisfactory to the Employer. Any abuse or misrepresentation by the Employee in supplying this information may be subject to dismissal and the Employee may not be eligible for rehire. In addition, the Employer may receive address information from the Union. 2) Participation in an illegal strike or slow down may result in the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line. 3) Leaving the work within five site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be at the Employer’s discretion. 4) Absence from the work site for one (1) or two (2) days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (1) week suspension at the Employer’s discretion. After three (3) days absent without a call in or a valid excuse, the Employee will be considered to have quit their position. 5) working days Chronic absenteeism or tardiness or idleness - written warning to the Employee. Up to one (1) week suspension of the occurrence or discovery Employee upon repetition of this offence at the Employer’s discretion. 6) Upon the determination by an Employer that an Employee is incompetent and/or otherwise not qualified to perform work in a work-like manner in the trade for which the Employee has been hired, and according to the provisions of the incident giving rise Productivity Clause, Article 9A, and upon corroboration from the Labourer’s Xxxxxxx or supervision on site, the Employer shall without prejudice be entitled to terminate the Employee’s employment and refer them back to the complaintUnion subject to the provisions of Article 9A – Productivity Clause. 7) Reporting for duty in an inebriated or impaired condition – the Employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented. 8) Possession, use of, or trafficking in any intoxicant and/or non-medicinally prescribed narcotics or drugs while at the site - immediate dismissal of the Employee at the Employer’s discretion. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure The Employee is not followedeligible for rehire until satisfactory evidence of rehabilitation is presented. 9) Gross insubordination of supervisory personnel by the Employee – dismissal, such expression of dissatisfaction shall not become a part of his/her record eligible for use against him/her at any time. This Clause shall apply in respect rehire. 10) Violent abuse of any expression person or willful destruction of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerproperty of others - dismissal of Employee, not eligible for rehire. 42.04 When employees are required 11) Theft of property from the project site or willful misrepresentation of records (i.e. tax documents, hiring forms, time sheets) for the purpose of the Employee’s financial gain - immediate dismissal of the Employee, not eligible for rehire. 12) Failure or refusal to attend a meeting where a disciplinary decision concerning them is adhere to basic plant rules and regulations including safety, sanitation, etc., subject to the condition that such rules shall be taken provided to the Union and the Employee by the Employer, or shall result on the first offence in a representative written warning to the Employee. Repetition of the Employer, offence up to one (1) week suspension of the employees are entitled to haveEmployee, at their requestthe Employer’s discretion, and a representative possible dismissal of the Union attend Employee, at the meetingEmployer’s discretion depending on the severity of the offence. 13) Any Employee who quits their employment with an Employer shall not be eligible for rehire by another Employer on the project until a period of thirty (a30) Employees calendar days has elapsed since the date they quit, except where rehire is mutually agreed by the Employer and the Union. The above offences shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access be subject to the Employer's premises in order to provide the required assistanceprovisions of Article 23-Grievance Procedure. 9.06 Use of cell phones/Blackberries/smartphones/etc. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have permitted by employees onsite, except as explicitly authorized by the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action . Violations of this article shall be taken based on subject to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels following disciplinary scheme: • First offence: warn the employee should in writing. Warning notice to be removed from hissigned by the employee’s Foreperson, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) day suspension or dismissal as determined by the employer. This section shall not apply to stewards and forepersons using cell phones in the course of their duties. Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (specify) Was the Union Xxxxxxx/her place Suitable Witness present during the discussion of employment, it shall be with pay.this incident? Yes No Name of Xxxxxxx: Warning Date: Time Off Duration: Discharge Date: I have read and understand this Discipline Notice. Employee’s Signature Date Supervisor’s Signature Date Xxxxxxx’x Signature Date Project Manager’s Signature Date

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any 4.01 The Union recognizes that it is the exclusive right of the Employer or Employer representative, such as managers, superintendents, supercargoes and foremen, and/or the Association: 1. To maintain order, discipline and efficiency; 2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to theEmployer; 3. To make or alter from time to timerules and regulations not inconsistent with the terms of this Agreement to be complied with by employees employed under this Agreement. This Section 4.01 shall be consistent with the terms of this Agreement. 4.02 An employee who is suspended ordered for work or dismissed shall within five (5) days of such suspension or dismissal, ordered back to work who fails to do so at the time designated by the Employer will be provided with written notification which shall state the reasons for the suspension or dismissalsubject todischarge. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify 4.03 When an employee in writing of any dissatisfaction concerning his/her work within five (5) working days is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the occurrence or discovery of the incident giving rise employees will continue to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with as directed by the Employer. 42.04 When employees are required 4.04 In any case where the employee is discharged for more than the remainder of the day, and the Employer or the Association desires to attend impose anyfurther penalty, theymust so notify the Union in writing within two (2) days (exclusive of Saturdays, Sundays or Recognized Holidays) following initial discharge of the employee. 4.05 In the case of a meeting where a disciplinary decision concerning them is to dispute involving an alleged unjust suspension or discharge of an employee, the matter shall be taken by submitted in writing and dealt with bya representative of the Employer, or Employer and a representative of the EmployerUnion. 4.06 Should these representatives fail to agree, the employees are entitled to have, at their request, a representative of matter may be processed through the Union attend the meetingGrievance Procedure under this Agreement. (a) Employees shall have the right4.07 The Association may, at any time, to have the assistance impose a penalty of suspension from all work or from certain work, a full-time representative(s) disciplinary layoff or outright dismissal. The decision of the Union on all matters relating to employer/employee relations. Union representatives shall have access Association will be communicated to the Employer's premises Union in order to provide writing together with the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not reason for any penalty which may be unreasonably withheldimposed. 4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (b3) Employees shall have days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the right Union of the decision of the Association or the penalty will be deemed to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsbe accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any Section 30.1 In the event that an employee who is suspended or dismissed shall within five (5) days to be disciplined for behavior which is of such suspension nature as to call for removal or dismissalsuspension, a pre-disciplinary conference between the employee and the Sheriff will be arranged. This conference will take place no earlier than forty- eight (48) hours from the time the employee is notified. If the employee desires the presence of a Labor Council Staff Representative and/or Labor Council Associate at the conference, the employee shall notify the grievance representative and sufficient time shall be granted to allow for appropriate representation. When the nature of the offense is such that immediate disciplinary action is required the Employer is not prohibited from taking immediate action by this provision. Prior to a pre-disciplinary conference the employee shall be provided with a written statement outlining the nature of the violations and charges. The purpose of the notification which shall state be to give the reasons for employee notice of the suspension charges and allow the opportunity to respond. The notice of pre-disciplinary conference shall also contain the date, time, and place of the pre-disciplinary conference. The employee or dismissalOLC representative may waive the right to a pre-disciplinary conference. 42.02 All dismissals, suspensions and other disciplinary action, Section 30.2 Any investigatory questioning regarding charges of employee misconduct shall be subject to formal grievance procedure as outlined in Article 12, if made under the following conditions: 1. The questioning shall take place at the Sheriff’s Office or other mutually agreeable site. 2. The employee shall be informed of the nature of the investigation before any questioning commences. If the employee is being questioned as a witness only, the employee shall be so desiresadvised prior to the commencement of the questioning. 42.03 The Employer 3. All questioning shall notify be undertaken in a proper and businesslike manner. 4. If an employee in writing is the subject of a criminal investigation the employee shall be so advised and afforded the same constitutional rights to which any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification other individuals are entitled and shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part be specifically advised of his/her record for use against him/her at any timeXxxxxxx rights. Section 30.3 The tenure of every Bargaining Unit employee of the Sheriff’s Office shall continue with good behavior and efficient service. This Clause No employee shall apply be reduced in respect of any expression of dissatisfaction relating to his/her work pay, suspended, discharged, removed or otherwise disciplined except for just cause. Forms of disciplinary action will normally be progressive and may include: A) Verbal reprimand or counseling; B) Written reprimands; C) Suspension without pay; D) Reduction in classification-demotion (which may include suspension); and/or E) Discharge from employment. In determining the penalty, the Sheriff shall take into account the nature of the violation. The employee’s record of discipline and the employee’s record of performance and conduct may be detrimental considered but shall not control the right of the Sheriff to an employee's advancement or standing with impose the Employerappropriate penalty including the maximum penalty for any offense. 42.04 When employees are required to attend Section 30.4 Any order for a meeting where a disciplinary decision concerning them is to polygraph or similar exam shall be taken in writing and signed by the Employer, or a representative Sheriff. Section 30.5 Investigations concerning complaints not involving criminal activity shall be started within one hundred twenty (120) days of the Employer, time the employees are entitled to have, at their request, a representative Sheriff became aware or reasonably should have become aware of the Union attend alleged offense. Notification that an investigation is being conducted shall be given to the meeting. bargaining unit member within thirty (a30) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) days of the Union on all matters relating to employer/employee relations. Union representatives shall have access to start of the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldinvestigation. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days 9.01 For offenses other than intoxication, insubordination, theft, false reporting of such suspension or dismissaltime, be provided with written notification physical altercation and illegal work stoppage, which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance immediate dismissal, the procedure as outlined in Article 12shall be: (i) First Warning Written reprimand to be issued to the employee, if with a copy to the employee so desiresUnion, by the employer's representative. 42.03 The Employer shall notify an employee in writing (ii) Second Warning Written Notice of any dissatisfaction concerning his/her Suspension from work within for up to five (5) working days days, to be issued to the employee, with copy to the Union, by the employer's representative. The length of suspension to be at the sole discretion of management. (iii) Third Warning Immediate Dismissal. 9.02 The procedure in disciplining an employee regardless of the occurrence or discovery amount of time on the project shall be: (A) Warn the employee, in writing, of the incident giving rise offence. Warning notice to be signed by the employee’s Xxxxxxx and Job Xxxxxxx. Copy of warning notice mailed to the complaintUnion office. (B) Second warning calls for a suspension. This The length of the suspension to be at Management’s discretion but not to exceed one (1) week. (C) The above warnings may not be applicable to the offences set out in Article 9.05 which calls for dismissal of the employee. 9.03 Employees discharged shall be advised by the employer of the cause of dismissal. 9.04 The employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement. 9.05 Employees may be disciplined by the employer for, but not limited to, the following listed offences: (1) All employees must provide the employee’s actual residence in a form satisfactory to the employer. Any abuse or misrepresentation by the employee in supplying this information may be subject to dismissal and the employee may not be eligible for rehire. In addition, the employer may receive address information from the Union. (2) Participation in an illegal strikes by their own trade or slow down may result in the dismissal of the employee at the employer’s discretion. The employee shall not be eligible for rehire. The employee shall not be forced to cross a picket line. (3) Leaving the work site by an employee during the working hours without notification to the employer shall include particulars result in a written warning to the employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the employee may result in the employee’s dismissal; rehire of the employee shall be at the employer discretion. (4) Absence from the work performance site for one (1) or two (2) days without call in by the employee or a valid excuse – written warning. Repetition of this offence shall result in up to a one week suspension at the employer’s discretion. (5) Chronic absenteeism or tardiness or idleness – written to the employee. Up to one (1) week suspension of the employee upon repetition of this offence at the employer’s discretion. (6) Upon the determination by (an employer) that an employee is incompetent and/or otherwise not qualified to perform work in a work-like manner in the trade for which led the employee has been hired and upon corroboration from the Xxxxxxx and Supervision on site, the employer shall without prejudice be entitled to such dissatisfactionterminate the employee’s employment and refer him back to the union. (7) Reporting for duty in an inebriated or impaired condition – the employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented. (8) Possession, use of, or trafficking in any intoxicants and/or non-medically prescribe narcotics or drugs while at the site – immediate dismissal of the employee at the employer’s discretion. If this procedure The employee is not followedeligible for rehire until satisfactory evidence of rehabilitation is presented. (9) Gross unprovoked insubordination of supervisory personnel by the employee – dismissal, not eligible for rehire. (10) Violent abuse of any person or wilful destruction of property of others - dismissal of employee, not eligible for rehire. (11) Theft of property from the project site or wilful misrepresentation of records for the purpose of the employee’s financial gain - immediate dismissal of the employee, not eligible for rehire. (12) Failure or refusal to adhere to basic plant rules and regulations including safety, sanitation, etc., subject to the condition that such expression rules shall be provided to the Union and the employee by the employer, shall result on the first offence in a written warning to the employee. Repetition of dissatisfaction the offence up to one (1) week suspension of the employee, at the employer’s discretion, and a possible dismissal of the employee, at the employer’s discretion depending on the severity of the offence. (13) In cases where site specific safety rules exist, they shall not become a be treated as part of this Article, subject to the condition that such rules shall be provided to the Union and the employee by the employer. (14) Any employee who quits his/her record employment with an employer shall not be eligible for use against him/her at any timerehire by another employer on the project until a period of thirty (30) calendar days has elapsed since the date he quit, except where rehire is mutually agreed by the employer and the Union. This Clause The above offences shall apply in respect be subject to the provisions of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the EmployerArticle 28 Grievance and Arbitration. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative 9.06 Use of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employercell phones/employee relationsBlackberries/smartphones/etc. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have permitted by employees onsite, except as explicitly authorized by the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action . Violations of this article shall be taken based on subject to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels following disciplinary scheme: • First offence: warn the employee should in writing. Warning notice to be removed from his/her place signed by the employee’s Xxxxxxx, copy of employment, it warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) day suspension or dismissal as determined by the employer. This section shall be with paynot apply to stewards and foremen using cell phones in the course of their duties.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

Discipline. 42.01 1. Occurrences will be tracked over a Rolling Year, 2. Discipline will occur for Major Occurrences as follows: a. On the 1st Major Occurrence, the employee’s Department Manager will counsel and, in person orally warn the employee of the consequence of failing to abide by attendance and tardiness policy, and offer coaching and counseling to correct the issue, b. On the 2nd Major Occurrence, the Department Manager will counsel and warn the employee in person of the consequence of failing to abide by attendance and tardiness policy. A written warning will be issued at this time, c. On the 3rd Major Occurrence, a 3-day suspension without pay will be imposed, d. On the 4th Major Occurrence, the employee will be terminated. 3. Any employee who is suspended Major Occurrence which results in breach of patient care standards, endangers a patient or dismissed shall within five (5) days another employee, or results in serious damage, injury or loss to the hospital will, regardless of such suspension or dismissalprior history, be provided with written notification which shall state the reasons for the suspension or dismissaltreated as 3rd occurrence, and any subsequent occurrence within a Rolling Year thereafter will result in termination. 42.02 All dismissals4. Aggravated No Call/No Show discipline: a. On the first incident of aggravated no call/no show, suspensions the CNO will meet with the employee, review the facts of the incident and other disciplinary actionconsider the employee’s explanation, if any, and impose discipline which may consist of a written warning or a three (3) day unpaid suspension. b. On the second incident of an aggravated no call/no show, the employee may be discharged, subject to the CNO’s right to impose lesser discipline upon consideration of the employee’s demonstration of mitigating circumstances. c. Employees shall be entitled to union representation, if requested, at any meeting regarding aggravated no call/no show, and any discipline resulting from an aggravated no call/no show shall be subject to formal grievance procedure as outlined in Article 12procedures, if beginning at step 2 of the employee so desiresgrievance procedure. 42.03 5. Discipline will occur for Minor Occurrences as follows: a. On the 3rd occurrence — the Department Manager, or her/his designee, will discuss the attendance and tardiness policy and Discipline Procedure, including the progressive steps of discipline if additional Occurrences occur. The Employer shall notify employer will offer coaching and counseling to correct the tardiness issues. This will be an Oral Warning notice that the disciplinary procedure has begun. b. On the 4th occurrence — Written Warning. c. On the 5th occurrence — Final Written warning. d. On the 6th occurrence — 3 day suspension without pay. e. On the 7th occurrence — Termination. 6. In the event an employee in writing of any dissatisfaction concerning his/her work within five is absent for three (53) working consecutive days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followedmore without notice or prior approval, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any timeabsence is viewed as job abandonment. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the EmployerThe employee is then separated from employment as having voluntarily quit. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Nurses Collective Bargaining Agreement

Discipline. 42.01 Any employee SECTION 1 The Employer will attempt to discipline Employees in such a manner as not to embarrass the Employee before the public or other Employees. It must be kept in mind that where insubordination or flouting of authority by and Employee in public or in the presence of other Employees takes place, the Employer shall not be restricted by this section. SECTION 1- A An Employee who is suspended suspended, demoted or dismissed discharged shall be given a written notice stating the reason for the disciplinary action within five (5) days thereafter. In case of such suspension or dismissaldischarge, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, Employee shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning hisadvised that he/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have she has the right to have a Shop Xxxxxxx Union Representative present on all matters relating and if this request is made, the Employee shall be given the opportunity to employer/employee relationshave an interview with the Union Representative before required to leave the premises. 42.06 IfSECTION 2 All disciplinary actions are subject to the grievance procedure provided in Article XXXIII of this Agreement. Suspensions will be held in abeyance until the third step of the grievance procedure, upon investigationunless the action is a breach of security and safety to the institution. SECTION 3 “The Code of Ethics” will be incorporated into this Agreement after the Union is given the opportunity to review it. A sufficient amount of time will be given to the Union in order to select a review board to review the “Code”. Within ninety (90) days after the issuance of the Arbitration Award, a Committee comprised of two (2) representatives of the Employer and two (2) representatives of the bargaining unit shall meet and discuss the limited subject as to whether, with respect to this bargaining unit, the Employer feels that disciplinary action is necessaryCode of Ethics should be revised to add a written warning to Second Level Offenses and a verbal warning to Third Level Offenses, such action and to change the Third Level expungement period to one year. An agreement between the parties shall be taken based occur if and only if both parties fully agree on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactionissue, but feels the employee should be removed from his/her place of employmentand then memorialize their agreement in writing, it shall be with paysigned and dated by both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days 8.1. In the event of such a suspension or dismissaldischarge, be provided the Employee may file a grievance and have it processed in accordance with written notification which shall state the reasons for the suspension or dismissalGrievance Procedure. 42.02 All dismissals8.2. In the event of any reprimand of record to any Employee covered by this Agreement, suspensions and other disciplinary action, the Employee involved shall be subject given a copy of the reprimand as well as a copy of any documents which are placed in any file maintained by the DISTRICT for personnel or other purposes, and shall be given an opportunity to formal grievance procedure as outlined present a written statement of position to the DISTRICT and to have same placed in Article 12, if the employee so desiresEmployee’s personnel file. 42.03 The Employer 8.3. From the effective date of the Agreement, no entries subsequent to employment pertaining to job performance shall notify be placed in an employee in writing of any dissatisfaction concerning Employee’s file without his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of knowledge and his/her record for use against him/her at any timeright of reply. This Clause When an Employee exercises their right of reply, the reply shall apply be placed in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the EmployerEmployee’s file. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations8.4. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsof UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement8.5. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from An Employee not performing his/her place of employment, it duties satisfactorily shall be notified by the DISTRICT of the reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and may have a UNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee shall be confronted or disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and corrective discipline shall include: A. Documented verbal warning(s) or reprimand(s) with copies of the documentation given to the Employee and placed in the Employee’s personnel file; B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s personnel file; and C. Suspension with or without pay. A higher level of discipline including termination may be imposed for serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days 11.01 Except in circumstances requiring the imposition of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employerimmediate discipline, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees Employee shall have the right to consult with a Designated Union Representative and to have a Shop Xxxxxxx them present on all matters in any interview with supervisory personnel relating to employer/employee relationsa proposed disciplinary action provided that no unreasonable delay is occasioned thereby. In normal circumstances, the Supervisor of the affected Employee shall provide the Employee and the Union at least twenty-four (24) hours advance notice of the time, date, and location of the interview. 42.06 Ifa) A grievance by an Employee who has completed the probationary period alleging that they have been discharged or suspended without just cause shall be commenced at Step 2 of the grievance procedure. b) A grievance by an Employee who has not completed the probationary period, upon investigationalleging that they have been discharged or suspended without just cause shall be commenced at Step 2 of the grievance procedure and should such grievance proceed to arbitration, the Employer feels parties acknowledge that a lesser standard of just cause shall be applicable than would apply to the discharge or suspension of an Employee who has completed the probationary period. 11.03 The record of a disciplinary action is necessary, such action against an Employee shall be taken based remain on the Collective AgreementEmployee’s personnel file for a period of fifteen (15) months from the date of its filing. In situations where Providing there has been no further disciplinary action with respect to that Employee within that period of time: a) their record shall not be used against them in any employment related matter; b) upon written request from the Employer is unable to investigate Employee, provided it meets the matter to its satisfactionconditions of the collective agreement, but feels the employee should this record of a disciplinary action will be removed from his/her place of employment, it shall be with paythe Employee’s personnel file. 11.04 If a permanent employee is removed from the workplace due to an allegation of

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 42.01 Any An initial step in the discipline process may be an investigation which may include an interview with the employee. Should such investigation result in a finding that discipline may be warranted, the following disciplinary procedure shall be followed. However, there may be circumstances that do not require an investigation. In such cases the following disciplinary procedure shall also be followed. A. The employee who shall be notified of the date and time that a pre-disciplinary hearing shall be held. Such notice shall be at least one school day in advance of the hearing date. Additionally, the employee will be informed of the accusations made against him/her. B. During the hearing, the employee will receive an explanation of the accusations and findings, including evidence of misconduct or performance. The employee shall have the opportunity to respond. The employee is suspended or dismissed shall within five (5) days of such suspension or dismissalentitled to Association representation at the hearing. C. If the pre-disciplinary hearing results in discipline, be provided with written notification which shall state the reasons for the suspension or dismissaldiscipline shall be reduced in writing and given to the employee following the hearing. Preference will be to present such document directly to the employee. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 D. The Employer shall notify Board may discipline an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followedby issuing a written reprimand, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employertransfers, or a representative suspension with or without pay which shall be reduced to writing and placed in the employee’s personnel file. However, should there be a decision not to discipline an employee, no record of investigation or hearings shall be placed or noted in the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingemployee’s file. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/E. The employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have write a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action rebuttal which shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from placed in his/her place personnel file. F. The pre-disciplinary hearing shall precede the discipline as stated above except in extreme circumstances where removal from duties may need to precede such hearing. G. If the pre-disciplinary hearing results in administrative recommendation of termination of employment, it the affected employee shall be with payhave the rights afforded him/her under Section 9.3 or 9.5. H. As a form of disciplinary action, the Superintendent may issue a suspension without pay for up to ten (10) days. I. An employee may file a grievance for discipline involving a disciplinary transfer, demotion, or suspension. J. Nothing in this Article shall prevent the administrator/supervisor from issuing a verbal reprimand provided he/she gives the employee the opportunity to explain.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state 19.1 Subject to the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined rights granted in Article 123 (Management Rights) of this Agreement, if the employee so desires. 42.03 The Employer Company shall notify not discipline an employee without just cause and without a fair and impartial hearing as set out in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaintthis Article. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which An employee may be detrimental to held out of service with pay pending an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance investigation for alleged violations of a full-serious nature. Both parties will endeavour to proceed with such cases in an expedited manner. When a request for an extension in the time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission limit is made, concurrence will not be unreasonably withheld. 19.2 Prior to a fair and impartial hearing, the parties may agree to arrange for an informal conference to discuss the alleged offence. Such informal conference may be either in person or by telephone. If such informal conference results in a resolution agreeable to both parties, the resolution will be reduced to writing in the form of a waiver, and no further action will be taken. 19.3 The employee’s supervisor or his delegate shall conduct the hearing in an informal manner. Any discipline assessed shall be issued within fifteen (b15) Employees calendar days from the date of the informal investigation. The Union shall have notify the Company, in writing, within fifteen (15) calendar days if in disagreement of the discipline assessed. Within fifteen (15) calendar days of the notice of such disagreement the following shall apply: A. The Company shall notify the employee in writing of the incident(s) for which discipline is or may be imposed. The notice shall concisely describe the nature of the incident(s), giving the time, date, and place of the occurrence of the incident(s), noting the date and time of the formal hearing, and informing the employee that he has the right to have a Shop Xxxxxxx present on all matters relating Union representation and to employer/employee relationsbring witnesses. 42.06 If, upon B. The hearing will be scheduled within fifteen (15) days of the date of notice and shall be presided over by an officer of the Company. Employees shall be entitled to have an accredited Local Union Representative to appear with them at investigations. C. The Company 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 the Company with a list of witnesses he intends to call at the hearing forty-eight (48) hours in advance of the hearing. These limitations may only be changed by the mutual agreement between the Union and the Company or if either side is prejudiced by such restrictions as it relates to the investigation. 19.4 A decision will be rendered in no longer than fifteen (15) days after the hearing. Such decision shall be in writing and served on the operating employee and the Union representative or his delegate. This time limitation may only be changed by mutual agreement between the Union and the Company. Once a decision has been rendered, the Employer feels that disciplinary action is necessary, such action shall be taken based on Company may implement the Collective Agreement. In situations where decision. 19.5 If the Employer is unable to investigate Union disagrees with the matter to its satisfaction, but feels the employee should be removed from his/her place of employmentdecision rendered, it shall may progress a grievance at the Step 2 level of the Grievance and Arbitration procedure in article 20. This time limitation may only be with paychanged by mutual agreement between the Union and the Company.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 4.01 The Union recognizes that it is the exclusive right of the Employer or Employer representative, such as managers, superintendents, supercargoes and foreperson, and/or the Association: 1. To maintain order, discipline and efficiency; 2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Employer; 3. To make or alter from time to time rules and regulations not inconsistent with the terms of this Agreement to be complied with by employees employed under this Agreement. This Section 4.01 shall be consistent with the terms of this Agreement. 4.02 An employee who is suspended ordered for work or dismissed shall within five (5) days of such suspension or dismissal, ordered back to work who fails to do so at the time designated by the Employer will be provided with written notification which shall state the reasons for the suspension or dismissalsubject todischarge. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify 4.03 When an employee in writing of any dissatisfaction concerning his/her work within five (5) working days is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the occurrence or discovery of the incident giving rise employees will continue to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with as directed by the Employer. 42.04 When employees are required 4.04 In any case where the employee is discharged for more than the remainder of the day, and the Employer or the Associationdesires to attend imposeanyfurtherpenalty, theymust so notify the Union in writing within two (2) days(exclusive of Saturdays, Sundays or Recognized Holidays) following initial discharge of the employee. 4.05 In the case of a meeting where dispute involving an alleged unjust suspension or discharge of an employee, the matter shall be submitted in writing anddealtwith by a disciplinary decision concerning them is to be taken by the Employer, or representativeofthe Employer and a representative of the EmployerUnion. 4.06 Should these representatives fail to agree, the employees are entitled to have, at their request, a representative of matter may be processed through the Union attend the meetingGrievance Procedureunder this Agreement. (a) Employees shall have the right4.07 The Association may, at any time, to have the assistance impose a penalty of suspension from all work or from certain work, a full-time representative(s) disciplinarylayofforoutright dismissal. Thedecision of the Union on all matters relating to employer/employee relations. Union representatives shall have access Association will be communicated to the Employer's premises Union in order to provide writing together with the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not reason for any penalty which may be unreasonably withheldimposed. 4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (b3) Employees shall have days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the right Union of the decision of the Association or the penalty will be deemed to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsbe accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary Section 1 Disciplinary action, up to and including discharge, against any employee shall not be arbitrary, and shall be subject to formal grievance procedure as outlined in Article 12, if for just and sufficient cause. The employer shall notify the employee so desires. 42.03 The Employer shall notify an employee and the Union in writing of any dissatisfaction concerning his/her work within five such disciplinary action in a timely manner after initiating such action. The notice of action shall specifically state the reason (5s) working days of for the occurrence or discovery of action. Section 2 Employees may appeal the incident giving rise disciplinary actions, up to and including discharge, through the complaintGrievance Procedure. This notification Such grievances shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction be given priority by the Town and the Union over all other grievances between the Town and the bargaining unit. Section 3 Warning notices shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to removed from an employee's advancement personnel file if no additional warning notices or standing with further discipline has been issued to the Employeremployee concerning the matter in next twelve (12) months following the first notice. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by Section 4 Employees shall appeal letters of warning starting at the Employer, or a representative first step of the Employergrievance procedure. Suspensions shall be appealed starting at the second step of the grievance procedure. Terminations shall be appealed at the third step of the grievance procedure. Section 5 In the event any unscheduled or scheduled meeting that may lead to disciplinary action is held between an employee and a supervisor, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees employee shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx Union representative present on all matters relating at such meeting. This shall not apply in those instances when a supervisor conducts a routine performance appraisal or non-disciplinary discussion with the employee concerning the employee's work performance. At no time shall the employee be required to employer/employee relationssign a written statement critical of his work performance or conduct without the employee's consent, or without the opportunity to have a Union representative present. 42.06 IfSection 6 Normally, all disciplinary action will be progressive in nature, in that employees will first be warned verbally by a Supervisor of any problem, filed-warned in writing, then suspended (if required), and then terminated (if required). Bargaining unit employees will be given the opportunity, in a timely manner, upon investigationthe employee's request, to review their personnel file. The Town can dismiss any employee without notice for gross misconduct, i.e. theft, alcohol intoxication, illicit use of drugs or physical abuse. Employees may request a hearing with the Employer feels that disciplinary appointing authority within forty-eight (48) hours or two working days, to appeal any dismissal action is necessaryunder this section. Employees may appeal a dismissal under this section in accordance with the grievance procedure, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payArticle 17.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the rightAn employee, at any timewho has completed their probationary period, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withhelddisciplined or discharged without an investigation. (b) Employees When required to attend an investigation, an employee will be given at least 2 days notice in writing. The notice will include the date, time, place and subject matter of the hearing. (c) Where an employee wishes to have up to (2) two *accredited representatives appear with them at a hearing and such a representative cannot be made available for the time set for the hearing, the employee, either directly or through an accredited representative, may seek a delay in the hearing sufficient for the Union to have an accredited representative made available. When an employee requests a change to the date stated in the above notice of investigation, that delay shall not normally be in excess of 14 days. Concurrence to such a request will not be unreasonably withheld by the proper officer of the Company. Application of this provision will not result in a need for a second notice period under the terms of Item (b) above. The following Union Officers will be considered accredited representatives: * National Union Representative * The President of the Council of Unions or their Designee * The Local Union President * The Shop Xxxxxxx (d) Where an employee so wishes, up to (2) two accredited representative may appear with him at the hearing. Prior to the commencement of the hearing, the employee under investigation will be provided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on their involvement. The employee and their accredited representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company Officers where necessary) whose evidence may have a Shop Xxxxxxx present bearing on their involvement. The questions and answers will be recorded and the employee being investigated and their accredited representative will be furnished with a copy of their own the statement. The employee under investigation may discuss with their accredited representative any questions directly related to and having a bearing on the alleged irregularity under review. However, this practice is not to be abused so as to impede investigation through the employee holding such discussions prior to answering routine questions, such as name, occupation, work location, hours of work, etc. Also, the accredited representative will be permitted to raise questions through the officer conducting the investigation during the course of the investigation. It will be the responsibility of the investigating officer to rule on whether or not such questions are relevant. Whether considered relevant or irrelevant, the question and answer will be recorded. It is to be emphasized that any advice given by the accredited representative to the effect that the employee under investigation should not answer a relevant question will not be accepted by the officer conducting the investigation. The investigation will be conducted in a proper and dignified manner and at all matters relating to employer/employee relationstimes under the control of the person conducting the investigation. 42.06 If(e) If corrective action: (i) Is to be taken, upon the employee will be so notified in writing of the Company's decision within 28 days from the completion of the employee's investigation, unless otherwise mutually agreed. Such notification will be given at the same time or after the employee is personally interviewed by the appropriate Company officer (s), unless the employee is not available for such an interview within the time limit prescribed. (ii) Is not to be taken, the employee will be so notified in writing of the Company's decision within 28 days from the completion of the employee's investigation, unless otherwise mutually agreed. (f) Employees will not be held out of service pending investigation unless: (i) the circumstances of the incident are such that there is reason to believe that the employee's continued performance on the job could constitute a hazard to himself, other persons or the operations; (ii) the offence is considered sufficiently serious to warrant such action; (iii) it is essential to carrying out the investigation. (g) Except as otherwise mutually agreed, the investigating officer shall be an individual who is in the best position to develop all of the relevant facts, provided such individual is not emotionally involved with the incident. 14.2 In determining corrective action the following shall apply a) Records of any corrective action taken shall be added to the employee's personnel file and will be reviewed after two years. If the employee has maintained a record of good conduct for that two-year period, all accounts of minor infractions and corrective action shall be removed from the employee's file. If any additional corrective action was required during this period, all records of this action shall remain on the employee's file until they complete the necessary two- year period of good conduct. 14.3 An employee who is held out of service while under investigation, except in cases where the offence with which charged is of a nature which may result in suspension or dismissal, will be paid for any loss of schedule wages. Suspension will commence from the date the employee is removed from service. Dismissal will be effective on the date the decision is made to dismiss the employee. When an employee is held out of service pending such investigation, the Employer feels that disciplinary action is necessaryinvestigation shall not be unduly delayed. 14.4 An appeal against discipline imposed may be initiated at Step II of the grievance procedure. Should discipline after appeal be found to be unjust, resulting in cancellation of such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactiondiscipline, but feels the employee should will be removed paid at schedule wages for each day lost, exclusive of any amount earned in other employment. They will also be reimbursed for any reasonable expenses incurred if required to be away from his/her place of employment, it shall be home in connection with paythe investigation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Documents related to disciplinary measures 22.01 Notice of disciplinary action which may have been placed on the file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period. 22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-existent. 22.03 The Employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part. 22.04 Any disciplinary action is communicated to the concerned employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided in a written notice with written notification which shall state copy to the union. This disciplinary notice describes the disciplinary action and the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other explaining it. Only disciplinary action, shall be subject actions submitted in writing to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify and the union, in accordance with this article, may be submitted as evidence during an employee arbitration and be placed in writing employee’s file. Except in the case of any dissatisfaction concerning his/her work within five a serious offence, a suspension only becomes effective after two (52) working days following receipt of the occurrence disciplinary action by the employee. 22.05 Where written departmental standards of discipline are developed or discovery amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute. 22.06 A written reprimand, a suspension or a dismissal are disciplinary measures that may be applied depending on the severity or the frequency of the incident giving rise alleged offence. The Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of proof. 22.07 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. Where practicable, the employee shall receive a minimum of two (2) working days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 22.08 When employees are an employee is required to attend a meeting where meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employerhim/her, the employees are employee is entitled to have, at their his/her request, a union representative of the Union attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such a meeting as well as its purpose. (a) Employees 22.09 Subject to the Access to Information Act and Privacy Act, the Employer shall have provide the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide information used during the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withhelddisciplinary investigation. (b) Employees shall have the right 22.10 The Employer agrees to have introduce, at least one month in advance of a Shop Xxxxxxx present on all matters hearing relating to employer/disciplinary action, any document concerning the conduct or performance of an employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels existence of which the employee should be removed from his/her place was not aware at the time of employment, it shall be with payfiling.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 4.01 The Union recognizes that it is the exclusive right of the Employer or Employer representative, such as managers, superintendents, supercargoes and foremen, and/or the Association: 1. To maintain order, discipline and efficiency; 2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Employer; 3. To make or alter from time to time rules and regulations not inconsistent with the terms of this Agreement to be complied with by employees employed under this Agreement. This Section 4.01 shall be consistent with the terms of this Agreement. 4.02 An employee who is suspended ordered for work or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state ordered back to work who fails to do so at the reasons for time designated by the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall Employer will be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdischarge. 42.03 The Employer shall notify 4.03 When an employee in writing of any dissatisfaction concerning his/her work within five (5) working days is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the occurrence or discovery of the incident giving rise employees will continue to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with as directed by the Employer. 42.04 When employees are required 4.04 In any case where the employee is discharged for more than the remainder of the day, and the Employer or the Association desires to attend impose any further penalty, they must so notify the Union in writing within two (2) days (exclusive of Saturdays, Sundays or Recognized Holidays) following initial discharge of the employee. 4.05 In the case of a meeting where a disciplinary decision concerning them is to dispute involving an alleged unjust suspension or discharge of an employee, the matter shall be taken submitted in writing and dealt with by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, Employer and a representative of the Union attend the meetingUnion. (a) Employees shall have 4.06 Should these representatives fail to agree, the rightmatter may be processed through the Grievance Procedure under this Agreement. 4.07 The Association may, at any time, to have the assistance impose a penalty of suspension from all work or from certain work, a full-time representative(s) disciplinary layoff or outright dismissal. The decision of the Union on all matters relating to employer/employee relations. Union representatives shall have access Association will be communicated to the Employer's premises Union in order to provide writing together with the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not reason for any penalty which may be unreasonably withheldimposed. 4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (b3) Employees shall have days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the right Union of the decision of the Association or the penalty will be deemed to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsbe accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 18.1 No employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12suspended (except for investigation), if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence disciplined or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become discharged until a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingfair and impartial investigation has been conducted and his responsibility established. (a) Employees shall have Investigations of minor incidents will be handled as quickly as possible and subsequently reviewed with the right, at any time, to have the assistance of a full-time representative(semployee(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldconcerned. (b) Employees shall In cases where the assessment of discipline is warranted, the employee will be advised in writing within 28 calendar days from the date the incident is reviewed with him unless otherwise mutually agreed. A copy of the Report of Incident and a copy of the Form 200 issued will be sent to the TCRC-MWED Director on the property and the Local Chairman. A maximum of 10 demerits may be issued in an informal investigation. (c) When an employee is notified of the conclusions reached by the Company, and of the discipline assessed, if any, he shall, if such are not acceptable to him, have the right to have exercise one of the following options: (i) if he/she is not in accord with the conclusions reached by the Company he/she may, within 20 calendar days of receipt of such notification, so advise the proper officer of the Company and request a Shop Xxxxxxx present on all matters relating to employerformal investigation under the procedures set forth in Section 3 hereof; or (ii) if he/employee relations. 42.06 Ifshe accepts the conclusions reached by the Company but he/she is not in accord with the discipline assessed, upon investigation, he/she may initiate an appeal of the Employer feels that disciplinary action is necessary, such action shall be taken based on discipline in accordance with the grievance procedure of the Collective Agreement, but commencing with Step II. In situations \ (a) A formal investigation will be held: (i) in the case of an employee committing an alleged dismissible offense; (ii) when an employee is alleged to have committed a minor offense where the Employer seriousness of such offense might warrant discipline to the extent that when added to his/her current record could result in discharge for accumulation of demerit marks; (iii) when an employee is unable alleged to investigate have been involved in a major incident; (iv) when an employee is involved in an incident where the need for information and appropriate documentation is required by order, regulation or Company requirements. (b) When required to attend a formal investigation, an employee will be given at least 48 hours' notice in writing. The notice will include the date, time, place and subject matter of the hearing. (c) Where an employee wishes to its satisfactionhave an *accredited representative appear with him/her at a hearing and such a representative cannot be made available for the time set for the hearing, but feels the employee, either directly or through an accredited representative, may seek a delay in the hearing sufficient for the Union to have an accredited representative made available. Concurrence to such a request will not be unreasonably withheld by the proper officer of the Company. Application of this provision will not result in a need for a second notice period under the terms of Item (b) above. * For the purposes of the provision, the following Brotherhood Officers will be considered accredited representatives: TCRC-MWED President, Federation General Chairmen, General Chairmen, Area Chairmen, Local Chairmen, and Grievance Representatives (d) Where an employee so wishes, an accredited representative may appear with him/her at the hearing. Prior to the commencement of the hearing, the employee should will be provided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on his/her involvement. The employee and his/her accredited representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company Officers where necessary) whose evidence may have a bearing on his/her involvement. The questions and answers will be recorded and the employee and his/her accredited representative will be furnished with a copy of the statement. (e) If corrective action is to be taken, the employee will be so notified in writing of the Company's decision within 28 calendar days from the completion of the employee's investigation, unless otherwise mutually agreed. Such notification will be given at the same time or after the employee is personally interviewed by the appropriate Company Officer(s) unless the employee is not available for such an interview within the time limit prescribed. (f) An employee may be held out of service with pay pending the complete investigation and notice provided to the Local Chairperson. (g) Except as otherwise mutually agreed, the investigation officer shall be an individual who is in the best position to develop all of the relevant facts, provided such individual is not emotionally involved with the incident. (a) Any written reprimand, warning or caution, or the like, will be removed from his/her place the employee's record following a period of employment10 months of discipline-free performance from the date of such written reprimand, it shall warning or caution, or the like. (b) Demerit marks will be with payremoved from the employee's record following a period of 12 months of discipline-free performance from the date of such demerit marks, to a maximum of 20 demerits. Suspension or the like will be removed from the employee's record following a period of 12 months of discipline-free performance from the date of such suspension or the like. (c) Discipline will be expunged from an employee's personnel record following a period of 48 months of discipline-free performance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any 22.1 No Engineering service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to waive investigation, as provided in section 22.5 and said waiver is accepted by the employee. 22.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or via FedEx) or hand- delivered to the employee who is suspended or dismissed shall within five fifteen (515) days of such suspension the Carrier's first knowledge of the act or dismissaloccurrence. The Carrier shall provide the Local Chairman with a copy of the notice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be provided with written notification which shall state the reasons for the suspension or dismissalcalled. 42.02 All dismissals22.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may be postponed by either party due to sickness, suspensions and injury or vacation of principals or witnesses. It may also be postponed due to unavailability of Chosen Representative, Xxxxxxxx Manager or Hearing Officer, except for situation covered by Section 22.5. The hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day. 22.4 Hearings will be held at the home terminal of the Employee. An Employee required to attend a hearing at a location other disciplinary action, shall than at his/her home terminal will be subject to formal grievance procedure allowed personal auto expense as outlined in Article 12Section 3.7 of this Agreement. 22.5 The Carrier may offer a charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee so desires. 42.03 The Employer shall notify an employee in writing will be given the opportunity to allow review of any dissatisfaction concerning said waiver by his/her work within five (5) working days Local Chairman. The waiver will contain the specific amount of discipline and conditions that will be assessed as a result of the occurrence or discovery of the incident giving rise employee waiving his/her rights to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionan investigation. If this procedure said waiver is not followed, such expression declined by the employee the conditions of dissatisfaction same shall not become be used in any other forum by either party. 22.6 Employees may not be suspended pending a part hearing except when the act or occurrence to be investigated is of a serious nature including: Rule G, insubordination, extreme negligence or dishonesty. Employees’ suspended while on duty will be transported to their home terminal. 22.7 The Employee may request that the Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in his/her own behalf. The Employee will have the right to be represented by a representative of his/her record for use against himown choosing and he/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to she and his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on question all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreementwitnesses. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from The Employee and his/her place representative will be provided with an accurate copy of employmentthe hearing transcript within fifteen (15) days of the completion of the hearing if discipline will be assessed. 22.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, it shall which may be assessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a mutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, he/she will be allowed Personal Auto Expense as outlined in Section 3.7 of this Agreement. 22.9 If the finding of the hearing is that the Employee is not at fault, he/she will be so notified and he/she will be compensated for the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with paya minimum of four (4) hours. In addition, the Employee will be paid Dead Heading for travel from home terminal to location of hearing and return. 22.10 If the finding of the hearing is that the Employee is at fault, appeal of discipline assessed must be made within sixty (60) days of the date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to the Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of receipt of appeal. Written response to the appeal will be issued within thirty (30) days from the date of the conference. If the decision of the Carrier on appeal is in favor of the Employee, he/she will be paid in accordance with section 25.9 of this Section. If the appeal is denied, the decision of the Designated Company Official will be final and binding unless within six (6) months of such final denial the claim is disposed of on the property or proceedings for final disposition of the claim under the Railway Labor Act are instituted by the Employee or the duly accredited representative.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 17.01 When an employee who is suspended from duty or dismissed shall within five terminated in accordance with paragraph 12(1)(c), (5d) days or (e) of such suspension or dismissalthe Financial Administration Act, be provided with written notification which shall state the reasons for Employer undertakes to notify the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of the occurrence suspension or discovery of the incident giving rise to the complainttermination. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure ** 17.02 When an employee is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning them is to be taken by the Employer, him or a representative of the Employerher, the employees are employee is entitled to have, at their his or her request, a representative of the Union attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such a meeting. (a) Employees 17.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at 17.04 The Employer shall have notify the right, at any time, to have the assistance of a full-time representative(s) local representative of the Union on all matters relating as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee. 17.05 When notification in writing is given to employer/an employee relations. Union representatives that he or she is the subject of a disciplinary investigation, the employee shall have be provided concurrently with a copy of the order convening the investigation. 17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview. 17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the Employer's premises in order to provide information used during the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withhelddisciplinary investigation. (b) Employees shall have the right 17.08 The Employer agrees not to have introduce as evidence in a Shop Xxxxxxx present on all matters hearing relating to employer/disciplinary action any document from the file of an employee relationsthe content of which the employee was not aware of at the time of filing or within a reasonable period thereafter. 42.06 If17.09 Any document or written statement related to disciplinary action, upon investigationwhich may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the Employer feels that disciplinary action is necessarywas taken, such provided that no further disciplinary action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payhas been recorded during this period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any ‌ 11:01 Subject to other applicable Articles of this Agreement, the Company shall not discipline or dismiss a non-probationary employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons bound by this Agreement except for the suspension or dismissaljust cause. 42.02 All dismissals, suspensions and other 11:02 Where the Company schedules an investigatory meeting regarding an employee’s conduct that may result in disciplinary action, the Company shall advise the employee that their conduct is the subject of the investigation. An investigatory meeting shall, where practicable, be subject to formal grievance procedure as outlined held in Article 12, the presence of a Shop Xxxxxxx or Union Representative if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of requests and if the occurrence Shop Xxxxxxx or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionUnion Representative is immediately available. If this procedure a Shop Xxxxxxx or Union Representative is immediately available and the employee does not followedrequest their presence, the employee will confirm such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any timedecision in writing. This Clause shall apply in respect of any expression of dissatisfaction relating It is the employee’s responsibility to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken arrange attendance by the Employer, or a representative of the EmployerUnion. The absence of a Shop Xxxxxxx or Union Representative shall not invalidate the investigation, or any future discipline imposed as a result of such investigation. 11:03 The Company agrees that employees shall be disciplined in private. Where a meeting is scheduled by the Company to impose disciplinary action, the employees are entitled to have, at their request, employee shall be advised that the meeting is a representative disciplinary meeting and shall be provided with reasonable notice of the Union attend the meeting. (a) Employees . The employee shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall advised that they have the right to have a Shop Xxxxxxx present on all matters relating or Union Representative at the meeting. It is the employee’s responsibility to employer/employee relationsarrange attendance by a representative of the Union. The absence of a Shop Xxxxxxx or Union Representative shall not invalidate the discipline. 42.06 If, upon investigation11:04 Where the Company issues disciplinary action in writing, the Employer feels that Company shall normally meet with the employee to communicate the areas of concern and the remedial action expected. Where the written disciplinary action is necessaryprovided to the employee in a meeting, such action the employee shall sign a copy of the document only to confirm receipt of the disciplinary action. All disciplinary actions which are confirmed in writing shall be taken based placed on the Collective Agreementemployee’s file. In situations where The affected employee and any Shop Xxxxxxx or Union Representative who attends a meeting at which a written disciplinary notice action is issued to the Employer is unable employee, will be given a copy of the written disciplinary notice, and if no Shop Xxxxxxx or Union Representative attended such meeting, a copy of the written disciplinary notice will be emailed to investigate the matter Union office within two (2) working days of the notice being issued to its satisfactionthe employee. 11:05 An employee may grieve any disciplinary action according to the grievance procedure. Grievances concerning demotion, but feels the employee should be removed from his/her place of employment, it suspension or dismissal shall be with payinitiated at Step 2 of the grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the susper\sion shall be effective. Demotions will state the classification to which the Emplbyee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to becom� part of an Employee's personnel file shall be read and acknowledged by sign*ure of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand. A. Employees shall have the opportunity to request to have a representative present when a Xxxxxxx Warning is given prior to being questioned regarding a possible disciplinary action, or when the employee feels a non-Xxxxxxx discussion wit� a supervisor may lead to discipline. In the case of a non-Xxxxxxx discussiqn, if a representative is requested but cannot appear within two (2) hours, questioning may proceed. Section 5. Employees may not be suspended or dismissed shall within without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) days of such calendar day suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalwithout pay. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if Section 6. Employees may examine their own individual personnel files at reasonable times under the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative direct supervision of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to may, upon invitation of the Employer's premises in order to provide Employee, also examine the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldpersonnel files. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters Section 7. Grievances relating to employer/employee relationsthis Article may be initiated by the Union in Step 4 of the grievance procedure. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Labor Agreement

Discipline. 42.01 Any 11.01 (a) Employees will be provided with a copy of all written reprimands or disciplinary notices which are to be entered in their records. In the event that an employee who is suspended or dismissed discharged, the Company will notify the Union in writing before the end of the next working day. 11.01 (b) A Union xxxxxxx or Union Representative shall within five be present (5if available) days at any meeting where the employee is subject to discipline or where the discussion will form part of the employee’s disciplinary record. 11.02 Discharge and/or discipline shall be for just cause. A claim by an employee that he has been unjustly discharged may be initiated at Step 3 of the grievance procedure, if a written statement of such suspension or dismissal, be provided claim is lodged with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Company within five (5) working days of after the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be discharge action has been taken by the EmployerCompany. However in the discharge of a probationary employee, the Company must only show that it did not act in a manner that was arbitrary, discriminatory or in bad faith. 11.03 Such special grievances may be settled by confirming the management’s action in dismissing the employee, or a representative by reinstating the employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the Employerconferring parties, or of the Arbitrator. 11.04 When an employee has been dismissed or suspended without notice, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have interview his xxxxxxx prior to leaving the premises, at a Shop Xxxxxxx present on all matters relating to employer/employee relationstime and place designated by the Company, for the purpose of preparing a grievance. 42.06 If, upon 11.05 All warnings or reprimands shall be rescinded after a period of one (1) year from the date of the last recorded disciplinary action and such notices shall not be used against the employee thereafter. Records of suspension will be retained in the employee’s file. 11.06 Where the Company suspends an employee indefinitely pending the completion of an investigation, the Employer feels that disciplinary action is necessary, such action Company shall be taken based on render a final decision to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels Union and the employee should by the end of the 10th full working day of the suspension. If an extension is required past the 10th day, the union will be removed from his/her place notified of employment, it shall be with paythe reason and will not unreasonably deny the request.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 30.01 The Employer will provide advance notice to the Union of any meeting with an employee who where the Employer is suspended investigating an issue that may result in discipline for that employee. A Union Xxxxxxx or dismissed shall within five (5) days Committee Person will be able to attend this meeting. It is understood that the Union will not impede the Employer’s ability to ascertain the facts. When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will have a Union Xxxxxxx present. In the event of such suspension discipline, the interview will not proceed until a Union Representative is present and this provision is mandatory. Where discipline or dismissaldischarge is sent to an absent employee by letter rather than in person, the Union Representative will be provided with written notification which shall state a copy of the reasons for the suspension or dismissalletter. 42.02 All dismissals30.02 A progressive disciplinary procedure will be followed as outlined below: Xxxxx 0 - Xxxxxxx Xxxxxxx Xxxxx 0 - Xxxxxxx Counsel Xxxxx 0 - Xxxxx/Xxxxxxx Xxxxxxx Xxxxx 0 - Xxxxxxxxxxx of Employment (a) Where discipline is sent to an absent employee by letter rather than in person, suspensions the Unit Chair will be provided with a copy of the letter. (b) Coach and counsels and other disciplinary actiondaily supervisory corrections, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to or may not result in notes being maintained and/or placed in an employee's advancement or standing with the Employer. 42.04 When employees ’s file, are required not disciplinary and may not be grieved. These will be admissible at hearings only to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative demonstrate an awareness and understanding of the Employer’s expectations, provided they have been issued in the employees are entitled to havelast twelve (12) months. (c) It is noted that not all communications will start at the coach and counsel stage. For some offences, at their request, a representative one or more of the Union attend corrective counseling steps may be skipped. (d) If applicable, an employee’s signature on any disciplinary document does not constitute an acceptance of disciplinary measures, but only receipt of the meetingwritten confirmation. (a) Employees shall have the rightWhere an employee maintains a record free from discipline for a period of twelve (12) months, at any timeall records of discipline (save and except for serious misconduct or serious misconduct that has not been discounted for any, to have the assistance of a full-time representative(sCompany deemed, extenuating circumstances) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldrelied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident. All records of discipline (save and except for serious misconduct) that will not be relied upon in future discipline will be removed from the employee’s file after forty-eight (48) months. (b) Employees Serious misconduct includes but is not limited to: (i) A breach of the Ontario Human Rights Code (ii) Health and safety infractions threatening health (iii) Violence, swearing or threats of violence directed at a customer, co-worker or supervisor or other insubordination. 30.05 Where a dismissal is for theft, attempted theft, embezzlement or any other fraudulent actions (whether involving the Employer, coworkers or customers), the Employer must establish that the employee committed the offence and will do so on the basis of clear and cogent evidence. If it is established to an Arbitrator’s satisfaction that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty. In discussions with the Union, the Employer may impose a disciplinary penalty short of discharge for an offence listed above, in light of the specific circumstances of the case and such penalty shall also not be subject to an Arbitrator’s discretion. The imposition of such a penalty in one case shall not operate as a limit to management’s discretion to impose the penalty of discharge in another case. 30.06 In circumstances where discipline results in a suspension or dismissal (or other discipline as may be agreed upon) being grieved, the Employer will permit the affected employee to review at the formal step meeting, any audio or video recording which the Employer intends to rely upon as evidence. This will be subject to any AGCO approvals or requirements as to the procedure to be followed for such a review. A Union Representative, if there is one at the meeting, will be able to review the surveillance report and meet with the employee using the report as a reference. The report will be returned following the meeting. 30.07 In the case of an investigative suspension, the Employer will have the right to have suspend the employee, with pay. Such a Shop Xxxxxxx present on suspension is not disciplinary. The Union will be notified of all matters relating to employer/employee relations. 42.06 Ifinvestigative suspensions at the time of issuance. Notwithstanding the foregoing, upon investigation, if such suspension is the Employer feels that disciplinary result of action is necessaryinvolving a regulatory or law enforcement agency which results in an investigation of more than seven (7) days, such action longer period shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with without pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. This is not the official version. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who 9.01 Employees whose behaviour is suspended or dismissed shall within five (5) days detrimental to the efficient and safe conduct of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, Employer's business shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdisciplinary action. 42.03 9.02 The Employer procedure in disciplining an employee regardless of the amount of time on the project shall notify an be: (A) Warn the employee in writing of any dissatisfaction concerning his/her work within five (5) working days the offence. Warning notice to be signed by the Employee's Xxxxxxx and Job Xxxxxxx. Copy of the occurrence or discovery of the incident giving rise warning notice mailed to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingoffice. (aB) Employees shall have the right, at any time, to have the assistance of Any further offence calls for a full-time representative(s) suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week. (C) Any offence after suspension, employee may be terminated. (D) Any warnings or suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any further warnings or suspensions. (E) The above warnings may not be applicable to the offences set out in Article 9.05 which call for dismissal of the Employee. 9.03 Employees discharged shall be advised by the Employer of the cause for dismissal. 9.04 The Employer will notify the Union on in writing of all matters relating disciplinary action taken against any employee subject to employer/employee relations. Union representatives shall have access this Agreement. 9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences: 1) All Employees must provide the Employee’s actual residence in a form satisfactory to the Employer's premises . Any abuse or misrepresentation by the Employee in order supplying this information may be subject to provide dismissal and the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will Employee may not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigationeligible for rehire. In addition, the Employer feels that disciplinary action is necessary, such action may receive address information from the Union. 2) Participation in an illegal strike or slow down may result in the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line. 3) Leaving the work site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be taken based on at the Collective AgreementEmployer’s discretion. 4) Absence from the work site for one (1) or two (2) days without call in by the Employee or a valid excuse – written warning. In situations where Repetition of this offence shall result in up to one (1) week suspension at the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.Employer’s discretion. After three

Appears in 1 contract

Samples: Collective Agreement

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Discipline. 42.01 Any Section 8.1. No employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons disciplined except for the suspension or dismissaljust cause. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 Section 8.2. The Employer shall notify agrees not to discharge or suspend an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaintwithout first arranging for a meeting. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of held between the Employer, the employees are entitled to haveemployee, at and their request, a representative representatives. The employee shall be given notification in advance of the Union attend meeting. However, no meeting is required in cases where the meetingemployee is charged with gross misconduct. In that case, the employee will be suspended from the active performance of regular duties without loss of pay until the pre-disciplinary meeting is held on these allegations. The xxxxxxx shall be present upon request of the employee. (a) Employees shall have Section 8.3. Appeals from either discharge or suspension must be submitted to the right, at any time, to have Employer in the assistance form of a full-time representative(sgrievance within seven (7) calendar days of the Union on all matters relating date of notification and shall be appealed directly to employer/employee relations. Union representatives shall have access to Step 4 of the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldprocedure. (b) Employees Section 8.4. Records of suspension shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employmentthe employee's personnel files and shall cease to have force and effect or be considered in future discipline matters twenty-four (24) months after their effective date, it providing there are no intervening disciplinary actions taken during that time period. Verbal and written reprimands shall remain in the employee's personnel file for twenty-four (24) months after their effective date, except that verbal and written reprimands that do not recur in twelve (12) months cannot be basis for the elevated progressive discipline. Both the Union and Employer recognize the Ohio Public Records laws and nothing in the CBA is intended to circumvent that act. Counseling will be removed within one (1) year. Section 8.5. An employee shall be given a copy of any counseling, written warning, reprimand, or other disciplinary action entered on his personnel records. The employee shall also be given a copy of any counseling statements. Counseling statements shall not be considered disciplinary action and are not subject to the grievance procedure of this contract. In cases of oral or written reprimands the employee will meet with payhis immediate supervisor prior to receiving the reprimand and be given an opportunity to offer an explanation of the alleged conduct. The employee shall be given advance notice of this meeting. The xxxxxxx may be present at the employee's request. Section 8.6. Any suspension shall be for a specific number of consecutive days on which the employee would be regularly scheduled to work. Section 8.7. The Employer agrees that all disciplinary procedures shall be carried out in private and in a businesslike manner. The Employer shall not discriminate against, or actively harass any member of the bargaining unit due to disciplinary action administered under this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, A. Employees shall be subject disciplined only for just cause. If in any case the Employer believes that there is just cause to formal grievance procedure as outlined in Article 12terminate, if suspend, fine, demote or transfer an employee, or cause the employee so desires. 42.03 The to forfeit accrued annual leave, the Employer shall notify an employee provide notice in writing to the employee and the PGCOA of any dissatisfaction concerning his/her work within its intent to take disciplinary action at least five (5) working days in advance of taking such action. One copy of a notice of intent to take disciplinary action shall be hand-delivered to the employee’s work station (if possible hand delivered to the employee), and another copy of the occurrence or discovery notice shall also be sent to the employee by certified mail return receipt requested at the employee’s last known address shown on the employee’s personnel record. The Employer shall make reasonable attempts to hand deliver the notice referred to herein to the employee before sending such notice by mail. The notice will be considered to have been served upon the employee as of the incident giving rise date of mailing. When a notice of intent is served while an employee is on approved leave or scheduled day off, the five (5) day period the employee has to respond will begin to run when the complaint. This notification employee returns to work. B. If the Employer has reason to reprimand an employee it shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction be done in a manner that shall not become embarrass the employee before other employees or the public. C. Any disciplinary action above the level of a part written reprimand (termination, suspension, demotion, fine, forfeiture of leave and transfer) may be processed through the grievance procedure specified in this Agreement. D. The parties agree to follow a progressive disciplinary policy utilizing the disciplinary methods permitted by the Personnel Law; provided, however, that the parties also recognize and agree that initial disciplinary action should be consistent with the severity of the offense. X. The PGCOA President shall receive copies of all written disciplinary actions and intended action. X. Xxxxx to any interview or interrogation an employee who is the subject of an investigation will be notified in writing of the nature of the investigation and of his/her record for use against him/her at any time. This Clause shall apply in respect right to have present, upon request, a PGCOA representative or other person of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerchoice. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by G. At the Employer, or a representative request of the Employeremployee, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from represented by counsel or any other responsible representative of his/her place of employment, it choice who shall be with paypresent at all times during any interrogation or interview. H. The employee shall be entitled to a copy of the Confidential Disciplinary Packet of the Office of Professional Responsibility and Legal Affairs after the Notice of Intent and prior to any final disciplinary action recommendation by the Director of the Department of Corrections, (but excluding the identity of any confidential sources and recommendations as to charges, disposition or punishment). I. The Employer will not issue a notice of disciplinary action against an employee later than one hundred twenty (120) calendar days after the occurrence (or after the Employer was aware of the occurrence) of the alleged infraction or violation of Departmental rules or regulations or of the Personnel Law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who 16.1 In the event an Employee is disciplined, suspended or dismissed shall within five (5) days of such suspension or dismissaldischarged for other than irregular attendance, be provided with written notification which shall state of the action stating reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, such action shall be subject delivered to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Employee within five ten (510) working days of the occurrence or discovery of the incident occasion giving rise to the complaintaction. This notification In the event the Employer requires additional time to complete an investigation, the Employer shall include particulars contact the Unit Vice President, Vice President and the Executive Administrator of work performance CUPE Local 5167 with a written request for extension and reason for the extension. Such request for extension will not be unreasonably withheld. Absence due to vacation, sickness or any other reason by the Employee involved shall extend the ten (10) days referred to above by the number of absent days. For clarity, it is understood that the Employer shall notify the Union of such extension. Where a Supervisor or other Employer representative intends to meet with an Employee: (a) to discuss any issue where disciplinary action(s) will result against that Employee; (b) to investigate matters which led will result in disciplinary action against that Employee; or (c) to such dissatisfactionissue discipline against the Employee, The Employee shall have the right to be accompanied by and represented by a Xxxxxxx. If The Employer shall notify the Employee of this procedure is not followedright and notify both the Employee and the Union of the time and place for the meeting. 16.2 An Employee who maintains a clear record for a period of 15 months following his/her last warning or suspension, such expression of dissatisfaction shall not become a part of have his/her record cleared at the end of such period as it applies to warnings and suspensions for use against him/her at any time. This Clause reasons other than irregular attendance. 16.3 Upon written request to the Human Resources Generalist, an Employee shall apply in respect of any expression of dissatisfaction relating have access to his/her work or otherwise which may be detrimental to an employee's advancement or standing with file during regular office hours in the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative presence of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees Human Resources Generalist or designate. The Employee shall have the right, at any timeright to respond in writing, to have the assistance of a full-time representative(s) any document contained herein. Such reply shall become part of the Union on all matters relating to employer/employee relationspermanent record. Union representatives The Chairperson of the Grievance Committee or designate shall have access to the EmployerEmployee's premises in order to provide file provided that the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldEmployee's written consent is received. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 27.1 The Employer will not discipline any permanent employee without just cause. 27.2 Discipline includes oral and written reprimands, reductions in pay, suspensions, demotions, and discharges. Oral reprimands will be identified as such. 27.3 When disciplining an employee, the Employer will make a reasonable effort to protect the privacy of the employee. 27.4 The Employer has the authority to conduct investigations. A. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. An employee may also have a union representative at a pre-disciplinary meeting. If the requested representative is not reasonably available, the employee will select another representative who is suspended available. An employee seeking representation is responsible for contacting his or dismissed shall within five (5) days her their representative. B. The role of such suspension the union representative in regard to Employer-initiated investigations is to provide assistance and counsel to the employee and not interfere with the Employer’s right to conduct the investigation. Every effort will be made to cooperate in the investigation. 27.6 An employee placed on an alternate assignment during an investigation will not be prohibited from contacting his or dismissalher their union xxxxxxx unless there is a conflict of interest, be provided with in which case the employee may contact another union xxxxxxx. This does not preclude the Employer from restricting an employee’s access to the Employer’s premises. 27.7 Prior to imposing discipline, except oral or written notification which shall state reprimands, the Employer will inform the employee and the union staff representative in writing of the reasons for the suspension or dismissal. 42.02 All dismissalscontemplated discipline and an explanation of the evidence, suspensions copies of written documents relied upon to take the action and the opportunity to view other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12evidence, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise any. This information will be sent to the complaintunion staff representative on the same day it is provided to the employee. This notification shall include particulars of work performance which led The employee will be provided an opportunity to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her respond either at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken scheduled by the Employer, or in writing if the employee prefers. A pre-disciplinary meeting with the Employer will be considered time worked. 27.8 The Employer will provide an employee with fifteen (15) calendar days’ written notice prior to the effective date of a representative reduction in pay or demotion. 27.9 The Employer will normally provide an employee with seven (7) calendar days’ written notice prior to the effective date of a discharge. If the EmployerEmployer fails to provide seven (7) calendar days’ notice, the employees are discharge will stand and the employee will be entitled to have, at their request, a representative payment of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-salary for time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.would otherwise have been scheduled to work had seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any No employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the disciplined or discharged except for just and reasonable cause. An employee so desires. 42.03 The Employer shall notify an employee be notified in writing of any dissatisfaction concerning his/her work within five ten (510) working days of the occurrence causefor dissatisfaction knownto supervisor or discovery manager. A copy of the incident giving rise such written expression of dissatisfaction shall be provided to the complaint. This notification shall include particulars Local Union Vice President or designate within twenty four (24) hours of work performance which led issuance to such dissatisfactionthe employee. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her the employee's disciplinary record for use against him/her at any time. This Clause Article shall apply in respect not prevent oral expressions of any expression dissatisfaction, but such oral expressions must be reduced to writing within ten working days before becoming part of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing record. The employee shall sign the expression of dissatisfactionacknowledgingreceipt. Such signature shall not be considered as necessarily concurring with the Employer. 42.04 When employees are required contents. The employee's reply to attend a meeting where a disciplinary decision concerning them is to be taken by such written expression of dissatisfaction, if received within ten (10) working days after has been given the Employernotice referredto inArticle above, or a representative shall become part of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/An employee relations. Union representatives shall have access to their personnel performance file in the Employer's premises presence of their Department Manager during office hours, at a mutually agreeable time, but in order no event later than three (3) working days after the initial request. Except in the event of a grievance, this access shall be limited to provide once in any six (6) month period. The employer agrees to give appropriate consideration to a request by an employee for review of their personnel record for the required assistancepurpose of removing any disciplinary letter which is at least two (2) years old. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees An employee shall have the right to have a Shop Xxxxxxx Union representative present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action at any discussion with a supervisor or manager where it is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels anticipated the employee should will be removed from his/her place of employment, it shall be with paysubject to any disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 32.01 Employees shall receive a copy of any verbal, written, or disciplinary letters that are placed on their file, with a copy to the Union. Such letters shall become part of the employee’s work history. When the Employer schedules a meeting with the employee in this regard, the Employer shall ensure that a Shop Xxxxxxx or alternate is present at such meeting. 32.02 Verbal, written or disciplinary letters shall not be used for the purpose of compounding discipline after one (1) year. If a re-occurrence of the same or similar infraction exists within said year, progressive discipline may apply. 32.03 Where the Union requires an explanation of reasons for discipline, hours of work, seniority, the Employer agrees to promptly supply same within ten (10) calendar days from the request, either verbally or in writing to the Union. 32.04 Employees covered by this Agreement will have access to their personnel file upon written request by the employee involved during normal office hours. 32.05 Any employee who document or discipline that is suspended or dismissed shall within five to be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, but no later than ten (510) days from each occurrence, or from the day of such suspension discovery of the violation. 32.06 In the event the Employer requests any Bargaining Unit employee to undergo a Polygraph Examination (lie detector) or dismissalsimilar mechanical or physical test for any reason, the Employer shall first notify the Union Officer affected to arrange a meeting with the employee, Union Representative, and the Employer, to discuss the test. The Employer shall clearly state that the examination is voluntary, and that there shall be no adverse consequence should the employee decline the requested Polygraph Examination. The employee shall be entitled to Union representation prior to and after the test, as well, the Union Representative shall be allowed to accompany the said employee to the location of the examination, however the Union Representative may not participate in the actual examination. Employees covered by this Agreement, who voluntarily agree to participate in a Polygraph Examination, shall be provided with written notification which shall state a list of questions to be asked during the reasons for polygraph, prior to the suspension or dismissalactual Polygraph Examination. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise 32.07 Anonymous calls to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction Company shall not become a part of his/her record be grounds for use against him/her at any timediscipline, warning letters, etc. This Clause shall apply Nothing will be retained in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer’s personnel file in this regard. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 33.01 The Employer shall notify not discipline nor dismiss any employee who has completed their probationary period except for just cause. 33.02 Where practicable, prior to the imposition of any form of discipline or discharge, an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of shall be notified that the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure meeting is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may disciplinary and arrangements will be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right made to have a Shop Xxxxxxx present on all matters relating of their choice and/or the Union Representative to employer/attend. If either or both are unavailable within twenty-four (24) hours, the meeting will take place with an alternate shop xxxxxxx or other bargaining unit member of the employee’s choice. If the meeting is not disciplinary but to discuss work performance an employee relationshas the right to request the presence of a Shop Xxxxxxx. 42.06 If33.03 Where practicable, upon investigationall disciplinary meetings shall be held in private and shall take place on the Employer's premises. 33.04 The affected employee, the Shop Stewards, and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file and of any discharge notice that is given to the affected employee. The written notice of discipline or discharge shall include or be accompanied by the written reasons for taking such action. Any such notice of discipline and/or discharge shall be given to the affected employee and the Shop Xxxxxxx immediately and a copy of the discipline or discharge notice shall be provided to the Union within twenty-four (24) hours of the event via email. If the affected employee and/or Shop Xxxxxxx is not present at the time that the disciplinary or discharge notice is issued, the Employer feels that disciplinary action is necessaryshall send it via registered mail to the affected employee's current address on file or by email with confirmation via returned email. 33.05 Where the Employer makes a formal written assessment of an employee's work performance, such action the employee shall be taken based on entitled to receive a copy. The employee shall sign the Collective Agreementassessment indicating only that they have read and understands the contents. In situations where The employee may, within fourteen (14) calendar days of having received a copy of the assessment, respond in writing to the assessment, which response shall be part of their record. 33.06 Employees covered by this Agreement shall have supervised access to their own personnel file, upon written request from the employee involved. Employees shall be able to obtain copies of items in their personnel file when requested. Any written, signed, and dated responses to items in the file by the employee will be placed in their file. Employees shall not remove any documents from the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it file. The Employer shall be with paymaintain only one (1) personnel file per employee.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 A. No employee shall be discharged or disciplined for reasons that are arbitrary or capricious except for those itinerants per memorandum of agreement attached. Progressive discipline, i.e., a) reprimand, b) suspension, and c) discharge shall generally apply. The severity of the infraction may result in the skipping of steps of progressive discipline. B. Any employee who is suspended not subject to the teacher tenure laws of the State of Michigan shall not be discharged without having been given the opportunity to have a hearing pursuant to the following procedure: 1. Any time an employee is to be discharged, the Board, or dismissed its designee, shall furnish in writing the specific reasons therefore; 2. The employee may request a conference regarding said notice with his/her immediate supervisor and said conference shall take place within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 after said request is made. The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees Employee shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from an association representative of his/her choosing present during said conference; 3. If the employee does not desire to have a conference, she/he may request the Superintendent to schedule a hearing concerning said discharge before the Board within twenty (20) days. Said hearing shall take place within fifteen (15) days from the date of employmentsaid request, it which is to be made in writing At said hearing the employee may be represented by counsel, may present witnesses or documents on their own behalf, and may cross examine the witnesses proceeded by the Board. Evidence at said hearing may be transcribed by any means which would accurately reduce the proceedings to a record which could be preserved, provided both the Board and the employee so agree. The employee may request that this hearing be public or kept private, at his/her option. Within ten (10) days from the date the Board concludes said hearing, the employee shall be notified of the decision which shall likewise be in writing specifying the reasons thereof The decision when made shall be based upon the evidence produced at said hearing. 4. The Board's decision shall be reviewable by an arbitrator. Said arbitrator is to be selected in accordance with paythe rules of the American Arbitration Association, with the rules and practices of said Association to govern said arbitration hearing. Provided, however, that any decision of the Board that has been subject to request for review within thirty (30) days from the date of posting said decision in the mail addressed to the employee at his/her last known address shall be final and conclusive.

Appears in 1 contract

Samples: Master Agreement

Discipline. 42.01 Any Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee who under investigation and subject to discipline is suspended required to submit a written report, he will be allowed up to twenty-four hours to the report. Potential charges shall be laid or dismissed notice of investigation against an employee shall be made within thirty days of the knowledge of the alleged incident or of the discovery of any infraction, which may result in charges. An employee’s Section Head shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two Union representatives. The employee concerned shall be given at least twenty-four hours’ advance notice of the purpose of the meeting and of his entitlement to Union representation. An employee’s Section Head may give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-President or his delegate. A charged employee may be held out of service by his Section Head for a period not to exceed three days, pending investigation by the Regional Vice-President or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him. Charges referred to the Regional Vice-President or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two Union representatives. Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of such the anticipated date of the hearing of the charges. The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three days of the hearing, notify the charged employee and his Local Chairperson, in writing, of the decision. An employee who is exonerated of all charges against him shall be provided paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority. An employee’s service record shall be deemed to be clear, if no discipline involving loss of pay has been imposed and if no other discipline has been imposed within twelve previous months, and, in any case, the Corporation may grant an application from an employee with written notification which shall state the reasons a clear service record for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, previous twenty-four months to have his service record deemed to be clear. Employees covered by this Agreement shall not be subject to formal grievance procedure as outlined in Article 12, if discipline or discharge for failing to cross any picket line where there is danger of bodily harm. The Corporation agrees that past disciplinary information of which the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is was not followedaware has no value, such expression of dissatisfaction and therefore, shall not become be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration. Operating Representation Rights At any administrative inquiry, hearing or investigation conducted by a part Board named by the Corporation into an operating irregularity as defined under this article(‘), where the actions of his/her record for use against him/her an Employee may have had a bearing on the events or circumstances leading thereto, and the Employee is required to appear at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work the administrative inquiry, hearing or otherwise which investigation being conducted into such irregularity, he or she may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend accompanied by a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a Union representative of the Employer, the employees are entitled to have, at their request, a representative his or her choice. The unavailability of the Union attend Representative of choice will not delay the meeting. (a) Employees shall have inquiry, hearing or investigation more than twenty four hours from the right, at any time, to have the assistance time of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access notification to the Employer's premises in order to provide Employee. However, for the required assistance. Employees involved in such discussion or investigation purposes of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigationthis article, the Employer feels that disciplinary action is necessary, such action employee shall be taken based on submit without delay the Collective Agreement. In situations where standard incident reports required by the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payCorporation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, 5.01 An employee’s record shall be subject to formal grievance procedure defined as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work record for the past twenty-four (24) months of continuous service. Any employee, having been disciplined by the Corporation may contact his/her Union Representative, who may file a grievance within five (5) working days to be dealt with as hereinafter provided. 5.02 The following procedures shall be followed regarding the investigation and handling of complaints from the public about the conduct of an employee or employees; a) A complaint means a complaint received by Transit Services from a member of the occurrence or discovery public regarding the conduct of an employee. b) If a complaint is to be considered for disciplinary action, it must be forwarded to Transit Services within thirty (30) Transit working days of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionin question. If this procedure such a complaint is not followedreceived within the above time limit, such expression of dissatisfaction the complaint shall not become be considered for discipline. A photocopy shall be presented to a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative member of the Union attend Executive. Names and identifying information shall not be provided to the meetingemployee by either the Union or Management. c) Nothing herein shall prevent Transit Services from interviewing employees concerning verbal complaints or emails. However, verbal complaints or emails must be followed by a written or typed complaint that is signed by the complainant to result in disciplinary action. Such record may be kept for up to twenty four (a24) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) months of the Union on all matters relating incident. d) When an employee is required to employer/employee relations. Union representatives shall have access report to the Employer's premises in order to provide Corporation Officer investigating the required assistance. Employees involved in such discussion or investigation of grievance complaints the employee shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldpaid at the applicable rate for all lost time. (b) Employees shall 5.03 Causes for dismissal will include, among other reasons, theft, destruction or abuse of Corporation property, habitually reporting late, gambling while on duty, abusing privileges of employee's free transportation, causing an accident through carelessness or neglect, incivility to passengers, profanity on coaches or on the premises of the Corporation, missing fares through neglect, absent without leave after one working period. Causes will also include not complying with the rules of maintenance procedure as laid out in the garage, repeated failure or come backs of mechanic's work due to carelessness, inefficiency or neglect. In all cases, the employee may have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsappeal under Article 6 of this Agreement. 42.06 If, 5.04 It is mutually understood and agreed upon investigation, the Employer feels that disciplinary action is necessary, such action Casual Operators and probationary employees may be dismissed for reasons less serious than those affecting full-time employees. Such causes shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactioninclude, but feels not be limited to, matters pertaining to performance and the employee should be removed from his/her place of employment, it shall be ability to get along with payothers.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who 9.01 Employees whose behaviour is suspended or dismissed shall within five (5) days detrimental to the efficient and safe conduct of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, Employer's business shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desiresdisciplinary action. 42.03 9.02 The Employer procedure in disciplining an employee regardless of the amount of time on the project shall notify an be: (A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee's Foreperson and Xxx Xxxxxxx. Copy of warning notice mailed to the Union office. (B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week. (C) Any offence after suspension, employee may be terminated. (D) Any warnings or suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any dissatisfaction concerning his/her further warnings or suspensions. (E) The above warnings may not be applicable to the offences set out in Article 9.05 which call for dismissal of the Employee. 9.03 Employees discharged shall be advised by the Employer of the cause for dismissal. 9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement. 9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences: 1) All Employees must provide the Employee’s actual residence in a form satisfactory to the Employer. Any abuse or misrepresentation by the Employee in supplying this information may be subject to dismissal and the Employee may not be eligible for rehire. In addition, the Employer may receive address information from the Union. 2) Participation in an illegal strike or slow down may result in the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line. 3) Leaving the work within five site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be at the Employer’s discretion. 4) Absence from the work site for one (1) or two (2) days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (1) week suspension at the Employer’s discretion. After three (3) days absent without a call in or a valid excuse, the Employee will be considered to have quit their position. 5) working days Chronic absenteeism or tardiness or idleness - written warning to the Employee. Up to one (1) week suspension of the occurrence or discovery Employee upon repetition of this offence at the Employer’s discretion. 6) Upon the determination by an Employer that an Employee is incompetent and/or otherwise not qualified to perform work in a work-like manner in the trade for which the Employee has been hired, and according to the provisions of the incident giving rise Productivity Clause, Article 9A, and upon corroboration from the Labourer’s Xxxxxxx or supervision on site, the Employer shall without prejudice be entitled to terminate the Employee’s employment and refer them back to the complaintUnion subject to the provisions of Article 9A – Productivity Clause. 7) Reporting for duty in an inebriated or impaired condition – the Employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented. 8) Possession, use of, or trafficking in any intoxicant and/or non-medicinally prescribed narcotics or drugs while at the site - immediate dismissal of the Employee at the Employer’s discretion. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure The Employee is not followedeligible for rehire until satisfactory evidence of rehabilitation is presented. 9) Gross insubordination of supervisory personnel by the Employee – dismissal, such expression of dissatisfaction shall not become a part of his/her record eligible for use against him/her at any time. This Clause shall apply in respect rehire. 10) Violent abuse of any expression person or willful destruction of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerproperty of others - dismissal of Employee, not eligible for rehire. 42.04 When employees are required 11) Theft of property from the project site or willful misrepresentation of records (i.e. tax documents, hiring forms, time sheets) for the purpose of the Employee’s financial gain - immediate dismissal of the Employee, not eligible for rehire. 12) Failure or refusal to attend a meeting where a disciplinary decision concerning them is adhere to basic plant rules and regulations including safety, sanitation, etc., subject to the condition that such rules shall be taken provided to the Union and the Employee by the Employer, or shall result on the first offence in a representative written warning to the Employee. Repetition of the Employer, offence up to one (1) week suspension of the employees are entitled to haveEmployee, at their requestthe Employer’s discretion, and a representative possible dismissal of the Union attend Employee, at the meetingEmployer’s discretion depending on the severity of the offence. 13) Any Employee who quits their employment with an Employer shall not be eligible for rehire by another Employer on the project until a period of thirty (a30) Employees calendar days has elapsed since the date they quit, except where rehire is mutually agreed by the Employer and the Union. The above offences shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access be subject to the Employer's premises in order to provide the required assistanceprovisions of Article 23-Grievance Procedure. 9.06 Use of cell phones/Blackberries/smartphones/etc. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have permitted by employees onsite, except as explicitly authorized by the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action . Violations of this article shall be taken based on subject to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels following disciplinary scheme: • First offence: warn the employee should in writing. Warning notice to be removed from hissigned by the employee’s Foreperson, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) day suspension or dismissal as determined by the employer. This section shall not apply to stewards and forepersons using cell phones in the course of their duties. Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (specify) Was the Union Xxxxxxx/her place Suitable Witness present during the discussion of employment, it shall be with pay.this incident? Yes No Name of Xxxxxxx: Warning Date: Time Off Duration: Discharge Date: I have read and understand this Discipline Notice. Employee’s Signature Date Supervisor’s Signature Date Xxxxxxx’x Signature Date Project Manager’s Signature Date

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 8.01 Any employee who is suspended or dismissed shall within five (5) days of such to receive a written warning, suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, discharge shall be subject removed from his work station and taken to formal grievance procedure as outlined in Article 12an office. He may, if he so desires, request and obtain the presence of his Union representative to represent him during such an interview. During such interview, the employee so desires. 42.03 will be advised of the offense committed. The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work interview must be held within five seven (57) working days from the date the offense becomes known to the Company. Time limits may be extended by mutual agreement. 8.02 Following the conclusion of the occurrence or discovery full investigation of the incident giving rise to details, the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with supervisor will advise the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by employee and the Employer, or a Union representative of the Employerpenalty to be imposed, the employees are entitled to havewithin three (3) working days, at their request, a representative of the Union attend the meetinginterview in Article 8.01. (a) Employees shall have the right8.03 However, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance 8.02 shall not absent themselves from work except with permission from their supervisor and apply when the alleged violation may endanger the safety of himself or other employees or be of such permission will not a nature that it would be unreasonably withheldinadvisable to retain the employee in the plant. (b) Employees 8.04 Any suspended or discharged employee who maintains that he has been unjustly dealt with shall have the right to have his case reviewed by the Human Resources Manager, or his appointee, and the Bargaining Committee provided that a Shop Xxxxxxx present on all matters relating to employer/employee relationswritten grievance is filed with the Human Resources Manager, or his appointee, within three (3) working days after his discharge or suspension. 42.06 If, upon investigation8.05 At such hearing, the Employer feels that disciplinary Human Resources Manager, or his appointee, shall advise the Bargaining Committee of the incident upon which the Company's action is necessarybased. The supervisor will be present at the request of either party. The grievor shall then provide the Human Resources Manager, such or his appointee, with his explanation of the incident and his actions. After due consideration of all involved facts, the Human Resources Manager, or his appointee may: a) confirm the Company's action in dismissing or disciplining the employee, or b) reduce or eliminate the penalty. The Union will be advised of the outcome within three (3) working days after the conclusion of the hearing. 8.06 Upon receipt of the Company's decision by the Union, the Union will have the right to proceed to arbitration. 8.07 Derogatory notations placed against the record of an employee shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should automatically become null and void and will be removed from his/her place the employees file after one (1) year from the date of employmentissue, it provided no additional notice for a similar offense appears on the employee's record for the six (6) months preceding the anniversary date of the last such notation. The Union shall be given a copy of such notices and any employee shall have the right to review his disciplinary record. 8.08 All suspensions to be served on consecutive working days with payno loss of seniority.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any Section 1: No employee who will be disciplined without just cause. It is suspended understood and agreed that anytime the Company decides to take disciplinary action against any employee in the bargaining unit it will, notify the Union Hall (by e-mail) at the same time. All discipline will be administered in a hearing. The employee will be given a fair and impartial hearing at which time all information pertinent to the case being heard will be presented by both parties so as to conclude the case without delay. Section 2: All disciplinary processes will be performed by the Operations Manager or dismissed their designee. A. The respective Operations Manager, to whom the individual is requested to report, shall give a prompt, fair and impartial hearing to all employees. This shall also include corrective interviews, through the progressive disciplinary procedure. B. Nothing in this article shall prevent the Union from appealing the decision of the respective Operation Manager to the next level of management prior to a possible grievance being filed; however, such action will not serve to delay the grievance time limits unless the Union has advised the Company in writing, in advance. C. All hearings will be attended by the charged employee. A Union official shall also attend the hearings if so requested by the employee. Hearings and/or Corrective interviews will not be held on an employee’s scheduled days off, Saturday, Sundays, or any Holiday identified in the Collective Bargaining Agreement, unless mutually agreed by the parties involved. D. Such hearings shall be held within five a seven (57) days calendar day period following the delivery of such a written notice. E. All time spent in hearings shall be paid at actual time. F. If, as a results of a hearing, grievance procedure, arbitration or otherwise, it is found that the employee has been unjustly deprived of wages as a result of lost service time, suspension or dismissal, the employee shall be provided with written notification which reimbursed by the Company to the extent of the loss. In no event shall state the reasons employee be paid twice for the suspension or dismissalsame time. 42.02 All dismissalsG. An employee shall be given the basis of the charges against them in writing, suspensions and other disciplinary actionexcept for discipline for attendance occurrences otherwise outline in Article 9. The hearing on these charges shall not be held until a twenty-four (24) hour period has expired. This twenty-four (24) hour period can be waived only by the employee. The hearing shall only deal with the charges against the employee. H. Any charge based upon a supervisory report shall include the name of the individual making the complaint or report. The charge, including the name of the individual making the complaint or reports, shall be made available to the Union, upon request to investigate and settle this dispute. The Company will not provide the name of the spotter unless the matter is scheduled for arbitration. The Company shall present employees with copies of all complimentary letters. Upon request, complaints (excluding complaint's name, address and telephone numbers) and spotters reports received from any source regarding said employees shall also be made available to the subject to formal grievance procedure as outlined in Article 12, if the employee so desiresemployee. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission Section 3: Discipline will not be unreasonably withheldconsidered for more than 12 months from the date given, except that discipline for serious safety violations and preventable accidents will be considered for 36 months. Some examples of serious safety violations are: failure to properly secure a wheelchair or other mobility device; cell phone use while operating a Company vehicle; rollaway due to failure to properly secure a vehicle; failure to perform proper lock out/tag out procedures or ignoring or removing a lock, tag, or signage without specific authorization; or entering a railroad crossing when the lights are flashing or the crossing arm is down or descending. Section 4: Employees may be disciplined only for just cause; however, nothing shall prevent the Company from placing an employee on administrative leave without pay while it conducts an investigation. Employees will not be placed on administrative leave without pay for longer than seventy-two (b72) Employees shall have hours unless the right to have a Shop Xxxxxxx present on all employer’s investigation involves external matters relating to employer/employee relationsthat are outside the control of the Employer (police, client, convening of the ARB, etc.). 42.06 IfSection 5: The Company recognizes the concept of progressive discipline including the following steps: • Written warning or documented counseling; • Written warning; • Suspension without pay (final warning); and • Termination. Class I violations, upon investigationand serious safety violations, may be addressed by termination on the first offense. Discipline for preventable accidents however will be as follows: • One preventable accident – written warning • Two preventable accidents within any 36-month period – Five day suspension • Three preventable accidents within any 36-month period – Discharge • Two preventable accidents within any 12 month period – Discharge Furthermore, accidents as a result of gross negligence may result in termination on the first offense. However, in all cases the Company will consider the employee’s complete work history and length of service in determining the appropriate discipline. Discipline for all accidents will not be administered until confirmation of the preventability by the A.R.B is determined, with the exception of those accidents which would be cause for immediate termination Except as provided for the most serious violations described above, the Employer feels Company shall not discharge an employee unless the Company has given the employee at least one documented counseling or warning within the previous 12 months for the same or similarly classed offense. Section 6: All Disciplinary time off must be given upon in consecutive workdays. If an employee on suspension is called back to work by the Company prior to having served their full suspension, the balance of the penalty days shall be withdrawn by the Company. Section 7: If it is mutually agreed that a situation arises which has unusual circumstances, the parties, without setting a precedent, may agree to change past procedure to more fairly judge the employee's particular case. Section 8: Written notice of a violation or infraction shall not be issued to the employee, later than ten (10) calendar days after the date of the violation or infraction or after such infraction was known to the Company, whichever is the latter (holidays, days off, sickness, vacation and leave of absence excluded). Section 9: After discipline has been assessed either by a written notice or a hearing, no other disciplinary action is necessary, such action shall be taken against the employee for that infraction. Nothing in this section or other sections will prevent the employer from following the progressive discipline for just cause based on properly written and timely issued citation to an employee. If an accident is initially judged preventable and then reversed by the Collective AgreementA.R.B., the operator who has been assessed a penalty shall be reimbursed any wages lost due to penalty by the Company. In situations where the Employer is unable to investigate the matter to its satisfactionevent of termination, but feels the employee should will be removed from his/her place reinstated with full seniority, benefits and lost pay. No accident will result in a “Class I Infraction.” All accidents will be judged on preventability and if judged preventable will result in progressive discipline for preventable accidents and not under progressive discipline for “Class I Infractions.” Any accident or incident that is subject to preventability will be reviewed by the accident review board and will not be subject to progressive discipline for “Class I Infractions.” No violations of employmentcompany rules will be used in conjunction with a different violation for the purposes of progressive discipline. No employee will be disciplined as a result of off duty conduct unless that conduct relates to drugs, it shall be with payalcohol or seriously impacts the employee’s ability to perform their duties. (example: a speeding ticket in a personal car has no ability to effect duties, however multiple tickets resulting in a loss of license will affect the employees ability to perform duties.) Section 10: An employee may examine his own personnel file and obtain copies at their expense at any time during business hours, provided that such examination and/or copying is done under supervision by the Division Manager or Division Manager's designee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any No employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, has completed hidher probationary period shall be subject to formal grievance procedure as outlined disciplined or discharged except for just and reasonable cause. An employee shall be notified in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her written expression of dissatisfactionconcerninghidher work within five (5) working days workingdays of cause for dissatisfactionbecomingknownto hidher Supervisor. A copy of such expression of dissatisfactionshall be providedto the occurrence or discovery LocalUnionPresidentor hidher designatewithin twenty four (24) hours of issuanceto the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionemployee. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record dissatisfactionshall notbecomepartof their disciplinaryrecords for use against him/her at any time. This Clause shall apply in respect not prevent oral expressions of any dissatisfaction, but such oral expressions must be reduced to writing within five (5) working days before becoming part of an employee's record. The term expression of dissatisfaction relating dissatisfaction” shall mean any discipline which is reduced warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or coachingand are not clearly identifiedas expressions of dissatisfaction” shall not part of the employee’s disciplinary record. However, evidence of such communications may be in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a or the Union that an employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to his/her work establish the standard or otherwise expectation of the Company regarding the performance of the employee or employees generally. The employee’s reply to such expression of dissatisfaction, if received within five (5) working days after has been given the notice referred to in Article above, shall become part of hidher record. If such reply is not so received, it will not become part of record for use by hidher at any time. An employee shall be furnished, within five (5) working days of receipt, with any other complaint or accusation concerning which may be detrimental to an advancementor standing within the Company. The employee's advancement ’s reply to such complaint or standing with accusation, if receivedwithin five (5) working days after has been given the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to complaint or accusation, shall be taken by the Employer, or a representative come part of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/record. An employee relations. Union representatives shall have access to personnelfile in the Employer's premises presence of hidher manager or designate duringoffice hours at a mutually time, but in order to provide no event later than five (5) days after the required assistanceinitial request. Employees involved in such discussion An employee has been discharged or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action suspended shall be taken based on given the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place opportunity of employment, it shall be with payseeing Union representativebefore isrequiredto leavethe Company's premises.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any 10.01 When an employee covered by this Agreement is called to the office to be interviewed concerning any matter which might reasonably be anticipated to result in the discipline or discharge of the employee, he/she may be accompanied by a member of the Union Executive if he/she so desires. The Union representative shall be available within a reasonable period of time. (a) In the event an employee who has attained seniority is suspended or dismissed discharged from employment and the employee feels that an injustice has been done, the case may be taken up as a grievance. (b) Notwithstanding 10.02 (a) an employee who has not attained seniority may be discharged and a lesser standard of just cause will apply. 10.03 All such cases shall be taken up within five (5) days and disposed of within seven (7) days (or such longer period as may be mutually agreed upon) of the date the employee is notified of the discharge, except where a case is taken to Arbitration. A claim by an employee that he/she has been unjustly discharged shall be treated as a grievance, as defined by Article 10.02, if a written statement of such suspension or dismissal, be provided grievance is lodged with written notification which shall state the reasons Manager of Employee Services within ten (10) days after the employee ceases to work for the suspension Employer, or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee is notified in writing of the termination, whichever is later. All steps of the Grievance Procedure prior to Step 3 may be omitted in such cases. 10.04 Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any dissatisfaction concerning his/her work within other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. 10.05 All documentation with respect to discipline will be removed from an employee's file after five (5) working days of years from the occurrence or discovery of date the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be discipline was taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.providing that: (a) Employees shall have there has been no further disciplinary action taken against the right, at employee for any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld.infraction; and (b) Employees shall have the right to have discipline was not a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place suspension of employment, it shall be with pay.three (3) or more days; and

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended Except for such reasons as reduction in operations or dismissed shall within five (5) days of such suspension or dismissalchanges in service, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, discipline and/or discharge shall be subject only for just cause. The Employer will maintain its present plan of progressive discipline which encourages informal counseling prior to formal discipline or discharge for just cause. Regularly scheduled employees who have satisfactorily completed the probationary period who are disciplined or discharged for just cause shall be entitled to utilize the provisions of the grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing 5 of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionthis Agreement. If this procedure just cause is not followedproved, such expression personnel records shall be cleared of dissatisfaction shall not become a part of his/her record for use against him/her at any timereference to this matter. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to representation upon request at all levels on any matter adversely affecting their conditions of employment. The Employer will apply the principle of corrective discipline which may include perfo1mance evaluations, verbal warning, written warning, suspension, and discharge for poor work performance, absenteeism and policy infractions. An investigation will be conducted prior to formal discipline or discharge for just cause. The employee shall have the right to choose the presence of a Shop Xxxxxxx present on all matters relating Union delegate during any disciplinary meeting, or investigatory meeting which may lead to employer/employee relations. 42.06 If, upon investigationdiscipline. The Union will provide and regularly update its list of Union Delegates to Human Resources. If the delegate of choice is not readily available, the employee will be asked to choose another Delegate who is available; All parties agree to make all reasonable efforts to meet, investigate, and to complete and provide any subsequent written notices for corrective action to the affected employee within twenty (20) calendar days from the date the Employer feels became aware of the event or incident or practice that gave rise to the discipline. The employee and delegate, if requested, will be notified of the purpose of the investigative corrective discipline meeting. The Employer will not be required to apply the foregoing in instances wherein the nature of the offense is such as to apply suspension or immediate discharge. Copies of such notices wil1 be provided to the employee on request at the time formal disciplinary action is necessary, such action taken or shortly thereafter. The employee shall be taken based on requested to sign the Collective Agreementwritten warning or suspension to indicate that she/he has seen and comprehends the nature of the disciplinary action. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should Verbal and written warnings shall be removed from his/her place of employment, it shall be with paythe employee's personnel file after one ( 1) year if no further corrective action regarding similar matters is taken during such one (1) year period.

Appears in 1 contract

Samples: Service Unit Agreement

Discipline. 42.01 Any (a) The Company will give an employee who written notice of discharge, suspension or any other disciplinary action for just cause, stating the exact nature and details of the infraction. Copies of notices of discharge, suspension or any other documented disciplinary action will be provided to the Union immediately following the application of discipline. These notices and any disciplinary actions may be the subject of a grievance and processed in accordance with the Dispute Resolution Process of this agreement. (b) Where an employee is suspended required to meet with a representative of the Company for the purpose of applying discipline to the employee, the employee will be entitled to have a Union representative present during such meeting. The Company will so inform the employee prior to such meeting taking place, of their right to Union representation. However, should the Union representative be unavailable, the Company will not be prevented from taking disciplinary action. (c) An employee has a right to examine their Personnel file upon request. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and the reply will become part of their permanent record. (d) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the twenty-four (24) month period, the disciplinary notices will be removed from the employee’s Personnel file. The Union and the Company may mutually agree to increase or dismissed shall within decrease the period that past disciplinary notices are deemed void and removed from the employee’s Personnel file. (e) Suspensions of five (5) days of such suspension or dismissalmore, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissalsthat are not progressive in nature, suspensions and other disciplinary action, shall be are not subject to formal grievance procedure as outlined removal in Article 12, if accordance with Clause 4.02.(d). and will remain on the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days employee’s personnel file when they are imposed for one of the occurrence following reasons: • Workplace Violence; • Criminal Activity; • Personal/Psychological, Discriminatory or discovery Sexual harassment; and, • Inappropriate use of the incident giving rise to the complaint. This notification shall include particulars of work performance EPCOR Assets and Resources (including EPCOR’s name or brand, computers and electronic resources and intranet, internet and e-mail) (f) Where a supervisor documents an oral reprimand which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental was given to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative employee will be made aware of the Union attend the meetingsuch documentation. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissalEmployees will be notified in writing, be provided with written notification which shall state a copy to the reasons for Union and the suspension or dismissal. 42.02 All dismissalsemployee’s personnel file, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work infraction within five ten (510) working days of the occurrence or discovery of the incident giving rise to such work infraction or within ten (10) days of the complaint. This notification shall include particulars date the Board becomes aware of work performance which led the incident giving rise to such dissatisfactionwork infraction. Employees who are suspended, discharged or otherwise disciplined will be given a written confirmation, with a copy to the Union and the employee’s personnel file, within ten working days of the incident giving rise to such suspension, discharge or disciplinary action. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply Any employee may make a written reply to the above-noted correspondence to the Superintendent of Human Resources and the Bargaining Unit President. Such reply will be placed in respect the employee’s personnel file. The parties recognize the value of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is progressive discipline to be taken by corrective in its application. The Board agrees that it will not use past suspensions, disciplinary actions, letters of reprimand and adverse reports against any employee for current infractions provided that such suspensions, disciplinary actions, letters of reprimand and adverse reports have occurred more than twenty-four (24) months from the Employer, or a representative current infractions and provided that the said employee has an unblemished record for the twenty-four (24) months immediately prior to the date of the Employer, current infraction. An employee may request in writing to have a letter removed from file after twenty-four (24) months if that employee has had no additional letters put in file since the employees are entitled to have, at their request, a representative date of the Union attend letter in question. Provided an employee provides twenty-four (24) hours notice to the meeting. (a) Employees Human Resources Department, an employee shall have the right, at any timeduring normal business hours, to have access to review personnel file in the assistance presence of a full-time representative(s) member of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor Human Resources Department and such permission will not be unreasonably withheld. (b) Employees shall have the right to respond in writing to any document contained therein, such a reply becoming part of the permanent record. An employee may be accompanied by a Union official when reviewing the file. Where a supervisor intends to meet with an employee for purposes that may result in disciplinary action, the supervisor shall notify the employee in advance of the meeting of right to Union representation. Regardless of whether or not an employee decides to have a Shop Xxxxxxx representative from the Union present on all matters relating to employer/at meetings requested by Board supervisors, no employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable requested to investigate the matter sign a statement of facts pertaining to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paytheir own situation without a Union Xxxxxxx present.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.Section 3:01 Complaints Against Employee (a) Employees If an employee shall have become the rightsubject of a complaint: (1) Any discussion between the Administration and the employee regarding the allegation shall be conducted in a private setting; (2) Prior to any final action of a disciplinary nature being taken, a disciplinary conference shall be conducted between the administrator and the employee in accordance with the provisions of this Article; (3) The Administration shall, at any timeall times, to have proceed in a manner which assumes the assistance of a full-time representative(s) innocence of the Union on all matters relating to employer/employee relations. Union representatives shall have access until such time as the allegation is supported by evidence to the Employer's premises in order to provide contrary; and (4) At any disciplinary conference, the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not employee may be unreasonably withheldaccompanied by a Federation representative. (b) Employees The Board shall have defend and hold harmless any employee for actions fully within the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationscourse and proper scope of employment as is provided in La. R.S. 17.416.3 and 17.416.4. 42.06 If(c) Complaints involving corporal punishment and/or moral offenses concerning students which become the subject of any disciplinary conference shall be reduced to writing with sufficient specificity to fully apprise the employee of the nature and substance of the allegations along with the identity of the person(s) making the allegations. A period of at least 72 hours will be allowed by the principal or administrator who called the disciplinary conference for the employee to prepare a response to the allegations. No decision regarding discipline will be made prior to expiration of the 72-hour period or prior to receipt of the employee's response, upon investigationwhichever occurs first. (d) If the accusation(s) is (are) determined to be unfounded, all documents relating thereto shall be expunged from the files of the Board. Section 3:02 Just Cause Procedure (a) Prior to taking disciplinary action against any employee, the Employer feels that employer shall convene a conference with the employee unless otherwise agreed by the employee and employer. Forty-eight (48) hours of notification shall be given to the employee in order to secure representation. The employee shall appear with his Federation representative unless he expressly disclaims the representation of the Federation. If he disclaims the representation of the Federation, he shall so indicate on an official disclaimer form to be printed in quadruplicate and made available by the Board. One (1) copy of the disclaimer form shall be placed in the employee's personnel file, one (1) copy shall be given to the employee, one (1) copy shall be given to the Superintendent and one (1) copy shall be given to the Federation. No more than two (2) representatives shall be present and speak on behalf of an employee at disciplinary conferences without the consent of the principal, supervisor or administrator conducting the conference. By Federation representative is meant any individual, exclusive of legal counsel, allowed by the Federation to represent Federation members and Bargaining Unit employees. (b) One purpose of this conference will be to fully explain to the employee the reasons why disciplinary action is necessarybeing considered or why it may be warranted before any discipline is imposed. (c) Another purpose of the conference is to give the employee the opportunity to present any information, such action evidence or mitigating circumstances which he believes should preclude or moderate any disciplinary action. (d) The employee's building level file shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels available at this conference for review by the employee should and by the employee's Federation representative if the conference is held on building grounds. If there is a dispute concerning what is or is not contained in the employee’s official personnel file, meaning the file maintained by the Department of Human Resources, this file shall also be removed from his/her place of employment, it available for review before the conference is concluded. The official personnel file shall always be with payavailable for review if the disciplinary conference is held at the School Board office.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who E7.01 The purpose of discipline is suspended to maintain those standards of conduct and rules that are desirable or dismissed shall within five (5) days necessary in achieving the goals and objectives of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalorganization. 42.02 All dismissalsE7.02 A disciplinary measure, suspensions and other disciplinary actionin the form of an oral or written reprimand, suspension, financial penalty or termination shall be subject imposed on an employee for just cause. E7.03 The Employer agrees that, prior to formal grievance procedure as outlined in Article 12imposing discipline, if the Employer will undertake an investigation, which includes meeting with the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistanceemployee an opportunity to hear the issues or allegations. Employees involved The Employer shall endeavor to obtain all other relevant information and shall interview other employees or any witnesses as appropriate. The employee shall have the opportunity to respond to the evidence or allegations from the investigation. E7.04 When safety or security concerns exist or when his or her continued presence in such discussion or the workplace could impede the conduct of the investigation, an employee may be suspended with pay pending conclusion of the investigation of grievance which action shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldconsidered to constitute discipline within the meaning of this Article. (b) E7.05 The Employer shall advise the employee of the results of the investigation and should the Employer determine that disciplinary action is warranted, shall so inform the employee. In the case of an oral reprimand, the employee shall be informed verbally. In the case of more severe discipline, the Employer shall provide the employee a written letter of discipline, at the time of the disciplinary action, stating the grounds on which a disciplinary measure is imposed. An employee’s signature on the letter shall be considered to be an indication only that its contents have been read and shall not indicate concurrence with the statements contained on the form. E7.06 Employees shall have the right to have representation during the investigation and disciplinary process. E7.07 The Employer agrees not to introduce as evidence in a Shop Xxxxxxx present on all matters grievance or adjudication hearing relating to employer/disciplinary action any document concerning the conduct or performance of an employee relationsthe existence of which the employee was not aware at the time of filing a grievance or within a reasonable time thereafter. 42.06 If, upon investigation, the Employer feels that E7.08 Notice of disciplinary action is necessary, such action which may have been placed on the personnel file of an employee shall be destroyed after two years have elapsed since the disciplinary action was taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payprovided that no further disciplinary action has been recorded during this period.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any Section 8.1 Employees may be disciplined or discharged for just cause and with due process, in conformance with Sections 1.24.930, .940, .950, .951, and .955 of the Tacoma Municipal Code. The discipline will be based on the severity of the offense and prior record of discipline. Section 8.2 The employee who shall be entitled to have a Union representative present at any meeting that the Employer holds with the employee to discuss potential disciplinary action or when disciplinary action is suspended issued. Section 8.3 At the request of the employee or dismissed the Union, the Employer shall within hold a pre- disciplinary hearing as soon as reasonably possible after the employee was notified in writing of the specific alleged violation that may result in a suspension, demotion, or termination. At this hearing, the employee will be given an opportunity to present his/her side of the issue. Section 8.4 The Employer shall make a copy of all documents in its possession and relevant to the alleged violation available to the employee and the Union representative five (5) days prior to the hearing if possible. Where this is not possible, the Employer and the Union will reach a mutual agreement on the continuance of such suspension the hearing or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalother remedy fair to both parties. 42.02 All dismissalsSection 8.5 The Employer may place an employee on paid administrative leave pending a pre-disciplinary hearing, suspensions and other when deemed appropriate, pending a final decision as to the appropriate discipline after receiving the recommendation from the pre-disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desireshearing. 42.03 Section 8.6 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of and the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the EmployerUnion representative, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsinspect the contents of the personnel file maintained by the Employer as well as any files which were used as part of the disciplinary process. 42.06 IfSection 8.7 No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and given a copy. The notification requirement shall be satisfied if the document is mailed to the employee’s last known address. The employee shall be required to sign a written reprimand or other disciplinary action acknowledging that they have read the contents of the document. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall have the opportunity to place a rebuttal statement in the personnel file, which shall be signed by the employee. An employee who waives this right shall acknowledge such in writing. Letters of reprimand and written and oral warnings- may be grieved only through Step 4 of the grievance process. However, at Step 4, these lower levels of discipline will be forwarded to the Human Resources Director, or their designee, in lieu of the City Manager/Utilities Director. Section 8.8 A suspension, a dismissal or a disciplinary reduction in rank or pay may be processed under the grievance procedure of the agreement or submitted to Civil Service Board, if it falls under Civil Service Board jurisdiction. Should the employee elect to use the Civil Service Board procedure to appeal a disciplinary action, the employee irrevocably waives the right to appeal through the grievance procedure. Similarly, should the employee elect to use the grievance process, the employee irrevocably waives the right to appeal through the Civil Service Board procedure. Section 8.9 The Employer and the Union recognize the intent of a “letter of reprimand” is for the purpose of modifying inappropriate behavior. Said actions shall state, in writing to the employee and the Union, the reason(s) for such action. The Employer agrees that all disciplinary actions and letters of reprimand are considered grieved if used to support a suspension, discharge, or demotion and will be subject to “Just Cause.” Section 8.10 The Employer recognizes the right of an employee to Union representation during the investigative phase of corrective action and the Employer shall make a good faith effort to inform the employee of this right and shall, upon investigationrequest by the employee, provide Union representation; however the Employer’s effort shall not be considered a required step and shall not be subject to the grievance process. An employee who waives this right shall acknowledge such in writing. Section 8.11 All letters of reprimand, suspensions and/or discharges must be issued within sixty (60) calendar days of the incident or within sixty (60) days of when the employer had knowledge of an incident. The Union will be notified of an ongoing investigation which is anticipated to exceed this time frame. All timeframes can be extended upon mutual agreement by the parties. In addition, if an employee is on an authorized leave of absence or on FMLA leave, the Employer feels that disciplinary action is necessary, such action shall timeframe will be taken based on the Collective Agreement. In situations where the Employer is unable extended thirty (30) calendar days after their return to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with paywork.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who Section 15.1 Employees may be disciplined or discharged for just cause and with due process, in conformance with Sections 1.24.940 and 1.24.955 of the Tacoma Municipal Code. The discipline will be based on the severity of the offense and the employee’s prior record of discipline. The parties agree that the underlying assumption of discipline is suspended or dismissed shall within five (5) days of such suspension or dismissal, to be provided with written notification which shall state the reasons for the suspension or dismissalcorrective and progressive in nature. 42.02 All dismissals, suspensions and other Section 15.2 The employee shall be entitled to have a Union representative present at any meeting held with the Employer to discuss potential disciplinary action. Section 15.3 The Employer agrees to notify the Union in writing, shall which may be by e-mail, as soon as practicable that an employee may be subject to formal grievance procedure as outlined dismissal, suspension or a reduction in Article 12, if the employee so desiresrank or pay. 42.03 Section 15.4 The Employer shall notify an hold a pre-disciplinary (Xxxxxxxxxx) hearing after the employee and the Union representative are notified in writing of any dissatisfaction concerning the specific alleged violation, unless the employee waives the hearing in writing. At this hearing, the employee will be given an opportunity to present his/her work within five side of the issue. Section 15.5 No later than three (53) working days of the occurrence or discovery of the incident giving rise prior to the complaint. This notification pre-disciplinary hearing, with the employee’s authorization, the Employer shall include particulars make available to the employee and the employee's Union representative, a copy of work performance which led all documents relevant to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of the alleged violation(s) the Employer has in his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which possession. Section 15.6 The Employer may be detrimental to place an employee on paid administrative leave pending the final decision resulting from the pre-disciplinary (Xxxxxxxxxx) hearing. Section 15.7 The employee and the employee's advancement or standing Union representative, with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employeremployee's authorization, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsinspect the contents of the personnel file maintained by the Employer. 42.06 If, upon investigation, Section 15.8 Disciplinary material shall be maintained in the Employer feels that official Human Resources personnel file. No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and given a copy. The employee shall be required to sign a written reprimand or other disciplinary action is necessaryacknowledging that they have read the contents of the document. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall have the opportunity to place a rebuttal statement in the personnel file, such action which shall be taken based on signed by the Collective Agreementemployee. In situations where Letters of reprimand shall not be subject to the Employer is unable grievance procedure. A discipline of less than a one-day suspension, at the end of a three-year period, shall not be used as the basis for progressive discipline and upon the employee’s written request to investigate the matter to its satisfaction, but feels the employee should Human Resources Director shall be removed from his/her place the employee’s personnel file. If the discipline is used as the basis for progressive discipline within the three-year period, the three-year period begins with the subsequent discipline. Section 15.9 A suspension in excess of employmenttwo (2) days, it shall a dismissal or a disciplinary reduction in rank or pay may be with pay.processed through all steps of the grievance procedure provided for in Article 5 of this Agreement. Suspensions of two (2) days or less are not subject to Step 5.8 of the grievance procedure, but may be processed through Section 5.7, Step 4, of Article 5 of the

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any No employeewho has completed probationary period shall be disciplinedor discharged except for just and reasonable cause. The foregoing shall not applyto temporary have worked less than six (6) months. A discharged temporary employee who is suspended or dismissed shall within five has worked less than six (56) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, months shall be subject deemed to formal grievance procedure as outlined in Article 12, if the have been discharged for just and reasonable cause. An employee so desires. 42.03 The Employer shall notify an employee be notified in writing of any dissatisfaction concerning his/her written expression of dissatisfactionconcerning work within five (5) working 5)working days of the occurrence or discovery cause for dissatisfactionbecoming known to Supervisor. A copy of the incident giving rise such written expression of dissatisfaction shall be provided to the complaint. This notification shall include particulars Local Union President or designate within twenty four (24) hours of work performance which led issuance to such dissatisfactionthe employee. If this procedure is not followed, such expression of dissatisfaction shall dissatisfactionshall not become a part of his/her record their disciplinary records for use against him/her at any time. This Clause Article shall apply in respect not prevent oral butsuchoralexpressionsmust be reducedto writingwithin five (5)working days beforebecoming part of any an employee’s The ”written expression of dissatisfaction relating mean any discipline which is reduced to his/her work writing, including written suspensions, disciplinary demotions and discharge. Oraldiscussionsand e-mails which are communication by way of feedback or otherwise coaching and are not clearly identified as expressions of dissatisfaction” shall not form part of the employee’s record. However, evidence of such communications may be introduced in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a or the Union that an employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to establish the standard or expectation of the Company regarding the performance of the employee or employees generally. The employee’s reply to such written expression of dissatisfaction,if receivedwithin five (5)working days after has been given the notice referred to in Article above, shall become part of hisher record. If such reply is not so received, it will not become part of record for use by at any time. An employee shall be within five (5) working days of receipt, with any other complaint or accusation concerning which may be detrimental to an employee's hidher advancement or standing with within the Employer. 42.04 When employees are Company. The employee's reply to such complaint or accusation, if received within five (5) working days after has been given the complaint or accusation, shall be come part of hidher record. An employeeshall haveaccessto hidher personnelfile inthe presence of hidher department manager or designate during office hours at a mutually agreeable time, but in no event later than five (5)working days after the initial request. An employee who has been discharged or suspended shall be given the opportunity of seeing Union representative before is required to attend a meeting where a disciplinary decision concerning them is to be taken by leave the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingCompany's premises. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 A. The Employer shall have the right to discipline, suspend, or discharge an employee for proper cause. The parties recognize, where practicable, the principles of progressive discipline will be implemented, except in the cases of serious or gross violation, such as assault, theft, routine abuse or negligence involving district equipment/vehicles and immoral or indecent conduct. B. The Employer will notify an the employee in writing of any dissatisfaction concerning hisdisciplinary penalty he/she receives. Such notice to him/her work within shall also set forth the reason(s) for the Employer’s action. The president may also be sent a copy of this notice. The local union president and vice president may receive copies of suspensions and termination at such time as notice is given to the employee. The local union president or vice president should be present at the time disciplinary action is imposed. This may be the request of the Employer of the Union. C. If the Employer determines that there is or may be proper cause for the discharge of an employee but it wants to review the matter further, the Employer may elect to first suspend the employee for up to five (5) working days of the occurrence or discovery of the incident giving rise prior to the complaintdetermination for the Employer’s final decision on the matter. This notification shall include particulars If, following such a suspension, the Employer’s final decision is to give the employee a disciplinary layoff rather than a discharge, any days he/she is so suspended will be counted in the total number of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part days of his/her record discipline. An employee who is discharged who elects to contest the Employer’s decision or the Union may file a written grievance beginning at Step 4 of the grievance procedure set forth in Article 7. D. Any employee found to be unjustly suspended and/or discharged shall be reinstated with full compensation for use against him/her at any timeall lost time and with full restoration of all other rights and conditions of employment. E. The Union agrees the Employer shall have the unconditional right to terminate a probationary employee. This Clause Article 7 shall apply in respect not be applicable to or be utilized to protest the Employer’s termination of any expression of dissatisfaction relating to a probationary employee. F. An employee may review his/her work or otherwise which may be detrimental personnel file upon making a request to an employee's advancement or standing with the Employerdo so. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who X. Xxxxx bargaining unit member is suspended called to meet on a matter which involves the investigation of facts and the bargaining unit member reasonably believes the matter could lead to discipline, upon that bargaining unit member's request, the Hospital will allow the bargaining unit member to be represented with a Union Xxxxxxx or dismissed shall within five (5) days of such suspension Representative at the meeting. There must be just cause for all discharge or dismissal, be provided with written notification which shall state discipline issued by the reasons for the suspension or dismissalHospital. 42.02 All dismissalsB. The Hospital follows the general principles of progressive discipline. However, suspensions major violations ofwork rules and other policies are cause for severe disciplinary actionaction including discharge, shall be subject to formal grievance procedure as outlined in Article 12determined by the Hospital, regardless ofwhether previous disciplinary action has been taken. C. Except where prohibited by law, if after an eighteen ( 18) month period oftime following the employee so desires. 42.03 The Employer shall notify an employee in writing issuance of any dissatisfaction concerning his/her work within five (5) working days discipline there was been no discipline of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employersimilar nature, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission disciplinary notice will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/the Employee's personnel file upon the written request of the Employee. X. Xxxxxxxxxx a bargaining unit member's Personnel File: A Union Representative or Xxxxxxx may inspect material from a bargaining unit member's personnel file when such inspection is related to the investigation of a grievance, provided the Hospital has been given specific written consent for such inspection by the affected bargaining unit member(s). 2831.000/1710444.1 33. The bargaining unit member may, during normal business hours of the personnel office, review his or her place of employment, it personnel file to the extent permitted by law. The bargaining unit member shall be with payallowed by the Supervisor or Department Head to read, sign and receive copies of personal evaluations or letters of warning prior to their placement in the bargaining unit member's personnel file. The bargaining unit member will receive a copy of the evaluation and/or letter of warnmg. There shall be no strikes, lockout, or other stoppages or interruption of work, including sympathy strikes, during the term of this Agreement. Hospital shall provide space on a bulletin board in the immediate vicinity ofthe Laboratory. A designated Union representative·shall be responsible for posting material submitted by the Union. The Union agrees that it will not post materials that are derogatory of the Hospital or management. Both the Union and Hospital shall have a key to the bulletin board. The Hospital shall not access the bulletin board until a request has been made to the Union, in writing, and a reasonable time given for discussion. If any provision of this Agreement or any application thereof is held by an agency or court of competentjurisdiction to be contrary to law, then such provision or application of this Agreement shall be deemed invalid to the extent required by such agency or court decision, all other provisions shall continue in full force and effect.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction A. Non-probationary bargaining unit members shall not become be discharged or disciplined without just cause, which must be substantiated by a part preponderance of his/her record for use against him/her at any timeevidence. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a fullNewly-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall hired probationary bargaining unit members do not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsgrieve termination. 42.06 IfB. Bargaining unit members may request the attendance of two (2) authorized representatives during an investigatory meeting with the member or during a meeting imposing discipline. (e.g., upon one (1) authorized bargaining unit representative and one (1) authorized non-employee representative) at the employee’s determination. C. Bargaining unit members shall cooperate in all investigations, when requested. Failure to cooperate may result in disciplinary action. Section 2: Investigations The parties recognize that from time to time the City must investigate allegations made against bargaining unit members covered by this Agreement. In order to investigate allegations, the parties agree that if management needs to interview a bargaining unit member and the bargaining unit member reasonably believes that discipline may result; the investigation shall be conducted as follows: A. Bargaining unit members subject to disciplinary investigations may berepresented by any individual of their choice, at the bargaining unit member’s expense, who may be present at all times during any meeting in which the bargaining unit member is being questioned relative to alleged misconduct that could result in disciplinary action. The representative(s) chosen must be available within twenty-four (24) hours of the scheduled meeting, or the bargaining unit member must choose another representative or proceed without a representative. The above-mentioned timeframes may be extended by mutual agreement in writing. B. Prior to questioning, the bargaining unit member and his representative(s), if any, shall be provided copies of a written complaint as well as any statements or recordings concerning the allegation(s) or complaint(s). Management shall document verbal complaints and provide the bargaining unit member a copy, prior to initiating an investigation. C. Within fifteen (15) calendar days after completion of the investigation, the Employer feels person responsible for conducting the investigation shall issue a written report to the Human Resources Director documenting the facts discovered during the investigation. Upon receipt, the Human Resources Department shall provide a copy to the FOPE. D. The report will reflect whether or not the bargaining unit member should receive instruction and cautioning, or whether or not there is just cause for disciplinary action. If the Department Head concludes that just cause exists for disciplinary action is necessaryaction, such action the Department Head or their designee shall prepare a Notice of Intent to Discipline. E. Bargaining unit members relieved from duty during an investigation shall be taken based placed on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactionpaid Administrative Leave, but feels the employee should be removed from his/her place of employmentexcept for circumstances outlined in Article 9, it Section 8. F. No bargaining unit member shall be with payrequired to submit to any device that is designed to measure truthfulness. G. Whenever a bargaining unit member is called to provide testimony in an investigation, that time shall be considered time worked for the purpose of computing overtime. Management is not compelled to conduct any investigation prior to instruction and cautioning or initiating disciplinary action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 ‌ 20.1 Discipline of a member under this Article may include any written reprimand, demotion, suspension with or without pay, or dismissal from service. The Board subscribes to the principles of progressive discipline. No disciplinary action shall be instituted against any bargaining unit member without just cause. Any employee who is suspended disciplinary action shall be predicated upon written charges related directly and substantially to the alleged unsuitability of the member to discharge his professional responsibilities. Discipline shall not be used to restrain members in the exercise of academic freedom or dismissed shall within five (5) days other rights of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalcitizens. 42.02 All dismissals20.2 When Management has reason to believe an incident(s) has occurred which might serve as grounds for discipline, suspensions it shall investigate prior to the application of Section 20.3 below. Interviews with the employee and other disciplinary actionothers may be conducted during any such investigation. Before such interview occurs, the member shall be subject advised of his right to formal grievance procedure as outlined Union representation and shall acknowledge in Article 12writing that he has been given such opportunity. If the individual refuses to make such written acknowledgment, if the employee so desires. 42.03 The Employer Management shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend prior to the meeting. (a) Employees shall have 20.2.1 In cases where the rightPresident/Chancellor believes that an employee's presence on campus may endanger himself or others, at any time, to have the assistance of employee may be placed on a full-time representative(s) paid leave pending completion of the above process. 20.3 Prior to imposing any disciplinary action, the appropriate Management official shall meet with the member who shall be given the opportunity to be accompanied by a Union on all matters relating representative. The member shall acknowledge in writing that he has been given the opportunity to employer/employee relationsbe accompanied by the Union representative. If the individual refuses to make such written acknowledgment, Management shall notify the Union representatives shall have access representative prior to the Employer's premises in order to provide the required assistancemeeting. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 IfAt this meeting, upon investigation, the Employer feels that disciplinary action is necessary, such action written charges shall be taken based on presented to the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payemployee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who is suspended or dismissed 18.01 This procedure shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalapply to all non-probationary employees covered by this Agreement. 42.02 18.02 All dismissalsemployees shall have the following rights: a) An employee shall be entitled to representation by a Union representative at each step of the disciplinary procedure. b) An employee shall not be coerced, suspensions intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as the result of the exercise of his rights under this procedure. 18.03 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the Employer's Rules and other Regulations and the employee’s employment shall be terminated. 18.04 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible. 18.05 Where the Employer seeks to impose disciplinary action, notice of such discipline shall be subject to formal grievance procedure as outlined made in Article 12, if writing and served on the employee so desirespersonally or by registered or certified mail, return receipt requested. 42.03 18.06 Discipline shall not be implemented until either: a) the matter is settled, or b) the employee fails to file a grievance within the time frame provided by this procedure, or c) the grievance is denied at Step 2 of the Grievance Procedure 18.07 The Employer Notice of Discipline served on the employee shall notify an be accompanied by written statement that: a) the employee in writing of any dissatisfaction concerning his/her work has a right to object by filing a grievance within five (5) working days of the occurrence or discovery receipt of the incident giving rise Notice of Discipline; b) the Grievance Procedure provides for a hearing by an independent arbitrator as its final step; c) the employee is entitled to representation by a Union representative at every step of the proceeding. 18.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph 18.12, until the matter is processed through Step 2 of the Grievance Procedure. 18.09 The following administrative procedures shall apply to disciplinary actions: a) The Employer and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The Employer is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the complaintformal presentation of written charges. This notification shall include particulars The specific nature of work performance which led the matter will be addressed, and the Employer may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to such dissatisfactionrepresentation by the Union during the initial discussion. b) If a mutually agreeable settlement is not reached at this informal meeting the Employer will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the employee. If this procedure no informal meeting is not followedheld, such expression the Employer may just prepare a Notice of dissatisfaction Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee’s rights in the procedure, and the right of representation. c) Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the Police Chief, pursuant to Step 2 of the Grievance Procedure. The appeal must be filed at Step 2 within five (5) working days from receipt of the Notice of Discipline. 18.10 A failure to submit an appeal within the above time limit shall not become a part of his/her record for use against him/her be construed as an agreement to the disciplinary action by the affected employee and Union. All subsequent appeal rights shall he deemed waived. 18.11 A disciplinary matter may be settled at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative The terms of the Employer, the employees are entitled settlement shall be agreed to have, at their request, in writing. An employee executing a representative settlement shall be notified of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present Union representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all matters relating to employer/employee relationsparties. The Union shall be notified of all settlements. 42.06 If, upon investigation, 18.12 An employee may be suspended with pay at any time during the Employer feels that process. A suspension without pay may be imposed concurrent with or subsequent to the decision at Step 2 of the Grievance Procedure. 18.13 All appeals of disciplinary action is necessary, such action actions taken against any non-probationary employees shall only be taken based on appealed through the Collective Agreement. In situations where the Employer is unable Grievance and Arbitration Procedures herein contained and shall not he appealed to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payany Civil Service Commission.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any 6.01 The right of dismissal and maintenance of discipline affecting employees shall be the responsibility of the Company. However, no employee who is suspended shall be discharged unless he has received a prior warning or dismissed shall within five reprimand for just cause. When the offenses involved are of major significance, such as the following, immediate discharge may result: (5a) days the sale, use, possession, or being under the influence of such drugs or alcohol while at work; (b) theft or wilful damage while at work; (c) falsely signing in or out, or punching in or out, or falsifying any time records whatsoever of himself or another employee(s); (d) repeated unauthorized absenteeism; (e) failure to report accidents that employees either witness or have been involved in. 6.02 In cases of suspension or dismissaldischarge, be provided with the Company shall mail a copy of the written notification which shall state notice to the reasons for office of the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Union within five (5) working days from the date of suspension or discharge. 6.03 Upon discharge of an employee, the Company shall pay all monies due the discharged employee as soon as the necessary documentation can be processed. An employee who voluntarily terminates his employment shall receive all money due to him on the pay day next following the termination. 6.04 Any employee who is to receive a suspension or discharge shall be removed from his work station and taken to an office. The employee shall be advised of his right to have Union Representation at this discipline meeting, in the presence of his Shop xxxxxxx, or other Union representative. The employee is entitled to refuse such representation, and such refusal shall be noted. During the discipline meeting, the employee shall be advised in writing of the occurrence or discovery of the incident giving rise to the complaintoffence committed. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction An employee shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work be suspended or otherwise which may be detrimental to an employee's advancement or standing discharged without the Company first meeting with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative Regional Representative of the Union attend to review the meetingcircumstances. In cases of alleged theft or serious safety issues an employee may be immediately held out of service. In such instances the Company will meet with the Regional Representative of the Union as soon as possible but no later than 48 hours from time the employee is first held out of service. (a) Employees shall have the right, at be notified in writing of any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relationsgrounds for discipline or discharge. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission Any discipline assessed will not be unreasonably withheldimposed without delay. (b) Employees Any disciplinary record entered on an employee's personnel file shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employmentthe active file after the record or information has been on file for eighteen (18) months, it provided that no further disciplinary action has been recorded during this time. An employee shall be provided the opportunity to review their personal file with paytheir supervisor, provided reasonable notice of said request has been afforded the company. (c) Postponements of above procedures may be mutually arranged. Failure to grieve previous discipline or to pursue such a grievance to arbitration shall not be considered to be an admission that such discipline was justified.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 (a) Any employee who may be called into the manager's office for disciplinary action or to receive a written reprimand shall have a Committee Person present. (b) Nothing herein shall restrict the Employer from calling an employee for investigation or questioning on any phase of the Employer’s operations. (c) The Committee Person shall be present when it is suspended determined that discipline will be issued to the employee during the investigation, or dismissed interview. (d) If the Committee Person shall be present on any of the above conditions, he/she shall in no way interfere with or obstruct such investigation. (e) The Employer reserves the right to suspend an employee immediately, when in its judgment, circumstances warrant such action, but will delay final disposition until the Committee Person is available. Such actions will be taken only in extreme or unusual circumstances. (f) All disciplinary letters, suspensions, shall be in writing and copied to the Unit Chairperson and employee. 6.02 If a union Unit Chairperson is not available (due to holidays, sickness, etc.) an alternate Committee Person will be named to take the place of the union Unit Chairperson who is not available. 6.03 Whenever the Employer deems it necessary to discipline an employee, the Employer shall notify the employee in writing within five fourteen (514) days of such suspension the event, infraction or dismissal, be provided with written notification which shall state the reasons for the suspension misconduct or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident poor performance giving rise to the complaintdiscipline being imposed. This notification Verbal warnings shall include particulars be confirmed in writing. 6.04 Verbal warnings and letters of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction reprimand shall not become a part of his/her record for use be used against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction an employee after twelve (12) months have elapsed, providing another warning or reprimand relating to his/her work the same or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingsimilar offence has not been given within that period. (a) Employees Unjust Suspension or Discharge: Should it be found upon investigation that an employee has been unjustly suspended or discharged, the employee shall have be immediately reinstated in his/her former position, without loss of seniority and shall be compensated for all time lost in an amount equal to his/her normal earnings during the rightpay period next preceding such discharge or suspension, at or by any time, other arrangement as to have compensation which is just and equitable in the assistance of a full-time representative(s) opinion of the Union on all matters relating parties or in the opinion of an Arbitrator if the matter is referred to employer/employee relationsarbitration. Union representatives shall have access All correspondence pertaining to the Employer's premises discipline shall be disregarded and subsequently removed from the personal file after twelve (12) months in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except accordance with permission from their supervisor and such permission will not be unreasonably withheldArticle 6.04. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/When an employee relations. 42.06 If, upon has been suspended pending investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from may request his/her place vacation pay. 6.06 Except where conflicting with other articles of employmentthis agreement, it the conduct of all employees shall be guided by reasonable rules and regulations promulgated by the Employer from time to time. The Union shall be provided with paycopies of newly promulgated rules and regulations.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days ‌‌ 8.1 In the event of such a suspension or dismissaldischarge, be provided the Employee may file a grievance and have it processed in accordance with written notification which shall state the reasons for the suspension or dismissalGrievance Procedure. 42.02 All dismissals8.2 In the event of any reprimand of record to any Employee covered by this Agreement, suspensions and other disciplinary action, the Employee involved shall be subject given a copy of the reprimand as well as a copy of any documents which are placed in any file maintained by the employer for personnel or other purposes, and shall be given an opportunity to formal grievance procedure as outlined present a written statement of position to the employer and to have same placed in Article 12, if the employee so desiresEmployee’s personnel file. 42.03 The Employer 8.3 From the effective date of the Agreement, no entries subsequent to employment pertaining to job performance shall notify be placed in an employee in writing of any dissatisfaction concerning Employee’s file without his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of knowledge and his/her record for use against him/her at any timeright of reply. This Clause When an Employee exercises their right of reply, the reply shall apply be placed in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the EmployerEmployee’s file. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) 8.4 Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsof UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from 8.5 An Employee not performing his/her place of employment, it duties satisfactorily shall be notified by the District of the reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and may have a UNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee shall be confronted or disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and corrective discipline shall include: A. Documented verbal warning(s) or reprimand(s) with copies of the documentation given to the Employee and placed in the Employee’s personnel file; B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s personnel file; and C. Suspension with or without pay. A higher level of discipline including termination may be imposed for serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Employees shall receive a copy of any verbal, written, or disciplinary letters that are placed on their file, with a copy to the Union. Such letters shall become part of the employee's work history. When the Employer schedules a meeting with the employee in this regard, the Employer shall ensure that a Shop Xxxxxxx or alternate is present at such meeting. Verbal, or disciplinary letters shall not be used for the purpose of compounding discipline after one (1) year. If a re-occurrence of the same or similar infraction exists within said year, progressive discipline may apply. Where the Union requires an explanation of reasons for discipline, hours of work, seniority, the Employer agrees to promptly supply same within ten (10) calendar days from the request, either verbally or in writing to the Union. Employees covered by this Agreement will have access to their personnel file upon written request by the employee involved during normal office hours. Any employee who document or discipline that is suspended or dismissed shall within five to be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, but no later than ten (510) days from each occurrence, or from the day of such suspension discovery of the violation. In the event the Employer requests any Bargaining Unit employee to undergo a Polygraph Examination (lie detector) or dismissalsimilar mechanical or physicaltest for any reason, the Employer shall first notify the Union affected to arrange a meeting with the employee, Union Representative, and the Employer, to discuss the test. The Employer shall clearly state that the examination is voluntary, and that there shall be no adverse consequence should the employee decline the requested Polygraph Examination. The employee shall be entitled to Union representation prior to and after the test, as well, the Union Representative shall be allowed to accompany the said employee to the location of the examination, however the Union Representative may not participate in the actual examination. Employees covered by this Agreement, who voluntarily agree to participate in a Polygraph Examination, shall be provided with written notification which shall state a list of questions to be asked during the reasons for the suspension or dismissal. 42.02 All dismissalspolygraph, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise prior to the complaintactual Polygraph Examination. This notification shall include particulars of work performance which led Anonymous calls to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction the Company shall not become a part of his/her record be grounds for use against him/her at any timediscipline, warning letters, etc. This Clause shall apply Nothing will be retained in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerpersonnel file in this regard. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 34.01 Any employee who is suspended or dismissed shall be provided with written notification within five (5) days of such suspension or dismissal, be provided with written any oral notification which shall state the reasons for the suspension or dismissal. 42.02 34.02 All dismissals, suspensions and other disciplinary action, action shall be subject to formal grievance procedure as outlined in Article 128, if the employee so desires. 42.03 34.03 The Employer shall notify an employee in writing parties agree with the principle that employees should be made aware of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of their work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work that may affect their standing or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When , and that employees are required to attend a meeting where a disciplinary decision concerning them is to would not be taken by disciplined for anything that they were not informed or made aware of when the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingdissatisfaction was noted. (a) Employees In the event that an investigation is warranted, the Employer shall have make every reasonable effort to complete its investigation within fifteen (15) days. In the rightevent that more time is required the Employer may request an extension to these time limits from the union, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission request will not be unreasonably withhelddenied. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her their place of employment, it shall be with pay. 34.05 Where the Employer notifies an employee in writing of any dissatisfaction concerning their work or otherwise, which may affect the employee's standing with the Employer, such notification shall be given within five (5) days of the occurrence or upon completion of an investigation of the event. If this procedure is not followed, such expression of dissatisfaction shall not become part of their record for use against them at any time. 34.06 When employees are required to attend a meeting where discipline is to be imposed, such employees are entitled to have, at their request, a representative of the Association in attendance. The Employer shall inform the employee of this right.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days ‌ 8.1. In the event of such a suspension or dismissaldischarge, be provided the Employee may file a grievance and have it processed in accordance with written notification which shall state the reasons for the suspension or dismissalGrievance Procedure. 42.02 All dismissals8.2. In the event of any reprimand of record to any Employee covered by this Agreement, suspensions and other disciplinary action, the Employee involved shall be subject given a copy of the reprimand as well as a copy of any documents which are placed in any file maintained by the DISTRICT for personnel or other purposes, and shall be given an opportunity to formal grievance procedure as outlined present a written statement of position to the DISTRICT and to have same placed in Article 12, if the employee so desiresEmployee’s personnel file. 42.03 The Employer 8.3. From the effective date of the Agreement, no entries subsequent to employment pertaining to job performance shall notify be placed in an employee in writing of any dissatisfaction concerning Employee’s file without his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of knowledge and his/her record for use against him/her at any timeright of reply. This Clause When an Employee exercises their right of reply, the reply shall apply be placed in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the EmployerEmployee’s file. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations8.4. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relationsof UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement8.5. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from An Employee not performing his/her place of employment, it duties satisfactorily shall be notified by the DISTRICT of the reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and may have a UNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee shall be confronted or disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and corrective discipline shall include: A. Documented verbal warning(s) or reprimand(s) with copies of the documentation given to the Employee and placed in the Employee’s personnel file; B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s personnel file; and C. Suspension with or without pay. A higher level of discipline including termination may be imposed for serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any 25.1 No Train and Engine service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to waive investigation, as provided in section 25.5 and said waiver is accepted by the employee. 25.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or via FedEx) or hand- delivered to the employee who is suspended or dismissed shall within five fifteen (515) days of such suspension the Carrier's first knowledge of the act or dismissaloccurrence. The Carrier shall provide the Local Chairman with a copy of the notice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be provided with written notification which shall state the reasons for the suspension or dismissalcalled. 42.02 All dismissals25.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may be postponed by either party due to sickness, suspensions and injury or vacation of principals or witnesses. It may also be postponed due to unavailability of Chosen Representative, Xxxxxxxx Manager or Hearing Officer, except for situation covered by Section 25.3. The hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day. 25.4 Hearings will be held at the home terminal of the Employee. An Employee required to attend a hearing at a location other disciplinary action, shall than at his/her home terminal will be subject to formal grievance procedure allowed personal auto expense as outlined in Article 12Section 3.7 of this Agreement. 25.5 The Carrier may offer a charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee so desires. 42.03 The Employer shall notify an employee in writing will be given the opportunity to allow review of any dissatisfaction concerning said waiver by his/her work within five (5) working days Local Chairman. The waiver will contain the specific amount of discipline and conditions that will be assessed as a result of the occurrence or discovery of the incident giving rise employee waiving his/her rights to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionan investigation. If this procedure said waiver is not followed, such expression declined by the employee the conditions of dissatisfaction same shall not become be used in any other forum by either party. 25.6 Employees may not be suspended pending a part hearing except when the act or occurrence to be investigated is of a serious nature including: Rule G, insubordination, extreme negligence or dishonesty. Employees’ suspended while on duty will be transported to their home terminal. 25.7 The Employee may request that the Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in his/her own behalf. The Employee will have the right to be represented by a representative of his/her record for use against himown choosing and he/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to she and his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on question all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreementwitnesses. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from The Employee and his/her place representative will be provided with an accurate copy of employmentthe hearing transcript within fifteen (15) days of the completion of the hearing if discipline will be assessed. 25.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, it shall which may be assessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a mutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, he/she will be allowed Personal Auto Expense as outlined in Section 3.7 of this Agreement. 25.9 If the finding of the hearing is that the Employee is not at fault, he/she will be so notified and he/she will be compensated for the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with paya minimum of four (4) hours. In addition, the Employee will be paid Dead Heading for travel from home terminal to location of hearing and return. 25.10 If the finding of the hearing is that the Employee is at fault, appeal of discipline assessed must be made within sixty (60) days of the date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to the Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of receipt of appeal. Written response to the appeal will be issued within thirty (30) days from the date of the conference. If the decision of the Carrier on appeal is in favor of the Employee, he/she will be paid in accordance with section 25.9 of this Section. If the appeal is denied, the decision of the Designated Company Official will be final and binding unless within six (6) months of such final denial the claim is disposed of on the property or proceedings for final disposition of the claim under the Railway Labor Act are instituted by the Employee or the duly accredited representative.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any The Employer will not discipline any permanent employee who is suspended or dismissed shall within five (5) days without just cause. Discipline includes oral and written reprimands, reductions in pay, suspensions, demotions, and discharges. Oral reprimands will be identified as such and, if documented, such documentation will be placed in the supervisor’s file only. When disciplining an employee, the Employer will make a reasonable effort to protect the privacy of such suspension or dismissal, be provided with written notification which shall state the reasons for employee. The Employer has the suspension or dismissalauthority to conduct investigations. 42.02 All dismissalsA. Upon request, suspensions and other disciplinary action, shall be subject an employee has the right to formal grievance procedure as outlined in Article 12a union representative at an investigatory interview called by the Employer, if the employee so desires. 42.03 reasonably believes discipline could result. An employee may also have a union representative at a pre- disciplinary meeting. If the requested representative is not reasonably available, the employee will select another representative who is available. An employee seeking representation is reasonable responsible for contacting their representative. During an investigation, employees will answer all appropriate questions truthfully and to the best of the employee’s knowledge. The role of the union representative in regard to Employer-initiated investigations is to provide assistance and counsel to the employee and not interfere with the Employer’s right to conduct the investigation. Every effort will be made to cooperate in the investigation. The employer will notify and advise the employee with updates of the status of the investigation every thirty (30) days until the investigation is complete. Upon notification that the Union is representing the employee for purposes of the investigation the Employer shall notify will provide simultaneous notification to the Union. An employee placed on an alternative assignment during an investigation will not be prohibited from contacting their union xxxxxxx unless there is a conflict of interest, in which case the employee may contact another union xxxxxxx. This does not preclude the Employer from restricting an employee’s access to the Employer’s premises. Prior to imposing discipline, except oral or written reprimands, the Employer will inform the employee and the union staff representative in writing of any dissatisfaction concerning his/her work within five (5) working days the reasons for contemplated discipline and an explanation of the occurrence or discovery evidence, copies of written documents, relied upon to take the incident giving rise action and the opportunity to view other evidence, if any. This information will be sent to the complaintunion staff representative on the same day it is provided to the employee. This notification shall include particulars of work performance which led The employee will be provided an opportunity to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her respond either at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken scheduled by the Employer, or in writing if the employee prefers. A pre- disciplinary meeting with the Employer will be considered time worked. The employer will provide an employee with fifteen (15) calendar days’ written notice prior to the effective date of a representative reduction in pay or demotion. A. A warning notice may be issued in the event an employee receives three or more written reprimands in a twelve (12) month period. The warning notice will notify the employee that the written reprimands will now be considered collectively, not individually and may be subject to employee disciplinary action up to and including dismissal. B. Upon email request by the employee to the Executive Director of the Employer, the employees are entitled to have, at their requestHuman Resources, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission written reprimand will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place the official personnel file twelve (12) months from date of employment, it shall be with pay.issuance if there have been no further written reprimands for a six

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any 27.1 The Employer will not discipline any permanent employee without just cause. 27.2 Discipline includes oral and written reprimands, reductions in pay, suspensions, demotions, and discharges. Oral reprimands will be identified as such. 27.3 When disciplining an employee, the Employer will make a reasonable effort to protect the privacy of the employee. 27.4 The Employer has the authority to conduct investigations. A. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. An employee may also have a union representative at a pre-disciplinary meeting. If the requested representative is not reasonably available, the employee will select another representative who is suspended available. An employee seeking representation is responsible for contacting his or dismissed shall within five (5) days her representative. B. The role of such suspension the union representative in regard to Employer-initiated investigations is to provide assistance and counsel to the employee and not interfere with the Employer’s right to conduct the investigation. Every effort will be made to cooperate in the investigation. 27.6 An employee placed on an alternate assignment during an investigation will not be prohibited from contacting his or dismissalher union xxxxxxx unless there is a conflict of interest, be provided with in which case the employee may contact another union xxxxxxx. This does not preclude the Employer from restricting an employee’s access to the Employer’s premises. 27.7 Prior to imposing discipline, except oral or written notification which shall state reprimands, the Employer will inform the employee and the union staff representative in writing of the reasons for the suspension or dismissal. 42.02 All dismissalscontemplated discipline and an explanation of the evidence, suspensions copies of written documents relied upon to take the action and the opportunity to view other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12evidence, if the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise any. This information will be sent to the complaintunion staff representative on the same day it is provided to the employee. This notification shall include particulars of work performance which led The employee will be provided an opportunity to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her respond either at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken scheduled by the Employer, or in writing if the employee prefers. A pre-disciplinary meeting with the Employer will be considered time worked. 27.8 The Employer will provide an employee with fifteen (15) calendar days’ written notice prior to the effective date of a representative reduction in pay or demotion. 27.9 The Employer will normally provide an employee with seven (7) calendar days’ written notice prior to the effective date of a discharge. If the EmployerEmployer fails to provide seven (7) calendar days’ notice, the employees are discharge will stand and the employee will be entitled to have, at their request, a representative payment of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-salary for time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheld. (b) Employees shall have the right to have a Shop Xxxxxxx present on all matters relating to employer/employee relations. 42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action shall be taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with pay.would otherwise have been scheduled to work had seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 42.01 Any employee who E7.01 The purpose of discipline is suspended to maintain those standards of conduct and rules that are desirable or dismissed shall within five (5) days necessary in achieving the goals and objectives of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalorganization. 42.02 All dismissalsE7.02 A disciplinary measure, suspensions and other disciplinary actionin the form of an oral or written reprimand, suspension, financial penalty or termination shall be subject imposed on an employee for just cause. E7.03 The Employer agrees that, prior to formal grievance procedure as outlined in Article 12imposing discipline, if the Employer will undertake an investigation, which includes meeting with the employee so desires. 42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistanceemployee an opportunity to hear the issues or allegations. Employees involved The Employer shall endeavor to obtain all other relevant information and shall interview other employees or any witnesses as appropriate. The employee shall have the opportunity to respond to the evidence or allegations from the investigation. E7.04 When safety or security concerns exist or when his or her continued presence in such discussion or the workplace could impede the conduct of the investigation, an employee may be suspended with pay pending conclusion of the investigation of grievance which action shall not absent themselves from work except with permission from their supervisor and such permission will not be unreasonably withheldconsidered to constitute discipline within the meaning of this Article. (b) E7.05 The Employer shall advise the employee of the results of the investigation and should the Employer determine that disciplinary action is warranted, shall so inform the employee. In the case of an oral reprimand, the employee shall be informed verbally. In the case of more severe discipline, the Employer shall provide the employee a written letter of discipline, at the time of the disciplinary action, stating the grounds on which a disciplinary measure is imposed. An employee’s signature on the letter shall be considered to be an indication only that its contents have been read and shall not indicate concurrence with the statements contained on the form. E7.06 Employees shall have the right to have representation during the investigation and disciplinary process. E7.07 The Employer agrees not to introduce as evidence in a Shop Xxxxxxx present on all matters grievance or adjudication hearing relating to employer/disciplinary action any document concerning the conduct or performance of an employee relationsthe existence of which the employee was not aware at the time of filing a grievance or within a reasonable time thereafter. 42.06 If, upon investigation, the Employer feels that E7.08 Notice of disciplinary action is necessary, such action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken based on provided that no further disciplinary action has been recorded during this period. This period will automatically be extended by the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place length of employment, it shall be with payany single period of leave without pay in excess of six (6) months.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 42.01 Any employee who All post-probationary employees will not be disciplined to the extent of loss of pay or discharge without first having the benefit of a hearing with a Shop Xxxxxxx present. Such hearing will be held within ten (10) calendar days from the date of the written notice of the precise charge or charges unless the hearing date is suspended or dismissed shall within five (5) days of such suspension or dismissalotherwise extended by mutual written agreement between the parties. However, be provided with written notification which shall state the reasons for the suspension or dismissal. 42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desires. 42.03 The Employer shall notify an employee may be suspended pending such hearing upon the authorization of the Personnel Manager or his designee. The employee will be advised in writing of any dissatisfaction concerning his/her work within five the precise charge or charges not later than ten (510) working calendar days of from the occurrence or discovery time the Company has knowledge of the incident giving rise upon which the charge or charges are based. In cases where the Company cannot place responsibility for the incident within the ten (10) day limit, the ten (10) day period may be extended with written notice to the complaintUnion. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. 42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative Copies of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting. (a) Employees shall have the right, at any time, to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access charges will be presented to the Employer's premises in order to provide employee affected and the required assistanceappropriate Shop Xxxxxxx. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and such permission The employee will not be unreasonably withheld. (b) Employees shall have the right to be present at any disciplinary hearing and have representatives of the Union also present. Such Union representative may be a Shop Xxxxxxx, Chief Shop Xxxxxxx, and other authorized representative of the Union. Normally, only one (1) Xxxxxxx present or Chief Shop Xxxxxxx who works at the location at which the hearing will be conducted, may be present, on Company time, unless it is a discharge hearing. The employee will be permitted to hear the evidence against him and with his representative to question all matters relating witnesses and/or statements against him. A written decision will be made and copies furnished to employer/the employee relations. 42.06 If, upon investigationand the Union after the close of the hearing. If the decision is not accepted by the employee and/or the Union, the Employer feels that disciplinary action is necessaryemployee may file a grievance within ten (10) calendar days of receipt of the Company decision directly at Step III. The General Chairperson and the Personnel Manager, such action shall N.A. may agree to waive consideration of the grievance at Step III and proceed to the System Board of Adjustment. Any agreement to proceed directly to the System Board of Adjustment must be taken based on in writing and signed by the Collective Agreement. In situations where General Chairperson and the Employer is unable to investigate the matter to its satisfactionPersonnel Manager, but feels the employee should be removed from his/her place of employment, it shall be with pay.N.A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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