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 ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement, General Service Collective Agreement, Collective Agreement
Discipline. 42.01 Any Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee who is suspended or dismissed shall within five (5) days and his/her supervisor that action beyond the documentation of such suspension or dismissalmeetings is necessary, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, meeting shall be subject to formal grievance procedure terminated until such time as outlined in Article 12, if a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee so desires.
42.03 The Employer shall notify employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of any dissatisfaction concerning his/her work the possibility within five fifteen (515) working days of the occurrence or discovery of the incident giving rise to the complaintpossible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. This notification shall include particulars The provisions of work performance which led this section are not to such dissatisfactionbe construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. If this procedure is not followed, such expression of dissatisfaction shall not become a part of Providing that the employee involved has completed his/her record initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay 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 the employee involved may be detrimental taken to protect the clients/patients/inmates/students/residents until an employee's advancement investigation is completed, disciplinary is action taken, or standing with management returns the Employer.
42.04 When employees employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are required substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to attend a meeting where a be taken. The conduct for which disciplinary decision concerning them action is being imposed and the action to be taken by the Employershall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for 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 ▇▇▇▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, meeting with 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 appointing authority or his/her place representative prior to the action proposed. A Union representative/▇▇▇▇▇▇▇ may be present. At that ▇▇▇▇▇▇▇▇▇▇ meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), it minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with paythe Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 5 contracts
Sources: 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 who is suspended 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 dismissed shall within five (5) days of such suspension external source, or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissallayoffs due to retrenchment.
42.02 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 dismissals, suspensions discipline shall be documented in writing and other 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 subject 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 formal grievance procedure be acceptance of the rendered discipline or as outlined a waiver of any right to which the employee may be entitled.
15.4 As set forth in Article 124.5.7, a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee so desires.
42.03 The Employer shall notify an when that employee reasonably believes that the interview or meeting may result 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 disciplinary action against him/her her. The Association representative's role at any timean investigative interview or meeting is to consult with the employee. This Clause shall apply in respect of any expression of dissatisfaction relating The CCSNH is free to his/her work or otherwise which may be detrimental to an insist upon hearing the 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 own account of the Employermatter(s) under investigation. The Parties agree that in all cases, the employees are entitled to have, at their request, a representative principles 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 “▇▇▇▇▇▇▇ present on ▇▇▇▇”, “▇▇▇▇▇▇▇”, “▇▇▇▇▇▇▇▇▇▇” and all matters relating other applicable case law shall be observed. The provisions of this Article shall apply to employer/employee relationsboth full- time and part-time covered employees.
42.06 If, upon 15.5 A covered employee who is the subject of a disciplinary investigation shall be notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the Employer feels that disciplinary action is necessaryidentity of the party or parties to perform the investigation, such action and the anticipated date of completion of the investigation. All investigations shall be taken 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 the employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall 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 investigation the employee shall retain his/her current position, status, schedule, assignment and rate of pay, except as provided in Article 15.6, below or as otherwise 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who Section 9.1. The following language on Discipline is suspended or dismissed shall within five (5) days the sole source of such suspension or dismissal, be provided with written notification which shall state rights and obligations of the reasons for the suspension or dismissalparties to this contract in these matters.
42.02 All dismissals, suspensions and other A. An employee may receive discipline for just cause.
B. The University may take disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if action against any employee for actions occurring while the employee so desires.
42.03 The Employer shall notify an employee is on duty, or off duty actions that negatively impact the employee’s ability to function in writing the community, or working under the colors of any dissatisfaction concerning the University, or where the employee’s conduct violates his/her work within five (5) working days oath 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 Employeroffice.
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) C. Employees shall have the right to have Union representation at all hearings to determine discipline and conferences that may result in corrective action; or may choose to present their own case. The Union representative shall not interfere with the investigation; and shall be entitled to speak at the end of the interview. An employee shall be provided a Shop ▇▇▇▇▇▇▇ present on all matters relating reasonable opportunity to employercaucus with his/employee relationsher Union representative.
42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action D. Discipline shall be taken based on according to the Collective Agreementseriousness of the offense and the basic purpose of such action is corrective and not punitive. In situations where The University shall administer progressive discipline that provides the Employer is unable employee the opportunity to investigate understand a problem and the matter steps necessary to its satisfactionimprove identifiable deficiencies.
E. Discipline may be in the form of, but feels not necessarily start at, written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge. Actual suspension time will be specified by hours per discipline.
a. Employees subject to all written discipline (up to and including dismissal) shall receive notification of the actions in writing.
F. Employees who are subject to discipline (except for failure to qualify at the end of their initial probationary period) that immediately results in a suspension, demotion or dismissal shall have a pre- disciplinary conference conducted by a hearing officer prior to the imposition of said action. All charges against the employee should shall be removed from in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated discipline. If facts arise during an investigation that cause the anticipated discipline to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled conference. Such continuance must be requested at least one (1) working day in advance of the scheduled conference. Such continuance shall not exceed fourteen (14) calendar days unless another time is mutually agreed to. The employee must choose to: (1) appear at the disciplinary conference and present an oral or written statement in his/her defense; (2) appear at the disciplinary conference and have one (1) chosen representative present an oral or written statement in his/her defense; or (3) elect in writing to waive his/her opportunity to have a disciplinary conference. Failure of the employee to elect and pursue one (1) of these three (3) options will be deemed a waiver of the employee’s right to the disciplinary conference. At the disciplinary conference, the employee may present any testimony, witness, or documents which explain whether or not the alleged misconduct occurred. Discipline involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision. The hearing officer may impose warning letters in place of employmentsuspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. The Hearing Officer shall issue a written report within ten (10) calendar days of the conclusion of the conference. Should an employee decide to file a grievance over action taken as the result of a pre-disciplinary conference, it such grievance shall be with payinitiated at Step Two (2) of the grievance procedure.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, 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 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇.
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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who Section 1. The County retains the right to adopt rules and regulations for the efficient operation of its departments and conduct of its employees providing these rules and regulations do not conflict with this agreement. It is suspended agreed that the County has the right to discipline or dismissed shall discharge employees for just cause. It is further agreed that disciplinary action will be initiated within thirty-five (535) days, after the date of the pre-disciplinary meeting. The parties agree that the timeline may be extended by written notice of either party. It is agreed that the employee shall receive written notification of an investigation or pre-disciplinary notification, no later than ten (10) days following knowledge of such suspension the alleged infraction. No later than thirty (30) days following the service of the notice of investigation, the employee shall receive notification of a pre-disciplinary meeting or dismissal, be provided with written notification which letter closing the investigation. All investigation and pre-disciplinary notices shall state include the reasons for approximate date and description of the suspension or dismissalalleged infraction. The employer reserves the right to amend the charges/allegations.
42.02 Section 2. The County shall follow the principles of progressive discipline. However, certain offenses, by their nature, may be severe enough to require more severe discipline, up to and including immediate discharge or other appropriate remedy.
Section 3. Written reprimands will remain in an employee's file for twelve (12) months subsequent to the date of reprimand. Suspensions will remain in an employee's file for two (2) years subsequent to the date of suspension. All dismissals, suspensions and other rights to have a disciplinary action, action removed from the employee's personnel file shall be subject waived until the expiration of the latest reprimand or suspension if a second offense occurs within the time period that the disciplinary action is active in the employee's file.
Section 4. Whenever it is necessary to formal grievance procedure as outlined discipline or counsel any employee, Management agrees to do so in Article 12, if a manner that will not embarrass the employee so desiresbefore other employees or the public.
42.03 The Employer Section 5. Anytime a supervisor or representative of Management conducts a disciplinary meeting with a bargaining unit member, they shall notify an the employee and the Union 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 followedwriting, 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 Union representative present. The Union has the right to be present at all disciplinary meetings of bargaining unit members, provided that such union representation must be available subsequent to twenty-four (24) hours after the employee receives the notice of the disciplinary meeting, or at the date and time specified in the notice if the meeting is scheduled to occur after a twenty-four (24) hour period has passed. All notifications of disciplinary meetings shall be in this format: DATE: TO: FROM: SUBJECT: [Must be specific in nature and include date and time, if available] A meeting is scheduled on at to discuss . (location/address) □ I WILL ATTEND THIS PRE-DISCIPLINARY MEETING. □ I REALIZE THAT THE MEETING IS REQUIRED TO ALLOW ME TO BE HEARD; HOWEVER, I CHOOSE TO WAIVE THIS MEETING. Since it is possible that a disciplinary action may occur during or result from this meeting, you have a right to have a union representative present. According to the Union Contract, you are permitted twenty-four (24) hours to secure Union representation for the meeting. You should, therefore, contact your union representative immediately. _ _ _ (Employee Signature) (Date/Time) _ _ _ (Union Representative Signature if available) (Date/Time) cc: Union
Section 6. If disciplinary action is given to an employee, subsequent to and in conjunction with a meeting as described in Section 5, the representing ▇▇▇▇▇▇▇ shall be given a copy of the disciplinary action. It shall not be necessary for the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ to be present on all matters relating when the notice of discipline is delivered to employer/the employee. If no discipline is warranted, the employee relationsshall be given a letter indicating the outcome of the investigation and the closing of the file.
42.06 If, upon investigation, the Employer feels that Section 7. An employee shall be given a copy of any formal disciplinary action is necessaryentered into his/her personnel record.
Section 8. An employee and the Chapter Chairperson shall be given a copy of any performance memorandums or any similar documents which are intended to be counseling tools for employees and are not intended to be disciplinary actions. Performance Improvement Plans (PIP) will be developed between management and the employee and are subject to the grievance procedure if the PIP results in discipline. Counseling will remain active for twelve (12) months subsequent to the date of the
Section 9. Removals may be appealed at the third step of the grievance procedure within seven (7) actual working days of the removal.
Section 10. If an employee receives a suspension, such action suspension shall be taken based on given in hours as defined by the Collective Agreementemployee’s regularly scheduled working day. In situations where Suspensions may be appealed at the Employer second step of the grievance procedure within seven (7) actual working days of the suspension.
Section 11. After ten (10) years from the date of an employee passing a return to duty test or the date of the last positive drug or alcohol test, whichever date is unable to investigate the matter to its satisfactionlater, but feels the employee should a confirmed positive drug or confirmed positive alcohol test result shall be removed from his/her place the employee’s file upon request of employment, it the employee and shall not be with payconsidered in subsequent determination of discipline.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who is suspended SECTION 1. The Union agrees to do all in its power to assist the Employer in requiring the employees to give the Employer an honest day's work and abide by the rules and regulations of the Employer which are not in conflict with this Agreement. When Management receives an adverse report from any Company official or dismissed shall within five (5) days of such suspension or dismissalcustomer concerning an employee, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other could result in disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if Management must act on the employee so desires.
42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work charge within five seven (57) working days of the occurrence alleged offense or discovery the Company 's knowledge of the alleged offense. Discipline for preventable accidents shall occur within seven (7) working days of the determination of preventability by the Safety Review Board. Working day is defined as Monday through Friday. No employee shall be discharged, suspended or otherwise disciplined, nor will entries be made against his/her service record without good cause. Employees shall be responsible for knowledge of Company rules and ignorance of such rules shall not be reason for a claim that disciplinary action was without just cause. Employees reporting off for reason of illness who are absent for three or more consecutive scheduled days may be required to present written evidence verifying the illness. Any employee who contends that he/she has been discharged, suspended or otherwise disciplined without "just cause" within the meaning of the Article, may have their case reviewed through the grievance procedure provided in this Agreement.
SECTION 2. Any member of the Union who is suspended or discharged from the service of the Company, and after investigation, is found not guilty of the charges on which he/she was suspended or discharged shall be reinstated and paid for such lost time at his/her regular rate. If it is determined that the suspension or discharge was too severe for the offense he/she shall be reinstated and paid such amount for the lost time as may be determined to be just under the circumstances of the case. An employee against whom criminal charges, or complaints by Company officials are filed, or pending the investigation of complaints by the public, may be suspended with or without pay pending the outcome of said charge/allegation. No employee shall be suspended, with or without pay, without just cause. Should the employee be found not guilty or should such charges/allegations be dismissed, the employee shall be reinstated to include all retroactive salary and benefits (except as provided below). Employees so reinstated may be subject to disciplinary action in accordance with the Labor Agreement. If, however, an employee has been suspended without pay for a time period exceeding sixty (60) days and the case has not been resolved, the employee shall be required to make a good faith effort to mitigate his/her loss of wages beginning with the 61st day. Additionally, any back pay award will be subject to the ordinary deductions for interim earnings beginning with the 61st day. An employee suspended without pay will be required to pay for his employee benefits while suspended. These payments will be computed by the Company and provided to the employee in writing and will indicate the date due. Should the employee be found guilty of the criminal charges, the employee must notify the General Manager of the conviction no later than 5 days after such conviction. Failure to notify the General Manager may be grounds for discharge. Upon notification of an employee’s conviction, the General Manager shall determine the proper action to be taken in accordance with the Labor Agreement.
SECTION 3. When disciplinary action involves suspension or discharge, the Company will make full disclosure to the Union of all documents used to make the decision to assess a suspension or discharge and shall provide the Union with copies of same.
SECTION 4. When action of the Company involves disciplinary action, suspension or discharge, the Company will consider only an employee's record for the two(2) years prior to the date of the incident giving that gave 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 Employeraction.
42.04 SECTION 5. When employees are required an accident occurs and it is alleged that a mechanical defect may have contributed to attend the accident, the mechanical equipment shall be tested by a meeting where union mechanic in the presence of a disciplinary decision concerning them is to be taken by member of the Employer, or Executive Board and a representative of the EmployerManagement.
SECTION 6. It is recognized that in its efforts to administer discipline on a fair and equitable basis, the employees are entitled Company uses a discipline code. Management agrees to have, at their request, a representative of discuss any changes to this Code with the Union attend Executive Board prior to implementing the meetingchanges.
SECTION 7. The Company shall implement a drug and alcohol-testing program as mandated by Federal agencies. Any drug and alcohol testing program shall include an Employee Assistance Program (aEAP) Employees shall have the right, aimed 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 withheldrehabilitation.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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
Sources: Labor Agreement, Labor Agreement, Labor Contract
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge.
(a) No employee who has successfully completed his probationary period shall be disciplined except for just cause.
(b) Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is disciplined by suspension or discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Article 14.03 shall result in immediate reinstatement of the employee.
14.05 Where an employee alleges that the employee has been suspended or dismissed shall discharged in violation of Article 14.02, the employee may within five twenty (520) days of such the date of the employee's suspension or dismissal, be provided with written notification which shall state discharge invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurpose of a grievance alleging violation of Article 14.02, the employee shall lodge the employee's grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the Article or Articles of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles which the employee has so alleged to have been contravened.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article 12, 14.02 then the employee shall be immediately reinstated in the employee's former position without loss of seniority or any other benefit which would have accrued to the employee if the employee so desireshad not been suspended or discharged. One of the benefits which the employee shall not lose is the employee's regular pay during the period of suspension or discharge, which shall be paid to the employee at the end of the next complete pay period following the employee's reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date that the employee is given oral notice or on the date specified in notice in writing given by personal service or by registered mail or by certified mail, but in the case of written notice shall be no later than the date notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 Employeremployer and if requested, the employees are entitled to have, at their request, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of his or her conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the Employer pre-arranges a meeting with an employee for the purpose of discussing impending disciplinary action as per 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee's option and within reasonable time limits, arrange to have a Union representative attend the meeting.
(a) Employees shall have the right, at any time, 14.12 The Employer agrees not to have the assistance of introduce as evidence in a full-time representative(s) of the Union on all matters hearing relating to employer/disciplinary action any document from the file of an employee, the existence of which the employee relations. Union representatives shall have access was not aware two (2) calendar weeks prior to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation time of grievance said hearing.
14.13 An oral reprimand shall not absent themselves from work except with permission from their supervisor be recorded on an employee’s records and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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 not to investigate the matter to its satisfaction, but feels the provide an employee should with written reasons for such disciplinary action.
14.14 The Employee will be removed from his/her place provided with a copy of employment, it shall all documents entered in his file. No document entered without his knowledge may be with payused against that employee.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. 42.01 Any A. The continued employment of all employees shall be during good behavior and efficient service except as provided in Article 12. No employee who is shall be suspended or dismissed terminated except for incompetency, inefficiency, dishonesty, intoxication, under the influence of drugs of abuse, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of University rules or any other failure of good behavior. Discipline shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissaljust cause.
42.02 All dismissalsB. Written reprimands and written warnings will be removed from employees’ personnel files, suspensions both in the department and other UHR, twelve (12) months after the effective date of the document providing there is no intervening written notice of disciplinary action, shall action during the twelve (12) month period. Written reprimands will not be subject to formal the grievance procedure procedure. A rebuttal to the reprimand may be submitted and attached to the written reprimand on file. The rebuttal shall be removed at the same time as outlined in Article 12, if the employee so desiresreprimand.
42.03 The Employer C. Suspensions will be removed from an employee’s personnel files, both in the department and UHR, eighteen (18) months following the date of the suspension providing there is no intervening written notice of disciplinary action during the eighteen (18) month period. Suspensions will remain on file for employees whose employment is terminated during the eighteen (18) month period or who are involved in litigation or review in a court or governmental agency during the eighteen (18) month period. Leave of absence or layoff periods will not count as part of the eighteen (18) months.
D. In imposing discipline on a current charge, the University shall notify an not take into account any written reprimands or suspensions which would have been removed by the procedure of B and C herein, or any other discipline which occurred more than three (3) years previously.
E. An employee in writing shall be given a copy of any dissatisfaction concerning written warning, reprimand, or other disciplinary action entered on his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaintpersonnel record. 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 A Union Representative 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 present when such discipline 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 assistancegiven. Employees involved in such discussion or investigation who are called into meetings for the purpose of grievance discipline shall not absent themselves from work except with permission from be informed of their supervisor and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop Union Representative present. The Local Union President shall receive a copy of any disciplinary action against any Bargaining Unit employee.
F. Any employee who has been disciplined by suspension or discharge will be given a written statement describing the reason or reasons for which the employee has been suspended or discharged. In the case of suspension, the employee will be advised of the duration of the suspension. In the case of suspension or discharge, the District ▇▇▇▇▇▇▇ ▇, or Vice-President or President may be present on all matters relating to employer/and the affected 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 informed of his/her place of employment, it right to Union representation.
G. Any suspension shall be with payfor a specific number of consecutive days on which the employee would be regularly scheduled to work. Holidays occurring during a period of suspension shall be counted as work days for the purpose of suspension only.
H. Disciplinary actions may be subject to the Grievance Procedure. Grievances involving disciplinary suspensions or terminations may be initially filed at Step 2 of the Grievance Procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, financial penalty, or discharge.
(a) No employee who has completed the probationary period shall be disciplined except for just cause.
(b) Disciplinary action resulting in the issuance of an oral or written reprimand, or suspension with pay, cannot be referred to adjudication.
(c) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is suspended disciplined by suspension or dismissed discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 An employee who alleges discipline by suspension without pay or discharge in violation of clause 14.02 may, within five twenty (520) days of such suspension or dismissalthe date of the discipline imposed, be provided with written notification which shall state invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurposes of a grievance alleging violation of clause 14.02, shall lodge the grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles, which the employee has so alleged to have been contravened in Article 12, the response to the Employer's reason for the disciplinary action.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of clause 14.02 then the employee shall be immediately reinstated into the former position without loss of seniority or any other benefit which would have accrued if the employee so desireshad not been suspended or discharged. One of the benefits which shall not be lost is the regular pay during the period of suspension or discharge, which shall be paid at the end of the next complete pay period following reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date the employee is given oral notice, or on the date specified by notice in writing given to the employee by personal service, registered or certified mail. In the case of a written notice, the effective date shall be no later than the date the notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 haveand, at their requestif requested, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of the employee’s conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months of work (not including inactive seasonal periods or leaves, paid or unpaid, for any reason in excess of four (4) consecutive weeks) following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the employer schedules a meeting with an employee with the intention of discussing disciplinary action, as per Article 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time limits, arrange to have a Union representative 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who is A. A bargaining unit member may be suspended with or dismissed without pay, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall within five (5) days not apply to the discharge 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 a probationary employee. Such disciplinary action, action shall be subject to formal grievance procedure as outlined in Article 12, if the Grievance Procedure unless the employee so desires.
42.03 The Employer shall notify an employee in writing is a probationary employee. Prior to the imposition of any dissatisfaction concerning disciplinary action, the employer will advise the bargaining unit member of his/her work right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within five ten (510) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the occurrence bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or discovery without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the incident giving rise offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the complaintpremises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. This notification It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall include particulars of work performance which led be entitled to such dissatisfaction. If this procedure is not followedadditional pay.
F. A bargaining unit member shall have the right, such expression of dissatisfaction shall not become a part upon request, to review the contents of his/her record for use against him/her at any timepersonnel file in the presence of an administrator. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employeeAt the bargaining unit member'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 requestoption, a representative of the Union attend Association may accompany the meetingbargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (a) Employees shall reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may 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 ▇▇▇▇▇▇▇ 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 written statements submitted within ten (10) work days, attached to the (personnel) file copy of employmentsuch documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, it shall be with pay1990 which is attached to and incorporated into this Agreement.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Discipline. 42.01 Any Employees may not be removed or disciplined except for just cause. Removal and discipline shall be subject to the Grievance Procedure, which shall be the sole remedy and shall supersede civil service system remedies. The Union recognizes the Administration’s right to discipline employees for just and proper cause. The principles of progressive discipline shall be followed. However, offenses of a serious nature may result in discipline up to and including suspension/termination, without regard to previous reprimands or discipline. Penalties for disciplinary action are oral and written reprimands, suspensions, demotion, and dismissal. Employees who pose a serious danger to other persons or property may be suspended immediately with pay. A hearing to determine discipline will then be noticed by the administration. No employee who is will be suspended without pay or dismissed discharged without a hearing by the Business Manager or designee, unless the employee specifically waives the hearing in writing. Employees are entitled to Union representation at any disciplinary hearing. Notice of the hearing will be given to the local Union President and the employee at least three (3) working days prior to the day of the scheduled hearing. Such notice shall contain a reference to the rule or rules violated by the employee for which disciplined may be imposed, the time and place of the event, and witnesses to the event. The administrator initiating disciplinary proceedings will be present at the hearing, as may any necessary witnesses needed to provide relevant information. Otherwise, the hearing will be conducted in private. Students normally will not attend the hearing, but may be separately interviewed by the administration in order to obtain necessary information. The decision stating discipline to be imposed will be sent to the employee and the Union President (or other designated representative) within five (5) days of such suspension or dismissal, be provided with the conclusion of the hearing. The employee may submit a written notification which shall state the reasons rebuttal 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 personnel file within five (5) working days of the occurrence or discovery receipt of the incident giving rise decision. Suspensions without pay shall be for a specific number of consecutive days on which the employee would be regularly scheduled to work. Holidays occurring during a period of suspension shall be counted as work days for the complaintpurposes of suspension only. This notification shall include particulars Appeals 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 disciplinary suspensions or terminations will be expedited and presented 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 Level Three of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingGrievance Procedure.
(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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any 21.01 No employee who shall be disciplined or discharged except for just cause.
21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative.
21.03 When an employee is to be suspended or dismissed shall within five (5) days of such suspension or dismissaldischarged from duty, 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 NAV CANADA shall notify an the employee in writing of the reasons for that suspension or discharge. In any dissatisfaction subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee.
21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any document or written statement concerning his/her work the conduct of an employee unless that employee has been provided with a copy of that document or statement within five a reasonable period before that hearing.
21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (52) working days years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing 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 destruction of any expression of dissatisfaction relating document or written statement related to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employerdisciplinary action.
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 21.06 The NAV CANADA Code 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 Business Conduct will not be unreasonably withheldinterpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs.
(b) Employees shall have 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relationsNAV CANADA Code of Business Conduct and any subsequent amendments made thereto.
42.06 If21.08 Employees who, upon investigationin good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting 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 payviolation.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. 42.01 Any A. Except for contract termination, disciplinary actions affecting an employee who is suspended or dismissed shall within five (5) days be administered with the intention of such suspension or dismissal, be provided with written notification which shall state improving the reasons for the suspension or dismissalemployee's performance.
42.02 B. All dismissalsdisciplinary hearings involving oral reprimands, written reprimands, suspensions without pay, demotions and other contract termination shall be done in private.
C. Suspensions without pay, demotions and contract terminations shall be for just cause only. Contract non-renewal shall not be considered as a 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 D. In the event it is intended that an employee in writing of any dissatisfaction concerning is to be suspended without pay, demoted, or have 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 Employercontract terminated, the employees are entitled to have, at their request, employee shall receive a representative written notice of charges and given the Union attend the meeting.
(a) Employees shall have the right, at any time, opportunity to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/hearing before a supervisor or administrator. 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 be represented at the hearing.
E. Following the hearing referenced above, the Hearing Officer shall make a recommendation to the Board of Education who shall act on said recommendation. The Board of Education shall not conduct an additional hearing but shall have the right to sustain or modify the recommended action.
F. The decision of the Board of Education shall be final except that said decision may be appealed within ten (10) calendar days of said decision by the Association filing a Shop ▇▇▇▇▇▇▇ present Notice of Intent to Appeal to the Superintendent.
G. Following receipt of the Notice the parties shall file a joint request to the Federal Mediation and Conciliation Service to nominate a panel of Referee's from which the parties shall select a Referee by using an alternate striking method. The Referee shall be empowered to sustain or modify the decision of the Board of Education and said decision shall be final and binding on all matters relating the concerned parties. The Referee shall have no authority to employer/employee relationsadd to, modify or amend the provisions of the Collective Bargaining Agreement. Costs of the Referee shall be shared equally by the Board and the Association.
42.06 If, upon investigation, H. The procedure contained herein replaces 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 payprocedure set forth in R.C. 3319.081.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, 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 dismissalsD. The Board may discipline an employee by issuing a written reprimand, suspensions and other disciplinary actiontransfers, demotion or a suspension with or without pay which shall be subject reduced to formal grievance procedure as outlined writing and placed in Article 12the employee’s personnel file. However, if should there be a decision not to discipline an employee, no record of investigation or hearings shall be placed or noted in the employee so desiresemployee’s file.
42.03 E. 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 write a Shop ▇▇▇▇▇▇▇ 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 have the rights afforded him/her under Section 9.3 or 9.5.
H. As a form of disciplinary action, the board may, upon recommendation of the Superintendent, suspend an employee without pay for a period exceeding ten (10) days. The Superintendent, with payor without Board approval, 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 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge.
(a) No employee who has successfully completed his probationary period shall be disciplined except for just cause.
(b) Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is disciplined by suspension or discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 Where an employee alleges that the employee has been suspended or dismissed shall discharged in violation of clause 14.02, the employee may within five twenty (520) days of such the date of the employee's suspension or dismissal, be provided with written notification which shall state discharge invoke the reasons grievance procedure including adjudication as set out in this Agreement and for the suspension or dismissalpurpose of a grievance alleging violation of clause 14.02, the employee shall lodge the employee's grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles which the employee has so alleged to have been contravened.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in Article 12, violation of Clause 14.02 then the employee shall be immediately reinstated in the employee's former position without loss of seniority or any other benefit which would have accrued to the employee if the employee so desireshad not been suspended or discharged. One of the benefits which the employee shall not lose is the employee's regular pay during the period of suspension or discharge, which shall be paid to the employee at the end of the next complete pay period following the employee's reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date that the employee is given oral notice or on the date specified in notice in writing given by personal service or by registered mail or by certified mail, but in the case of written notice shall be no later than the date notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 Employeremployer and if requested, the employees are entitled to have, at their request, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of his or her conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the Employer pre-arranges a meeting with an employee for the purpose of discussing impending disciplinary action as per 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee's option and within reasonable time limits, arrange to have an Union representative attend the meeting.
(a) Employees shall have the right, at any time, 14.12 The Employer agrees not to have the assistance of introduce as evidence in a full-time representative(s) of the Union on all matters hearing relating to employer/disciplinary action any document from the file of an employee, the existence of which the employee relations. Union representatives shall have access was not aware two (2) calendar weeks prior to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation time of grievance said hearing.
14.13 An oral reprimand shall not absent themselves from work except with permission from their supervisor be recorded on an employee’s records and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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 not to investigate the matter to its satisfaction, but feels the provide an employee should with written reasons for such disciplinary action.
14.14 The Employee will be removed from his/her place provided with a copy of employment, it shall all documents entered in his file. No document entered without his knowledge may be with payused against that employee.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. 42.01 Any employee who is suspended 17.1 The Director 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 designee may discipline an employee only for just cause. Discipline shall be carried out in a manner which is least likely to embarrass the occurrence employee before other employees or discovery of the incident giving rise to the complaint. This notification public.
17.2 Disciplinary action or measure shall include particulars only the following:
A. Verbal reprimand,
B. Written reprimand,
C. Suspension without pay, D. Demotion, E. Discharge.
17.3 The parties agree that progressive and escalating levels of work discipline are preferable to allow an employee proper notice of misconduct and the opportunity to improve performance which led and to such dissatisfactionallow the Employer to document prior disciplinary matters. If this procedure is not followed, such expression The level or degree of dissatisfaction discipline imposed 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 appropriately based on an employee's advancement prior record of service, severity of offense and prior record of discipline. The order in which these criteria appear are not indicative of their priority. An employee may be suspended without pay when said employee has first received one (1) written reprimand relating to said employee's previous work or standing with the Employerconduct. An employee may be discharged when said employee has first received a suspension relating to said employee's previous work or conduct. All previous disciplinary actions in an employee's file may be evaluated and considered in a disciplinary action.
42.04 When employees are required to attend 17.4 Notwithstanding subsection 17.3 above, the Director may immediately suspend or discharge an employee for a meeting where a disciplinary decision concerning them is serious event which presents just cause for discipline inclusive of such events as may be deemed to be taken by just cause or as amended subject to the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingprovisions contained in Article 18 below.
(a) Employees shall have the right, at any time, to have the assistance 17.5 The Employer may discipline an employee for just cause. Notice 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels that said disciplinary action is necessary, such action shall be taken based provided to the employee and Union no later than thirty (30) calendar days from the conclusion of the investigatory proceedings regarding the improper work, incident, or conduct by the employee.
17.6 Disciplinary action may be reviewed pursuant to Article 18 of this Agreement.
17.7 Written reprimands and written records of oral reprimands (excluding suspensions or demotions) shall be automatically expunged from the employees personnel file eighteen (18) months from the date of issuance and no longer be considered in evaluating future discipline if no other written reprimands on the Collective Agreement. In situations where the Employer is unable to investigate the same subject matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shall be with payhave been issued during that time period.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge.
(a) No employee who has successfully completed his probationary period shall be disciplined except for just cause.
(b) Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is disciplined by suspension or discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 Where an employee alleges that the employee has been suspended or dismissed shall discharged in violation of clause 14.02, the employee may within five twenty (520) days of such the date of the employee's suspension or dismissal, be provided with written notification which shall state discharge invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurpose of a grievance alleging violation of clause 14.02, the employee shall lodge the employee's grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles which the employee has so alleged to have been contravened.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in Article 12, violation of Clause 14.02 then the employee shall be immediately reinstated in the employee's former position without loss of seniority or any other benefit which would have accrued to the employee if the employee so desireshad not been suspended or discharged. One of the benefits which the employee shall not lose is the employee's regular pay during the period of suspension or discharge, which shall be paid to the employee at the end of the next complete pay period following the employee's reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date that the employee is given oral notice or on the date specified in notice in writing given by personal service or by registered mail or by certified mail, but in the case of written notice shall be no later than the date notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 Employeremployer and if requested, the employees are entitled to have, at their request, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of his or her conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the Employer pre-arranges a meeting with an employee for the purpose of discussing impending disciplinary action as per 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee's option and within reasonable time limits, arrange to have an Union representative attend the meeting.
(a) Employees shall have the right, at any time, 14.12 The Employer agrees not to have the assistance of introduce as evidence in a full-time representative(s) of the Union on all matters hearing relating to employer/disciplinary action any document from the file of an employee, the existence of which the employee relations. Union representatives shall have access was not aware two (2) calendar weeks prior to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation time of grievance said hearing.
14.13 An oral reprimand shall not absent themselves from work except with permission from their supervisor be recorded on an employee’s records and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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 not to investigate the matter to its satisfaction, but feels the provide an employee should with written reasons for such disciplinary action.
14.14 The Employee will be removed from his/her place provided with a copy of employment, it shall all documents entered in his file. No document entered without his knowledge may be with payused against that employee.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. 42.01 Any employee who is suspended The Employer shall not discharge 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 discipline any Employee without cause and other disciplinary action, discipline shall be subject in accordance with work rules except that no prior discipline or warning need to formal grievance procedure be imposed on any Employee before such Employee is discharged or disciplined if the misconduct is so aggravated, in the opinion of the Employer, as outlined in Article 12to require immediate discharge. The Association reserves the right to argue the reasonableness of any work rule not mutually agreed upon. Discharge or discipline must be by written notice and any Employee may request an investigation as to that Employee's discharge or discipline, and should such investigation prove that the Employee was without fault, such Employee shall be reinstated. If the Employee is found to be with fault, the penalty shall stand unchanged. In the event that any Employee is discharged or disciplined for any reason, such Employee shall have, upon written request, a hearing with an Employer representative within twenty-four (24) hours. If, after the hearing, the Employee is found without fault, such Employee shall be reinstated. However, if the employee so desires.
42.03 Employee is found to be with fault, the penalty shall stand unchanged. If the dispute is not settled satisfactorily it may be submitted under the Grievance Article. The Employee may have a Union representative in any meeting regarding discipline or discharge. Employees shall be given a minimum of one (1) clock hour’s notice of meetings regarding discipline or discharge. The Employer shall notify an employee agrees that it will give verbal warnings, written warnings, and suspensions to Employees prior to discharge where the misconduct is not so aggravated, in writing the opinion of any dissatisfaction concerning his/her work the Employer, as to call for immediate discharge. Grievances protesting discipline or discharge must be filed within five (5) working days after the action was taken and failure to abide by such time limit shall be construed as a waiver, by both the Union and the Employee or Employees involved of any protest 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 Employeraction.
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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who 14.01 The Company agrees that discipline should be progressive and corrective in nature and depending upon the nature of the infraction, should normally commence with a verbal warning or counseling.
14.02 The parties agree that the only forms of discipline that may be imposed upon an Employee are: verbal warning or counseling, a written warning, a formal warning, suspension and discharge.
14.03 When an Employee is suspended from duty or dismissed shall within five (5) days terminated, the Employer undertakes to notify the Employee in writing of the reason for 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 termination. The Employer shall notify an employee in writing endeavor to give such notification at the time of any dissatisfaction concerning his/her work within five (5) working days 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 14.04 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 one (1) day notice of such a meeting.
(a) Employees 14.05 The Company 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 as soon as possible that such a suspension or termination has occurred.
14.06 The Company agrees not to introduce as evidence in a hearing relating to employer/employee relations. Union representatives disciplinary action any document from the file of an Employee the content of which the Employee was not aware of.
14.07 Any document or written statement related to disciplinary action, which may have been placed on the personal file of an Employee, shall have access be destroyed after thirty (30) months has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
14.08 It being understood by the parties hereto that the Company and its Employees be subject to the Employer's premises in order to provide authority and satisfaction of 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 Company’s clients, the Company has the right to have discharge an Employee for the following reasons:
a) If an Employee is in a Shop ▇▇▇▇▇▇▇ present on all matters relating conflict of interest situation with the client of the Company;
b) If an Employee is booking off shifts to employer/employee relations.work for another Company;
42.06 If, upon investigation, the Employer feels that disciplinary action c) If an Employee 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.laid off for a continuous period exceeding twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. 42.01 Any employee who is suspended The Superintendent, 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 followeddesignee, 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 reprimand, suspend with pay, suspend without pay, discharge or otherwise discipline an employee for just and proper cause. Except in instances wherein the employee is found guilty of misconduct or if his/her presence represents a Shop ▇▇▇▇▇▇▇ clear and present danger to students, employees or the public, discipline shall be applied in a corrective and progressive manner. An employee who has been disciplined by suspension or discharge will be given a written statement describing in detail the reason or reasons for which he/she has been suspended or discharged. A suspension in accordance with this Article shall be for a specific number of consecutive days on all matters relating which an employee would be regularly scheduled to employer/work. Holidays occurring during a period of suspension shall be counted as workdays for the purposes of the suspension only and the employee relations.
42.06 If, upon investigation, shall not be paid for the Employer feels that holiday. An employee and the Union President shall be given a copy of any reprimand or other disciplinary action twenty-four (24) hours prior to the disciplinary action except when the employee's presence represents a clear and present danger to students, employees or the public, or presents a disruptive factor to the normal business of the school. Disciplinary action shall consist of five (5) steps. It is necessary, understood that such action shall be taken based on commensurate with the Collective Agreementseverity of the bargaining unit member’s offense, may be initiated at any level, and may include the repetition of an action without progressing to the next step. In situations where Step One: Verbal warning(s). Step Two: Written warning(s) – will incorporate comments relative to the Employer is unable verbal warning(s) in substantiation of previous problems. Said written warning(s) will not be placed in the bargaining unit member’s personnel file. Step Three: Written reprimand(s) – will incorporate comments relative to investigate the matter to its satisfactionwritten warning(s) in substantiation of previous problems. Step Four: Suspension(s), but feels the employee should be removed from his/her place of employment, it shall be with or without pay. Step Five: Termination.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Discipline. 42.01 Any employee who is suspended or dismissed shall within five (5) days Section 15.1 The Board may adopt written rules and regulations not in conflict with the terms of such suspension or dismissal, be provided with written notification which shall state this Agreement governing the reasons for the suspension or dismissaldiscipline of employees.
42.02 All dismissalsSection 15.2 Any such rules and regulations adopted by the Board shall be communicated to the officers of the Association and copies shall be sent to employees by the administrator in charge. A minimum of a ten (10) day notification for changes to Work Rules pursuant to Appendix “B” is required by Administration prior to implementation.
Section 15.3 No employee shall be disciplined, suspensions and other disciplinary actionreprimanded, reduced in rank or compensation or deprived of any advantage without just cause. Any such discipline, reprimand or reduction of rank, compensation or advantage, asserted by the Board or any agent or representative thereof shall be subject to formal the grievance procedure as outlined in Article 12, if the employee so desiresherein set forth.
42.03 Section 15.4 The Employer Board shall not take into account any discipline or infraction of rules or regulations which have occurred more than two (2) years prior to the date of the current infraction, except for infractions in Group C of the Work Rules which will be taken into account and remain for a period of three (3) years from the date of the infraction.
Section 15.5 A supervisor shall notify an employee in writing of any dissatisfaction concerning his/her work pending disciplinary action immediately. Disciplinary action shall be initiated within five ten (510) working days from the occurrence of the occurrence or discovery of the incident action giving rise to the complaintdiscipline or the time from which the supervisor was made aware of the action. 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 The parties recognize that additional time may be detrimental to an extended by mutual agreement.
Section 15.6 No material may be placed in the employee's advancement or standing with personnel file without 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 relationsemployee's knowledge. 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 review any derogatory information before it is placed in the file. The employee shall have the right to attach a Shop ▇▇▇▇▇▇▇ present on all matters relating response to employer/employee relationsany such material.
42.06 If, upon investigationSection 15.7 The employee shall have the right to review the contents of his/her personnel file. This must be done with the Director of Human Resources and Employee Relations or his/her designee. The employee shall have the right to Association representation at the review of his/her personnel file.
Section 15.8 Should disciplinary action be scheduled, the Employer feels employee is entitled to and may request that an Association representative be present prior to any disciplinary action being taken.
Section 15.9 The Board shall follow the progressive steps in Appendix “B”, Work Rules, when the Board disciplines any employee for just cause. When the disciplinary action is necessarytaken, such action the Board shall be taken based on provide the Collective Agreement. In situations where reason(s) and details of 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 payincident in writing.
Appears in 2 contracts
Sources: Maintenance Personnel Agreement, Maintenance Personnel Agreement
Discipline. 42.01 Any 15.1 Except for those covered employees who may be terminated during their probationary period, no covered employee who is suspended 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 dismissed shall within five (5) days of such suspension external source, or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissallayoffs due to retrenchment.
42.02 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 dismissalsdiscipline shall be documented in writing, suspensions and other 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 subject 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 formal grievance procedure be acceptance of the rendered discipline or as outlined a waiver of any right to which the employee may be entitled.
15.4 As set forth in Article 124.5.7, a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee so desires.
42.03 The Employer shall notify an when that employee reasonably believes that the interview or meeting may result 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 disciplinary action against him/her her. The Association representative's role at any timean investigative interview or meeting is to consult with the employee. This Clause shall apply in respect of any expression of dissatisfaction relating The CCSNH is free to his/her work or otherwise which may be detrimental to an insist upon hearing the 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 own account of the Employermatter(s) under investigation. The Parties agree that in all cases, the employees are entitled to have, at their request, a representative principles 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 “▇▇▇▇▇▇▇ present on ▇▇▇▇”, “▇▇▇▇▇▇▇”, “▇▇▇▇▇▇▇▇▇▇” and all matters relating other applicable case law shall be observed. The provisions of this Article shall apply to employer/employee relationsboth full-time and part-time covered employees.
42.06 If, upon 15.5 A covered employee who is the subject of a disciplinary investigation shall be notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the Employer feels that disciplinary action is necessaryidentity of the party or parties to perform the investigation, such action and the anticipated date of completion of the investigation. All investigations shall be taken 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 the employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall 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 investigation the employee shall retain his/her current position, status, schedule, assignment and rate of pay, except as provided in Article 15.6, below or as otherwise 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 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who The authority to discipline officers is suspended vested exclusively in the Chief. However, the Chief may from time to time delegate this authority to subordinate officers of the rank of Sergeant 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, above. The Lodge 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 dissatisfaction concerning his/her work within five (5) working days the extent of the occurrence delegation and the rank of the officers and to whom the delegated authority is vested. Discipline imposed as a result of other than an Internal Affairs Unit, Critical Incident Team or discovery Accident Review Board investigation shall be imposed within fourteen (14) calendar days of the incident giving rise to the complaintdiscipline or of the incident becoming known, which time may be extended by mutual written agreement. This notification The date of the incident shall include particulars be included in the calculation of work performance which led to such dissatisfactionthis fourteen (14) day time period. If this procedure In the event discipline is not followedso imposed no disciplinary action shall be taken. Officers, such expression of dissatisfaction excluding probationary officers, shall only be disciplined or discharged for just cause. Discipline or discharge for cause shall include, but shall not become be limited to, discipline or discharge for violation of Department Rules and Regulations, General or Special Orders. Whenever an officer is summoned to appear before any command officer and/or Sergeant regarding 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 violation of the EmployerDepartment Rules and Regulations, the employees are entitled to haveGeneral or Special Orders, 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 he will not be unreasonably withheld.
(b) Employees shall have the right to have request the presence of a Shop Lodge ▇▇▇▇▇▇▇ present or elected officer of the Lodge. Except for exigent circumstances, an officer may not be suspended for any amount of time without first being afforded an opportunity to file his written grievance objecting to the suspension. Any suspension of four (4) days or less may be effectuated prior to the officer being allowed to have the matter heard by the Grievance Board and any suspension of more than four (4) days shall not be effectuated prior to the officer being allowed to have the matter heard by the Grievance Board and/or an arbitrator. Prior to any officer being discharged, he shall be placed on all matters suspension without pay during the pendency of any grievance relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels proposed discharge. Copies of all discipline must be provided to the Lodge. It is recognized that disciplinary counseling sessions are not negative discipline but a positive form of discipline whereby corrective action is necessary, such action shall the best means to address minor occurrences of undesired conduct or performance. Counseling Forms issued by Department supervisors may not be taken based on used 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 of employment, it shall be with payDepartment for progressive discipline more than 12 months after issuance.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Discipline. 42.01 Any 16.1 Except for those covered employees who may be terminated during their probationary period, no covered employee who is suspended 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 dismissed shall within five (5) days of such suspension external source, or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissallayoffs due to retrenchment.
42.02 16.2 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 dismissalsdiscipline shall be documented in writing, suspensions and other 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.
16.3 All disciplinary documentation shall be subject 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 formal grievance procedure be acceptance of the rendered discipline or as outlined a waiver of any right to which the employee may be entitled.
16.4 As set forth in Article 124.5.7, a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee so desires.
42.03 The Employer shall notify an when that employee reasonably believes that the interview or meeting may result 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 disciplinary action against him/her her. The Association representative's role at any timean investigative interview or meeting is to consult with the employee. This Clause shall apply in respect of any expression of dissatisfaction relating The CCSNH is free to his/her work or otherwise which may be detrimental to an insist upon hearing the 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 own account of the Employermatter(s) under investigation. The Parties agree that in all cases, the employees are entitled to have, at their request, a representative principles 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 “▇▇▇▇▇▇▇ present on ▇▇▇▇”, “▇▇▇▇▇▇▇”, “▇▇▇▇▇▇▇▇▇▇” and all matters relating other applicable case law shall be observed. The provisions of this Article shall apply to employer/employee relationsboth full- time and part-time covered employees.
42.06 If, upon 16.5 A covered employee who is the subject of a disciplinary investigation shall be notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the Employer feels that disciplinary action is necessaryidentity of the party or parties to perform the investigation, such action and the anticipated date of completion of the investigation. All investigations shall be taken 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 the employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall 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 investigation the employee shall retain his/her current position, status, schedule, assignment and rate of pay, except as provided in Article 16.6, below or as otherwise 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 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any Section 1. An employee who is suspended or dismissed may be placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
Section 2. Upon written request from an employee, the City shall within five (5) days of such remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension or and dismissal, more than one (1) year old. All documents and materials removed from the employee’s personnel file will be provided with written notification maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall state also be maintained in said confidential file.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the reasons Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be reinstated and awarded back pay for any portion of the suspension or dismissaltime not imposed as disciplinary action.
42.02 All dismissalsSection 4. At least three (3) business days (Monday-Friday) prior to any
Section 5. If no disciplinary action is taken after an investigative suspension, suspensions and other disciplinary action, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. An employee shall not be subject to formal grievance procedure as outlined disciplinary action in Article 12excess of a written reprimand on the basis of a citizen complaint about the employees conduct, if unless the employee so desirescomplaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct.
42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Section 7. Any disciplinary action must be initiated within five six (56) working days of months after the occurrence or discovery City becomes aware of the incident giving rise to providing 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 basis 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 Employerdisciplinary action.
42.04 When employees are required to attend Section 8. In preparation for a meeting where a pre-disciplinary decision concerning them is to be taken by the Employermeeting, 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/an 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 access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 9. When an employee has been disciplined or faces possible disciplinary action at a Shop level greater than a reprimand, a designated Union officer or ▇▇▇▇▇▇▇ present on all matters relating shall be allowed to employer/review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the employee relationsrequesting the file review.
42.06 If, upon investigation, Section 10. An employee shall not be subject to multiple levels of discipline for the Employer feels that disciplinary action is necessary, such action same act or offense arising from the same facts.
Section 11. ADiscipline@ shall be defined as any action taken based on by the Collective Agreement. In situations where the Employer is unable employer to investigate the matter to its satisfactioncorrect or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but feels not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the employee should consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 12. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be removed from his/her place appealed to step 2 of employment, it shall the grievance procedure.
Section 13. Disciplinary actions of a reprimand may be with payappealed to the Human Resources Director.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining 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 ▇▇▇▇▇▇▇ 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
Sources: 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 ▇▇▇▇▇▇▇ is limited to assessing a one (1) day suspension, for a second offense, a ▇▇▇▇▇▇▇ can suspend an employee up to three (3) days and for the subsequent offenses, the ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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
Sources: Working Agreement, Working Agreement
Discipline. 42.01 Any 26.01 No employees shall be disciplined except for just cause.
26.02 Where an employee who is suspended disciplined by suspension without pay, demotion or dismissed discharge, the employee shall immediately be provided with written confirmation that he/she has been suspended, demoted or discharged. The Employer shall, within five (5) days from the date of such suspension or dismissaldiscipline, be provided provide the employee with written notification which shall state the reasons for such disciplinary action and a copy of such notice shall be sent to the suspension or dismissalUnion.
42.02 All dismissals26.03 An employee who is demoted or suspended may be removed from the workplace and retained on payroll until any grievance contesting such demotion or suspension is finally resolved through the grievance and arbitration procedure.
26.04 If the arbitration upholds the discipline, suspensions and other disciplinary action, the penalty shall be subject instituted after receipt of the arbitration decision.
26.05 The employee may be removed from active duty at the discretion of the Employer (employee shall be on full salary) pending the resolution of the grievance only if the cause for discipline presents a danger to formal the safety of employees or a concerted refusal to perform assigned work or if the case involved an investigation of an unlawful act.
26.06 Where it is determined that an employee has been unjustly disciplined, the employee shall be reinstated without loss of pay or any other benefit which would have accrued if the employee had not been disciplined.
26.07 Where an employee alleges he/she has been suspended or discharged in violation of Article 26.01, he/she may within ten (10) days of receipt of written reasons invoke the Grievance Procedure. The employee shall lodge the grievance procedure at the final level in the Grievance Procedure and if a satisfactory settlement is not reached the employee may proceed to arbitration as outlined in Article 12, if 7.08 - 7.13.
26.08 No notice of disciplinary action or any other document shall be placed on any employees personnel file without the employee so desires.
42.03 The Employer being given an opportunity to read its contents and to attach or place any comments on the document and upon request he/she shall notify be provided with an employee in writing of any dissatisfaction concerning exact copy for his/her work within five (5) working days own records.
26.09 Upon the employees request, any notice of the occurrence disciplinary action or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance any other document, other than evaluation reports which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of may have been placed on his/her record for use against him/her at any time. This Clause personnel file 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 removed after two (2) years have elapsed since 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels that disciplinary action is necessarywas taken, such provided no related 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
Sources: Collective Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any Section 1. An employee who is suspended or dismissed may be placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
Section 2. Upon written request from an employee, the City shall within five (5) days of such remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension or and dismissal, more than one (1) year old. All documents and materials removed from the employee’s personnel file will be provided with written notification maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall state also be maintained in said confidential file.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the reasons Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be reinstated and awarded back pay for any portion of the suspension or dismissaltime not imposed as disciplinary action.
42.02 All dismissalsSection 4. At least three (3) business days (Monday-Friday) prior to any
Section 5. If no disciplinary action is taken after an investigative suspension, suspensions and other disciplinary action, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. An employee shall not be subject to formal grievance procedure as outlined disciplinary action in Article 12excess of a written reprimand on the basis of a citizen complaint about the employees conduct, if unless the employee so desirescomplaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct.
42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Section 7. Any disciplinary action must be initiated within five six months (56) working days of months after the occurrence or discovery City becomes aware of the incident giving rise to providing 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 basis 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 Employerdisciplinary action.
42.04 When employees are required to attend Section 8. In preparation for a meeting where a pre-disciplinary decision concerning them is to be taken by the Employermeeting, 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/an 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 access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 9. When an employee has been disciplined or faces possible disciplinary action at a Shop level greater than a reprimand, a designated Union officer or ▇▇▇▇▇▇▇ present on all matters relating shall be allowed to employer/review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the employee relationsrequesting the file review.
42.06 If, upon investigation, Section 10. An employee shall not be subject to multiple levels of discipline for the Employer feels that disciplinary action is necessary, such action same act or offense arising from the same facts.
Section 11. ADiscipline@ shall be defined as any action taken based on by the Collective Agreement. In situations where the Employer is unable employer to investigate the matter to its satisfactioncorrect or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but feels not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the employee should consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 12. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be removed from his/her place appealed to step 2 of employment, it shall the grievance procedure.
Section 13. Disciplinary actions of a reprimand may be with payappealed to the Human Resources Director.
Appears in 2 contracts
Sources: 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.
42.03 801 The Employer shall notify an employee in writing of discipline, suspend or discharge any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise to the complaintHealth Care Professional for just cause only. 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 802 All Health Care Professionals shall have the right to have an Association Representative present at any meeting with supervisors or Management representatives when such meetings are accusatory or disciplinary in nature. Management will advise the concerned Health Care Professional if the intent of the meeting is to be investigatory, accusatory or disciplinary in nature. 803 The Employer shall notify the State Association of a Shop ▇▇▇▇▇▇▇ discharge within seven (7) workdays stating the reason for the action taken. Such notice may first be made by telephone, with written confirmation to be made as soon thereafter as is reasonable. In the event an Association Representative is present on during the termination, the Association will be deemed to have been notified. Receipt by a Local Affiliate officer of the Notice of Disciplinary Action will constitute notification as referred to in this Paragraph. 804 If the Association is not notified within seven (7) workdays, the termination will be considered automatically appealed to Step Two of the Grievance Procedure. 805 Health Care Professionals will receive copies of all matters disciplinary notices placed in their personnel files and shall have the right to rebut in writing any disciplinary notice. Such rebuttal shall be attached to the disciplinary notice and placed in the personnel file. Any materials relating to employer/employee relations.
42.06 If, upon investigationdiscipline for which there has been no reoccurrence for one (1) year shall not be used as a basis for progressive discipline in any future matters and will be removed after one (1) year. The Health Care Professionals shall have the right to review their personnel files to ensure the outdated disciplinary notices have been removed. 806 It is the intent of the Employer to utilize progressive discipline in normal circumstances. The discipline imposed will be appropriate to the offense. Where deemed appropriate, the Employer feels that disciplinary may elect to use informal corrective action is necessarysuch as verbal counseling and documented counseling prior to the issuing of formal discipline. Formal discipline imposed may include any or all of the following: written Notice of Disciplinary Action, such action suspension and/or discharge. However, Health Care Professionals may be discharged for gross misconduct or gross neglect of duty without prior warning. 807 Personnel Record Information 808 The Employer shall be taken based on provide copies of Notices of Disciplinary Action to the Collective Agreementappropriate Association Co‐Chairperson within five (5) workdays. In situations the event an Association Representative is present during the discipline, the Association will be deemed to have been notified. The Employer shall notify a Local Affiliate officer when Alternative to Discipline is being utilized. The Local Affiliate officer will be provided with the name of the employee, the date of the meeting and the level of Alternative to Discipline within five (5) workdays of the meeting. 809 All Notices of Disciplinary Action are subject to the Grievance and Arbitration Procedure except notices of termination issued to probationary employees as referenced in Paragraph 1006. 810 The Employer further agrees, upon request, with the written consent of the Health Care Professional and accompanied by the Health Care Professional, to show the Association Representative any material in the personnel record which is germane to an alleged infraction by the Health Care Professional, in accordance with established procedures. 811 In any case where the Employer is unable and Association Representative agree to investigate revise personnel record materials, the matter to its satisfactionEmployer shall, but feels upon request, provide evidence of the employee should be removed from his/her place revision. 812 To satisfy governmental record keeping requirements, copies of employment, it such notices shall be with paypermanently maintained in a separate file to which supervisors shall not have access.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Labor Management 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 ▇▇▇▇▇▇▇ 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
Sources: Memorandum of Understanding, Memorandum of Understanding
Discipline. 42.01 Any 14.01 No employee who is suspended or dismissed has completed the probationary period as defined in Article 1 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 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 14.02 Discipline 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.just cause includes:
(a) Employees shall have oral reprimand noted in 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 file
(b) Employees shall written reprimand,
(c) demotion resulting from a disciplinary action,
(d) suspension with or without pay, or
14.03 Prior to the disciplining of an employee, a meeting will be held. The employee will have the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/an Institute representative present. The employee relationsand the Institute shall receive reasonable prior notice of the meeting.
42.06 If14.04 The employee shall be informed in writing, upon investigationof the nature of any disciplinary action against that employee at the time such action is taken. However, this clause is not intended to apply to oral reprimands that do not go in the employee's personnel file.
14.05 Where an employee is suspended or discharged, the Employer feels that disciplinary action is necessaryshall, such action shall be taken based on within ten (10) days of the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels suspension or discharge notify the employee should be removed from in writing by registered mail or by personal service stating the reason for the suspension or discharge.
14.06 Where an employee alleges that he/she has been suspended or discharged in violation of Article 14.01 the employee may within ten (10) days of the date of which he/she was notified in writing or within twenty (20) days of the date of his/her place suspension or discharge, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement, and for the purpose of employment, a grievance alleging violation of Article 14.01 he/she shall lodge a grievance at the final level of the grievance procedure.
14.07 Where it is determined that an employee has been suspended or discharged in violation of Article 14.01 that employee shall be with payimmediately reinstated in his/her former position without loss of seniority or any other benefit which would have accrued to the employee if he/she had not been suspended or discharged. One of the benefits which the employee shall not lose is his/her regular pay during the period of suspension or discharge which shall be paid to the employee at the end of the next complete pay period following reinstatement.
Appears in 2 contracts
Sources: 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who is suspended or dismissed shall within five 10-1 Disciplinary action, as used in this article, includes written reprimands and suspensions without pay for up to fifteen (515) days of such suspension for probationary and permanent employees. This Article shall not limit the District's right to evaluate or dismissalorally reprimand and counsel employees. Nor shall anything in Article 9, be provided with written notification which shall state "Evaluation Procedures," limit the reasons for the suspension or dismissalDistrict's right to discipline employees pursuant to this Article.
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 ▇ ▇▇▇ ▇▇▇▇▇▇▇▇ present on all matters may issue written reprimands and warnings. The employees may submit a response or rebuttal to the written reprimand or warning, a copy of which will be retained in the records, along with the reprimand. Alleged violations by the District of the procedures relating to employer/employee relationsissuance of reprimands and warnings are subject to the grievance procedures of this Agreement; however, the substance of the reprimand or warning is not subject to the grievance procedures.
42.06 If10-3 The concept of "progressive discipline" and the prohibition of disparate treatment by an administrator are to be generally applicable; where the District imposes suspension without oral or written reprimand, such suspension shall be only for cause.
▇▇-▇ ▇▇▇ ▇▇▇▇▇▇▇▇ may suspend employees without pay for up to fifteen (15) working days, pursuant to the following provisions:
10-4.1 The suspension shall be based upon investigationcause, including but not limited to, the Employer feels causes set forth in Section 44932 of the Education Code.
10-4.2 The Superintendent or his or her designee shall give written notice to the employee of the District's intent to suspend the employee. The notice shall include the cause(s) on which the suspension is based, the date(s) on which the suspension shall take place, a statement that disciplinary action is necessarythe employee has a right to discuss informally the proposed suspension with the Superintendent or his or her designee.
10-4.3 The employee shall have two (2) working days, within receipt of notice, to respond to the notice of suspension. If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee. The employee's response to the notice of suspension, if any, shall confirm the proposed date and time for the pre-suspension discussion, propose other dates for such action discussion, or waive such discussion. The pre-suspension discussion, unless waived, shall take place within five (5) school days from the date of the notice.
10-4.4 The pre-suspension discussion shall be taken informal. The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.
10-4.5 The Superintendent or his or her designee shall inform the employee of the decision to suspend or not to suspend within three (3) working days from the date of the pre-suspension hearing or after two (2) days from the date of the notice of suspension if the employee did not respond.
10-4.6 The District shall schedule the suspension. The suspension may be scheduled in one or more blocks of time.
10-4.7 Disputes as to whether a suspension was based on cause or whether there has been a violation of the Collective Agreementprocedures set forth herein shall be resolved pursuant to the grievance procedures. A grievance regarding a suspension must be filed on the first day of the suspension or within fifteen (15) school days thereafter.
10-4.8 In emergency situations requiring immediate suspension, the District may suspend the employee without scheduling a pre-suspension discussion. In situations where such emergency situations, the Employer is unable to investigate the matter to its satisfaction, but feels Superintendent or his or her designee shall schedule an informal discussion with the employee should be removed from his/her place of employmentand provide the employee with written notice thereof, it shall be with payas soon as possible after the suspension has begun.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any 9.01 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his/her Committeeperson in a private area designated by the Employer before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to the suspension or dismissed discharge, to require the immediate expulsion of the employee from the plant premises.
9.02 During the probationary period, any employee shall be considered as being employed on a trial basis, and may be discharged where the employee is considered, in the judgement of the Employer, to be unsuitable. The discharge of a probationary employee can be based on a lesser standard than that for a seniority employee, and shall not be arbitrary and should generally be at the discretion of the Company. The Plant Chairperson shall be informed of discharge of probationary employees immediately.
9.03 An employee who is to receive a written warning, suspension or discharge, shall have their regular zone Committeeperson or their alternate zone Committeeperson in the absence of their regular zone Committeeperson, at any meeting held for this purpose. The Employer will provide a copy of the notice of written warning, suspension, or discharge to the employee’s Committeeperson.
9.04 In imposing discipline on a current charge, no prior infractions that occurred more than twelve (12) months previously shall be taken into account or relied upon in any way.
9.05 When discipline (written warning, suspension and discharge) is to be imposed by the Company, it will be imposed within five working days (5) days of such suspension or dismissal, the infraction. Any employee absent for any reason from the date of infraction will not be provided with written notification which shall state considered in 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 day period. Prior to the complaint. This notification shall include particulars issuance of work performance which led to such dissatisfactionany disciplinary notice the Company will notify the appropriate Committeeperson except as provided in 9.01 above. If this procedure is the above time limits are 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 Employerstrictly adhered to, 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 discipline will not be unreasonably withheldimposed. The time limits may be extended if agreed to by the parties in writing within the said five working (5) day time limit.
(b) Employees shall have 9.06 The company will not administer discipline so late in the right work day that a Union representative may need to have stay past normal working hours. Should the discipline be administered at such a Shop ▇▇▇▇▇▇▇ present on all matters relating time that the representative needs to employer/employee relationsstay past normal hours then that representative will be paid at the applicable overtime rate for the time spent.
42.06 If, upon investigation, 9.07 Disciplines will be administered in the Employer feels that disciplinary action is necessary, such action shall be taken based on first 6.5 hours of 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 payshift.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. 42.01 Any Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee who is suspended or dismissed shall within five (5) days and his/her supervisor that action beyond the documentation of such suspension or dismissalmeetings is necessary, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, meeting shall be subject to formal grievance procedure terminated until such time as outlined in Article 12, if a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee so desires.
42.03 The Employer shall notify employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of any dissatisfaction concerning his/her work the possibility within five fifteen (515) working days of the occurrence or discovery of the incident giving rise to the complaintpossible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. This notification shall include particulars The provisions of work performance which led this section are not to such dissatisfactionbe construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. If this procedure is not followed, such expression of dissatisfaction shall not become a part of Providing that the employee involved has completed his/her record initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay 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 the employee involved may be detrimental taken to protect the clients/patients/inmates/students/residents until an employee's advancement investigation is completed, disciplinary is action taken, or standing with management returns the Employer.
42.04 When employees employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are required substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to attend a meeting where a be taken. The conduct for which disciplinary decision concerning them action is being imposed and the action to be taken by the Employershall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for 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 ▇▇▇▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, meeting with 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 appointing authority or his/her place representative prior to the action proposed. A Union representative/▇▇▇▇▇▇▇ may be present. At that ▇▇▇▇▇▇▇▇▇▇ meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), it minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 2 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with paythe Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining 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, to following procedure shall within five (5be complied with:
1. 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.
2. The employee shall be given an opportunity to formal grievance procedure as outlined in Article 12review the documents or material upon which the proposed disciplinary action is based, and, if practicable, he/she shall be supplied with a copy of the documents or materials.
3. 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 respond, orally or in writing, or both, at the employee’s option, to the appointing authority concerning the proposed action. The Personnel Officer may at his/her discretion extend such 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, a Shop ▇▇▇▇▇▇▇ present on all matters relating reasonable request for additional time within which to employer/employee relationsrespond shall not be denied.
42.06 If4. 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.
5. 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.
6. Notwithstanding the provisions of this section, upon investigationthe recommendation of appointing authority, the Employer feels that Personnel Officer may approve the temporary assignment of an employee to a status of leave with pay pending an investigation(s) or hearing(s) as may be required to determine if disciplinary action is necessaryto be taken. Throughout the above 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 may be removed from his/her place of employment, it shall be with payrepresented.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, financial penalty, or discharge.
(a) No employee who has completed the probationary period shall be disciplined except for just cause.
(b) Disciplinary action resulting in the issuance of an oral or written reprimand, or suspension with pay, cannot be referred to adjudication.
(c) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is suspended disciplined by suspension or dismissed discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 An employee who alleges discipline by suspension without pay or discharge in violation of clause 14.02 may, within five twenty (520) days of such suspension or dismissalthe date of the discipline imposed, be provided with written notification which shall state invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurposes of a grievance alleging violation of clause 14.02, shall lodge the grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles, which the employee has so alleged to have been contravened in Article 12, the response to the Employer's reason for the disciplinary action.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of clause 14.02 then the employee shall be immediately reinstated into the former position without loss of seniority or any other benefit which would have accrued if the employee so desireshad not been suspended or discharged. One of the benefits which shall not be lost is the regular pay during the period of suspension or discharge, which shall be paid at the end of the next complete pay period following reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date the employee is given oral notice, or on the date specified by notice in writing given to the employee by personal service, registered or certified mail. In the case of a written notice, the effective date shall be no later than the date the notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 haveand, at their requestif requested, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of the employee’s conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the employer schedules a meeting with an employee with the intention of discussing disciplinary action, as per Article 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time limits, arrange to have a Union representative 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any employee who Section 9.1. The following language on Discipline is suspended or dismissed shall within five (5) days the sole source of such suspension or dismissal, be provided with written notification which shall state rights and obligations of the reasons for the suspension or dismissalparties to this contract in these matters.
42.02 All dismissals, suspensions and other A. An employee may receive discipline for just cause.
B. The University may take disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if action against any employee for actions occurring while the employee so desires.
42.03 The Employer shall notify an employee is on duty, or off duty actions that negatively impact the employee’s ability to function in writing the community, or working under the colors of any dissatisfaction concerning the University, or where the employee’s conduct violates his/her work within five (5) working days oath 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 Employeroffice.
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) C. Employees shall have the right to Union representation at all hearings to determine discipline and conferences that may result in corrective action, or may choose to present their own case. The Union representative shall not interfere with the investigation, and shall be entitled to speak at the end of the interview. An employee shall be provided a reasonable opportunity to caucus with his/her Union representative.
D. Discipline shall be taken according to the seriousness of the offense and the basic purpose of such action is corrective and not punitive. The University shall administer progressive discipline that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
E. Discipline may be in the form of, but not necessarily start at, written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge.
F. Employees subject to all written discipline (up to and including dismissal) shall receive notification of the actions in writing.
G. Employees who are subject to discipline (except for failure to qualify at the end of their initial probationary period) that immediately results in a suspension, demotion or dismissal shall have a Shop pre- disciplinary conference conducted by a hearing officer prior to the imposition of said action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated discipline. If facts arise during investigation that cause the anticipated discipline to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled conference. Such continuance must be requested at least one (1) working day in advance of the scheduled conference. Such continuance shall not exceed fourteen (14) calendar days unless another time is mutually agreed to. The employee must choose to: (1) appear at the disciplinary conference and present an oral or written statement in his/her defense; (2) appear at the disciplinary conference and have one (1) chosen representative present an oral or written statement in his/her defense; or (3) elect in writing to waive his/her opportunity to have a disciplinary conference. Failure of the employee to elect and pursue one (1) of these three (3) options will be deemed a waiver of the employee’s right to the disciplinary conference. At the disciplinary conference, the employee may present any testimony, witness, or documents which explain whether or not the alleged misconduct occurred. Discipline involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. The Hearing Officer shall issue a written report within ten (10) calendar days of the conclusion of the conference. Should an employee decide to file a grievance over action taken as the result of a pre- disciplinary conference, such grievance shall be initiated at Step Two (2) of the grievance procedure.
H. An employee charged with or under indictment for a felony, or any crime which results in a weapons disability, may be placed on a paid leave of absence or assigned to an administrative function in an un-armed status until resolution of the court proceedings. Upon a resolution of the proceedings, the employee may be subject to discipline by the University under Section C of this Article.
I. The University reserves the right to terminate employment for the following reasons:
1. Voluntary resignation;
2. Discharge for just cause as set forth in this Article, Section 2,
3. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University or other mutually agreed to time frame.
4. Failure to return from a layoff within fourteen (14) calendar days of the issuance of a certified letter from the University.
J. After twenty-four (24) months from date of issue, loss of pay discipline shall not be considered in any subsequent determination of discipline unless there has been discipline in the intervening period, and the force and effect period for reprimands shall be twelve (12) months.
K. In all cases of dismissal, the employee is entitled to payment of all wages due.
L. Employees who have been notified of an upcoming administrative hearing may meet with their ▇▇▇▇▇▇▇ present on all matters relating during working hours with no loss of pay or benefits to employer/employee relationsprepare for the hearing; such meetings shall be for a reasonable period of time.
42.06 IfM. Employees have the right to appeal discipline through the grievance procedure, upon investigationhowever, the Employer feels that disciplinary action is necessary, such action shall reprimands may not 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 past Step 2.
N. Employee tracking system entries shall be removed from all files, including but not limited to paper and electronic no later than ONE year from the time of creation.
Section 9.3. Whenever the Employer or designee(s) questions or interrogates bargaining unit members in reference to alleged or suspected misconduct, either in preliminary investigations or in disciplinary hearings, the following conditions shall apply:
A. Employees being questioned as witnesses shall be so informed.
B. When an employee who is suspected of misconduct is questioned or interrogated regarding such misconduct, he/she shall be apprised of the nature of the suspected misconduct as it is known at that time and his/her place of employmentright to have the opportunity to have a FOP representative present to advise him/her during the questioning.
C. Prior to questioning, it employees (including witnesses) shall be informed that failure to respond or failure to respond truthfully may result in disciplinary action for insubordination or dishonesty. Employees shall also be informed of their ▇▇▇▇▇▇▇ and ▇▇▇▇▇ warnings at this time, if the employer decides to utilize the warnings.
D. Preliminary investigations and disciplinary hearings shall be held either during an employee's scheduled working hours or at a time in reasonable proximity to his/her shift.
E. Questioning sessions shall be for reasonable periods and shall allow for personal necessities and rest period.
F. No employee shall be subjected to abusive language during questioning. No promise of reward shall be made as an inducement to answer questions.
G. The Police Chief may require an employee to take a polygraph examination, voice stress analysis, or similar technology. The employee shall be entitled to union representation pursuant to Section 2.C. of this Article. Tests including but not limited to fingerprints, hair samples, breath, blood, urine, chemical analysis, and psychological evaluations shall be conducted within the confines of the law.
H. Any employee required by the Employer to attend an investigatory interview or disciplinary hearing outside of his/her scheduled working hours shall be paid for all such time.
Section 9.4. All complaints will be investigated. Complaints with payno corroborative evidence shall not be cause for disciplinary action.
Section 9.5. Disciplinary action must be instituted within thirty (30) days of when the employer became aware of the employee’s alleged misconduct. The thirty (30) day period may be extended if the employer has a legitimate business reason.
Section 9.6. Employees shall be given a written status of any internal investigation or non-disciplinary complaint filed on an officer within thirty (30) days of the filing.
Section 9.7. If an officer is charged with a criminal offense, any internal investigation will be placed on hold pending the disposition of said charges.
Section 9.8. Review of bodyworn digital recordings are authorized by the police chief for the following reasons:
a. to ensure the BWC system is working.
b. to assist with the writing of a report, supplement, or memorandum.
c. for evidentiary review and case preparation.
d. supervisory review of employee conduct and performance. Explicit authorization by the police chief is required for officer review for the following reasons:
a. investigation of a complaint of a policy or procedural violation.
b. administrative inquiry c. criminal or civil investigation.
Appears in 2 contracts
Sources: Bargaining Agreement, 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 value of progressive discipline with the right, at any time, to have the assistance aim of being corrective in application is recognized by both parties. Discipline may be imposed where just cause exists and will be levied in 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 withheldtimely fashion.
(b) Employees Oral counselling and oral reprimands are not considered formal discipline.
21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of their right to have a PSAC representative attend as an advisor. The management representative also has the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating labour relations representative attend as an advisor. However, unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to employer/employee relationsthe employee.
42.06 If, upon investigation, the Employer feels that 21.03 Formal disciplinary action is necessary, such action shall be taken based communicated to the employee in writing. A copy will be sent to labour relations and the PSAC representative, wherever reasonably practicable on the Collective Agreement. In situations where same day as the written communication to the employee.
21.04 When any discipline is found to be unjustified all documents relating to and or referring to the discipline imposed shall, unless required by legislation be removed as soon as reasonably possible from the employee’s record and destroyed.
21.05 The Employer is unable agrees not to investigate introduce as evidence in a hearing relating to disciplinary action any document from the matter to its satisfaction, but feels file of an employee the content of which the employee should be removed from his/her place was not aware of employmentat the time of filing or within a reasonable period thereafter.
21.06 Any document or written statement related to disciplinary action, it which may have been placed on the personnel file of an employee shall be with paydestroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
21.07 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. 42.01 Any employee who Section 1. The County retains the right to adopt rules and regulations for the efficient operation of its departments and conduct of its employees providing these rules and regulations do not conflict with this agreement. It is suspended agreed that the County has the right to discipline or dismissed shall discharge employees for just cause. It is further agreed that disciplinary action will be initiated within thirty-five (535) days, after the date of the pre-disciplinary meeting. The parties agree that the timeline may be extended by written notice of either party. It is agreed that the employee shall receive written notification of an investigation or pre-disciplinary notification, no later than ten (10) days following knowledge of such suspension or dismissal, be provided with written notification which the alleged infraction. All investigation and pre-disciplinary notices shall state include the reasons for approximate date and description of the suspension or dismissalalleged infraction. The employer reserves the right to amend the charges/allegations.
42.02 Section 2. Disciplinary action will be commensurate with the offense and may take into account record of performance, conduct, and discipline. However, certain offenses, by their nature, may be severe enough to require immediate discharge.
Section 3. Written reprimands will remain in an employee's file for twelve (12) months subsequent to the date of reprimand. Suspensions will remain in an employee's file for two (2) years subsequent to the date of suspension. All dismissals, suspensions and other rights to have a disciplinary action, action removed from the employee's personnel file shall be subject waived until the expiration of the latest reprimand or suspension if a second offense occurs within the time period that the disciplinary action is active in the employee's file.
Section 4. Whenever it is necessary to formal grievance procedure as outlined discipline or counsel any employee, Management agrees to do so in Article 12, if a manner that will not embarrass the employee so desiresbefore other employees or the public.
42.03 The Employer Section 5. Anytime a supervisor or representative of Management conducts a disciplinary meeting with a bargaining unit member, they shall notify an the employee and the Union 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 followedwriting, 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 Union representative present. The Union has the right to be present at all disciplinary meetings of bargaining unit members, provided that such union representation must be available subsequent to twenty-four (24) hours after the employee receives the notice of the disciplinary meeting, or at the date and time specified in the notice if the meeting is scheduled to occur after a twenty-four (24) hour period has passed. All notifications of disciplinary meetings shall be in this format: to discuss .
Section 6. If disciplinary action is given to an employee, subsequent to and in conjunction with a meeting as described in Section 5, the representing ▇▇▇▇▇▇▇ shall be given a copy of the disciplinary action. It shall not be necessary for the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ to be present on all matters relating when the notice of discipline is delivered to employer/the employee. If no discipline is warranted, the employee relationsshall be given a letter indicating the outcome of the investigation and the closing of the file.
42.06 IfSection 7. An employee shall be given a copy of any written warning, upon investigation, the Employer feels that corrective action plan (CAP) or written 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 entered into his/her place of employment, it personnel record.
Section 8. An employee and the Chapter Chairperson shall be with paygiven a copy of any performance memorandums, Performance Improvement Plans (PIP’s), or any similar counseling tools documents which are intended to be a counseling tool for employees and are not intended to be disciplinary actions. Personal performance memorandums, PIP’s, and similar counseling tools are not grievable or subject to the grievance procedure. Counseling will remain active for twelve (12) months subsequent to the date of the counseling provided no intervening counseling or discipline has occurred.
Section 9. Removals may be appealed at the third step within seven (7) actual working days of the removal.
Section 10. If an employee receives a suspension, such suspension shall be given in hours as defined by the employee’s regularly scheduled working day. Suspensions may be appealed at the second step of the grievance procedure within seven (7) actual working days of the suspension.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any Section 1. An employee who is suspended or dismissed may be placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
Section 2. Upon written request from an employee, the City shall within five (5) days of such remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension or and dismissal, more than one (1) year old. All documents and materials removed from the employee’s personnel file will be provided with written notification maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall state also be maintained in said confidential file.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the reasons Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be reinstated and awarded back pay for any portion of the suspension or dismissaltime not imposed as disciplinary action.
42.02 All dismissalsSection 4. At least three (3) business days (Monday-Friday) prior to any
Section 5. If no disciplinary action is taken after an investigative suspension, suspensions and other disciplinary action, the City shall remove all documentation related thereto from the employee’s personnel file.
Section 6. An employee shall not be subject to formal grievance procedure as outlined disciplinary action in Article 12excess of a written reprimand on the basis of a citizen complaint about the employees conduct, if unless the employee so desirescomplaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct.
42.03 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work Section 7. Any disciplinary action must be initiated within five six (56) working days of months after the occurrence or discovery City becomes aware of the incident giving rise to providing 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 basis 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 Employerdisciplinary action.
42.04 When employees are required to attend Section 8. In preparation for a meeting where a pre-disciplinary decision concerning them is to be taken by the Employermeeting, 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/an 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 access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 9. When an employee has been disciplined or faces possible disciplinary action at a Shop level greater than a reprimand, a designated Union officer or ▇▇▇▇▇▇▇ present on all matters relating shall be allowed to employer/review such employee’s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the employee relationsrequesting the file review.
42.06 If, upon investigation, Section 10. An employee shall not be subject to multiple levels of discipline for the Employer feels that disciplinary action is necessary, such action shall be taken based on same act or offense arising from 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 paysame facts.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 42.01 Any 8.01 An employee who is has been suspended or dismissed discharged and reinstated under the grievance procedure shall within five have all rights and benefits enjoyed prior to such suspension or discharge subject to any agreement to the contrary between the parties hereto or subject to the terms of the decision of the Arbitrator, if applicable.
8.02 In cases where the conduct of the employee who has completed his probationary period is considered by the Employer to warrant dismissal, the employee shall be suspended without pay so that the matter may be investigated by the Union. Written reasons for such dismissal shall be provided by the Employer to the employee and the Union forthwith upon the request of the employee or the Union for the same. The suspension shall become a dismissal after ten (510) days from the effective date of such suspension unless a grievance against such suspension and pending dismissal is filed. If the grievance is filed, the suspended employee will be reinstated, suspended, dismissed or dismissalotherwise dealt with in accordance with any agreement reached under Article 8, be provided or in accordance with written notification which shall state the reasons any arbitration award under Article 9.
(a) An employee requested to meet with an out-of-scope manager for the suspension or dismissalpurpose of imposing discipline, shall have the option of having a Union representative present.
42.02 All dismissals(b) Communicating performance expectations, suspensions providing feedback on work performance and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desirescoaching for performance improvement do not constitute discipline.
42.03 8.04 The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within forty-five (545) working days of determining that the occurrence alleged behaviour or discovery alleged misconduct may result in discipline. Failure to impose the discipline within this time period will render the discipline void, unless the behaviour or misconduct is the subject 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 Employerongoing investigation.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer8.05 A Union representative, or a representative of the Employeras referenced in Article 6.10, 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 employernotify her/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 his supervisor and such permission will not be unreasonably withheldprovide a time estimate before leaving her/his work area to carry out responsibilities under this Article or Article 9.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement
Discipline. 42.01 Any Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee who is suspended or dismissed shall within five (5) days and his/her supervisor that action beyond the documentation of such suspension or dismissalmeetings is necessary, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, meeting shall be subject to formal grievance procedure terminated until such time as outlined in Article 12, if a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee so desires.
42.03 The Employer shall notify employee's record. When there is a possibility that an employee may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of any dissatisfaction concerning his/her work the possibility within five fifteen (515) working days of the occurrence or discovery of the incident giving rise to the complaintpossible discipline or within fifteen (15) days of when the State first had knowledge of the incident. This notification shall include particulars The provisions of work performance which led this section are not to such dissatisfactionbe construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. If this procedure is not followedWhen the possibility exists that serious disciplinary actions (suspensions, such expression demotions, discharge) or allegations of dissatisfaction shall not become a part of client/patient/inmate/student abuse will occur, the State must, providing that the employee involved has completed his/her record initial probationary period or extension thereof, hold a discipline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative. In alleged matters of client/patient/inmate/student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which does not result in a loss of pay for use against himthe employee involved. Such action shall not constitute discipline under this Article. Said hearing will be held prior to any disciplinary action being taken. In the event the disciplinary hearing involves allegations of client/her at any timepatient/inmate/student abuse and the allegations are substantiated, the employee shall be terminated. This Clause No employee covered by this Agreement shall apply be suspended without pay, demoted or dismissed without first having been given notice in respect writing of any expression the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of dissatisfaction relating suspension, demotion, or dismissal will be afforded an opportunity to meet with the appointing authority or 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 prior to the Employer's premises in order to provide the required assistanceaction proposed. 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 A Union representative/▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, may be present. At that meeting 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 appointing authority or his/her place designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), it minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be with payfor just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. objective of promoting harmonious relationships.
Appears in 1 contract
Sources: 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
A. The District and its supervisors are responsible for the suspension or dismissalmaintenance of discipline.
42.02 All dismissalsB. An employee has the right to ask to have an Association representative present at any stage of the discipline procedure.
C. If, suspensions in the opinion of the employee’s supervisor, the services of an employee are unsatisfactory, a supervisor shall:
1. Conduct a conference with the employee and other the supervisor, inform the employee of the deficiencies; suggest how improvements can be made; inform the employee that the necessary improvement must be made within a specified number of working days, or that a recommendation for disciplinary action, shall up to and including dismissal, may be subject made to formal grievance procedure as outlined in Article 12, if the Superintendent.
2. On the date specified to the employee so desiresat the initial meeting, the employee will be notified of the progress that has been made. If satisfactory improvement has not been achieved, a written recommendation for disciplinary action will be forwarded to the Superintendent.
42.03 The Employer shall notify 3. Prior to rendering a decision, the Superintendent will afford the employee and the employee’s representative an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of informal hearing on the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfactionmatter.
4. 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels Superintendent determines that disciplinary action is necessary, such he/she will, in writing, inform the employee of the charge upon which disciplinary action has been based and the disciplinary action imposed. Included in this account will be a summary of the charges and a summary of the information relied upon in making the determination. The Association, upon demand, will be given access to the full file.
5. In the event of a flagrant misconduct, the employee may be suspended immediately from employment with the District until the charges are investigated and a decision is made to continue or discontinue the employee’s employment. If the employee is cleared of the charges, the employee will be fully reinstated as of the date of the suspension without loss of pay or accrued benefits. Such suspensions shall be taken based on limited to a maximum of ten (10) days. If the Collective Agreement. In situations where charges are sustained, the Employer is unable to investigate termination date shall be the matter to its satisfactiondate of written notice of dismissal.
a. Flagrant misconduct may include, but feels is not limited to: insubordination; neglect of duty; unauthorized absence; willful violation of rule, regulation, or policy; criminal act(s); or being under the influence of intoxicants while on duty.
6. Prior to the decision of the Superintendent, the employee should will have the opportunity to meet with the Superintendent. The employee may be removed from his/her place of employment, it shall be accompanied by a representative at such meeting with paythe Superintendent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee who is suspended Discipline in the Department shall be progressive and shall be designed to improve behavior, not punish it. Employees shall have the right of access to their personnel and discipline files at reasonable times and intervals. In addition to the provisions of the Fire Fighters' Disciplinary Act as expressed in Illinois Compiled Statutes, as set forth in Section 19.2, the parties agree disciplinary materials shall be expunged from personnel and discipline files within three (3) years for written reprimands and below, unless otherwise mutually agreed by the parties. Disciplinary suspensions for one (1) day or dismissed more shall be expunged from personnel and discipline files within five (5) days years after the date of the incident which gave rise to the discipline or at the end of litigation if the incident has formed the basis of a suit and criminal case. Such expungements shall take place upon written request by the Employee to the Fire Chief who shall forthwith expunge such suspension or dismissalrecords giving the materials to the Employee. When the Employer believes that just cause exists, notification of possible discipline must be provided with written notification which shall state received by the reasons for the suspension or dismissal.
42.02 union within fifteen (15) days. All dismissals, suspensions and other disciplinary action, charges 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 filed within five thirty (530) working calendar days of the occurrence or discovery date of the incident giving rise to the complaintdiscipline or when the Department first knew or should have known of the incident, whichever comes later, except where good cause is shown that it was not possible to complete the investigation within the time period. This notification shall include particulars Extensions 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 time frames may be detrimental made by mutual written Agreement. Employees who are disciplined shall suffer no loss of rights, benefits or privileges other than the discipline itself. Discipline shall be only an oral reprimand, a written reprimand, a suspension of time off from work (however, by mutual Agreement, initial suspensions of (5) five days or less for unexcused absences and/or abuse of time shall be documented, but the Employee shall report to an employee's advancement work and lose no wages) or standing with the Employer.
42.04 When employees termination, except where subsequent criminal charges are required to attend a meeting where a disciplinary decision concerning them is to filed. The type of discipline may be taken determined by the Employer, or a representative severity 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 assistanceinfraction. 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 an attorney or Union representative present during all questioning and the disciplinary process. A suspension day shall consist of eight (8) hours for forty (40) hour Bargaining Unit Employees and twelve (12) hour days for Division I Employees. In the event disciplinary action is taken against an Employee, other than the issuance of an oral reprimand, the Employer shall furnish the Employee and the Union in writing with a Shop statement of the reasons therefore. The measure of discipline and the statement of reasons may be modified especially in cases involving suspension pending discharge, after the investigation of the total facts and circumstances. For discipline other than reprimands, the Employer shall hold a pre-deprivation meeting. Prior to notifying the Employee of the contemplated measure of discipline to be imposed, the Employer shall notify the Union ▇▇▇▇▇▇▇ present on all matters relating to employerof the meeting and reasonably in advance of such meeting shall provide the ▇▇▇▇▇▇▇ with the alleged infraction. The Employer then shall meet with the Employee involved and inform him/employee relations.
42.06 If, upon investigation, her of the Employer feels that reasons for such contemplated disciplinary action is necessary, such action including any names of witnesses and copies of pertinent documents. Employees shall be taken based on the Collective Agreement. In situations where the Employer is unable informed of their rights to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it Union representation and shall be with payentitled to such, if so requested by the Employee, and the Employee and Union representative shall be given the opportunity to rebut or clarify the reasons for such discipline. This provision does not waive, suspend or otherwise modify any rights provided the Employee or the Union by statute, ordinance, IPLRA, Fireman’s Disciplinary Act, contractual Agreement or any other provision not listed.
Appears in 1 contract
Sources: Labor Contract
Discipline. 42.01 Any 8.01 An employee who is suspended has acquired seniority pursuant to this Agreement may grieve any discipline or dismissed shall within five (5) days discharge that she believes to be contrary to the provisions of such suspension or dismissal, be provided with written notification which shall state the reasons this Agreement. The employer may terminate probationary employees for the suspension or dismissaljust cause.
42.02 All dismissals8.02 In reference to Article 8.01, suspensions it is understood and agreed that the standard of "just cause" as applied to a probationary employee shall be a lesser standard based on a bona fide assessment of the employee’s demonstrated suitability for ongoing employment, including without, excellent interpersonal skills in dealing with other staff, children and family members, clear communication skills, programming creativity, professionalism, knowledge of regulations related to the position, failure to pass or cooperate in relation to a criminal reference inquiry, and other disciplinary action, shall be subject bona fide criteria in relation to formal grievance procedure as outlined the position in Article 12, if question. The parties agree that the employee so desires.
42.03 The Employer shall notify jurisdiction of the Arbitrator in the case of a release or termination of an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of during or at 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 end of his/her record for use against him/her at any time. This Clause probationary period shall apply in respect be limited to the question of any expression of dissatisfaction relating whether the Daycare made a bona fide decision to his/her work terminate or otherwise which may be detrimental to an release the employee's advancement or standing with the Employer.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them 8.03 If an employee is to be taken by the Employerdisciplined, suspended, or a representative of the Employerterminated, 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 ▇▇▇▇▇▇▇ shall be present on all matters relating to employer/and if not available, a member of the Bargaining Unit of the employee’s choice shall be present. The Daycare shall inform the employee relationsof this right.
42.06 If8.04 A copy of any recorded discipline will be given to the Union ▇▇▇▇▇▇▇ and signed for the sole purpose of acknowledging receipt.
8.05 Except for the imposition of discipline concerning an issue of child safety, upon investigationfor the purposes of imposing discipline on an employee, the Daycare may not rely on an employee’s previous record of discipline after the employee has worked eighteen (18) consecutive months without like or similar discipline.
8.06 The Employer feels agrees upon discovering a matter that disciplinary action is necessary, such action shall may be taken based the subject of disciplines to deal with the matter in an expeditious manner. Failure to do so within ten (10) working days from the time the Daycare became aware of the circumstances will render the discipline void.
8.07 The parties understand and agree that Article 8.06 requires the employer to commence dealing with a matter that may be subject to discipline within 10 working days after it became aware of the circumstances in question. It does not impose a condition or an obligation on the Collective Agreement. In situations where employer to complete its investigation or render a disciplinary determination within 10 days of becoming aware of 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 paycircumstances in question.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 (This section does not apply to employees eligible for tenure)
A. No non-teaching 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 ▇▇▇▇▇▇▇ 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 l i k e w i s e 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
Sources: Master 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement
Discipline. 42.01 Any
14.01 The Employer shall not discipline, suspend or discharge an 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 without just cause. In any grievance over 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 burden of any dissatisfaction concerning his/her work proof of just cause lies 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 14.02 The Employer and Employee agree that all correspondence and meetings relating to attend discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The Employer accepts the concept of progressive discipline and agrees to apply it in a fair and reasonable fashion and in good faith.
14.04 The Employer shall not impose any discipline until the employee has been made aware of the situation requiring correction and the standard required; and has been given reasonable opportunity to improve. Prior to the imposition of any discipline or discharge an employee shall be notified at a meeting where a disciplinary decision concerning them is to be taken by with the Employer, or a representative Personnel Committee of the Employerreason(s) for such action and of their right to Union representation. If the employee so wishes, s/he shall be accompanied by a Union representative. Such a meeting shall be held as soon as possible after the employees are entitled to have, at their request, Employer requests such a representative of the Union attend the meeting.
(a) Employees 14.05 An employee shall have the right, at any time, to have the assistance of a full-time representative(s) be notified in writing of the grounds for any discipline at the time of the discipline. The Union on all matters relating shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to employer/employee relations. Union representatives any discipline, the Employer shall have access be limited to the Employer's premises grounds as originally notified under this Article.
14.06 Where an employee acts in order a manner that constitutes a danger to her/himself or others, notwithstanding the above provisions for progressive discipline, the Employer may suspend the employee with pay until the matter is resolved
14.07 Failure of the Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the required assistanceemployee and the Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Employees involved Any reply by the employee shall become part of the record and placed in such discussion the Personnel File. The Employer may not rely upon or use any written warning against an employee for any purpose unless this clause is first complied with.
14.09 Clauses14.03 and 14.04 notwithstanding, where the Employer believes on reasonable grounds that an employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the employee from duty with full pay and benefits for a period of twenty (20) days pending investigation of grievance the alleged act. Within that 20-day period the Employer 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 conduct a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 diligent investigation. If, upon on the basis of that investigation, the Employer feels reasonably concludes that there is clear and compelling evidence that the employee has committed such an act, the Employer may immediately suspend the employee without pay. This suspension shall become dismissal if no grievance is filed in accordance with Article 11 (Grievance Procedure). Should a grievance be filed, this suspension shall be resolved through the procedure specified in Article 11.06 (Grievance Procedure).
14.10 The record of any disciplinary action is necessary, and any matters forming the basis of or raised during such a disciplinary action shall not be taken based on the Collective Agreement. In situations where the Employer is unable referred to investigate the matter to its satisfaction, but feels the or used against an employee should be removed from his/her place of employment, it shall be with pay.at any time after eighteen
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any When an employee who is reprimanded, disciplined, suspended, discharged or investigated he/she shall have a Union representative present. An Employee shall only be disciplined in the presence of his/her Union representative. The Employee shall be given a letter in writing (except in the case of a verbal warning) of the reasons for any disciplinary action, suspension, discharge or reprimand at the time the action is taken. A copy of such letter shall be given to the Employee's Union representative at the same time. If any employee is suspended or dismissed discharged, he/she shall within five (5) days have the right to discuss the mater with the Chairperson/committee person in the Union office, before he/she is required to leave the Company's premises. Such meeting shall take place after the employee has swiped off the clock. In the case of such suspension or dismissalsuspension, all parties will meet to discuss the issues. The Company will make every attempt to issue the letter on the day of incident; however should this be provided with written notification which logistically impossible, a letter will be issued no later than before the end of the next working day. It should be understood and agreed that extensions to this time limit must be obtained in writing by mutual agreement between the Company and Union. The Employer shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other take any 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 suspension or discharge within five three (53) working days of the occurrence or discovery date of the incident giving rise or within three (3) working days of the date on which the Employer became aware of the incident. The onus is on the Employer to prove that they could not have known about the incident. At any stage of the grievance procedure, including Arbitration, the Company will be held to the complaintgrounds for discipline, suspension or discharge set out in such letters. This notification In addition, the Union shall include particulars be held to the grounds set out in any written grievance. It is recognized that a period of work performance probation is a period during which led the Employer has the right to assess an Employee to determine whether such dissatisfactionEmployee is, in the sole opinion of the Employer, acceptable for employment. If this procedure It is not followed, therefore recognized and agreed that probationary Employees may be released or dismissed at the absolute and sole discretion of the Employer during the probationary period and that such expression release or dismissal shall be for just cause. Any notice of dissatisfaction shall not become a disciplinary action which is intended to form part of his/her record for use an employees employment record, shall be given in writing with a copy to the Union and all such notice shall be deemed to be void and will not be used against him/her at any timein accordance with the dates stipulated below. This Clause shall apply in respect Written warnings - after 6 months. Suspension - 12 months Discharge records to remain on file unless stipulated through Arbitration or a grievance settlement. Or such documents will be removed irrespective of the above as the result of any expression of dissatisfaction relating to his/her work settlements under the Grievance Procedure or otherwise which may be detrimental to an employee's advancement or standing with without grievance procedure, when the Employer.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them matter is to be taken by settled between 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/parties. Each employee relations. Union representatives shall have access to examine any document expressing dissatisfaction with his/her performance or conduct which is in his/her corporate employment file with the Employer's premises Chairperson (or alternate Chairperson when in order to provide the required assistanceplace) present. 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 The employee shall have the right to have a Shop ▇▇▇▇▇▇▇ present comment on all matters relating any documentation in their employment file by writing to employer/employee relations.
42.06 Ifthe Manager, upon investigationHuman Resources. Such correspondence will be added to the employees file. Upon request, the Employer feels that disciplinary action is necessary, such action employee shall receive a copy of any documentation in their file. Such review of the employment file shall take place in the Human Resources office. An appointment must be taken based on made in advance with reasonable notice 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 payemployer.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee who is suspended Employees shall receive a copy of any verba\, written, or dismissed disciplinary letters that are placed on their file, a copy to the Union. Such letters shall within five (5) days become part of such suspension or dismissal, be provided the employee's work history. When the Employer schedules a meeting 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 in this regard, 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 ensure that ▇▇▇▇▇▇▇ or alternate is present on all matters relating to employer/employee relations.
42.06 Ifat such meeting. Verbal, upon investigationwritten 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, the Employer feels agrees to promptly supply same within ten 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 document or discipline that disciplinary action is necessaryto be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, such action but no later than ten days from each occurrence, or from the day of discovery of the violation. In the event the Employer requests any Bargaining Unit to undergo a Polygraph Examination (lie detector) or similar 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 taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels no adverse consequence should the employee should be removed from his/her place of employment, it decline the requested Polygraph Examination. The employee shall be entitled to Union representation prior to and after the test, as well, the Union Representativeshall be allowed to accompany the said employee to the location of the examination, however the Union Representative may not in the actual examination. Employees covered by this Agreement, who voluntarily agree to participate in a Polygraph Examination, shall be provided with paya of questions to be asked during the polygraph, prior to the actual Polygraph Examination. Anonymous calls to the Company shall not be grounds for discipline, warning letters, etc. Nothing will be retained in an employee's personnel file this regard.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee who Section 9.1. The following language on Discipline is suspended or dismissed shall within five (5) days the sole source of such suspension or dismissal, be provided with written notification which shall state rights and obligations of the reasons for the suspension or dismissalparties to this contract in these matters.
42.02 All dismissals, suspensions and other A. An employee may receive discipline for just cause.
B. The University may take disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if action against any employee for actions occurring while the employee so desires.
42.03 The Employer shall notify an employee is on duty, or off duty actions that negatively impact the employee's ability to function in writing the community, or working under the colors of any dissatisfaction concerning the University, or where the employee's conduct violates his/her work within five (5) working days oath 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 Employeroffice.
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) C. Employees shall have the right to Union representation at all hearings to determine discipline and conferences that may result in corrective action, or may choose to present their own case. The Union representative shall not interfere with the investigation; and shall be entitled to speak at the end of the interview. An employee shall be provided a reasonable opportunity to caucus with this/her Union representative.
D. Discipline shall be taken according to the seriousness of the offense and the basic purpose of such action is corrective and not punitive. The University shall administer progressive discipline that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
E. Discipline may be in the form of, but not necessarily start at written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge. Actual suspension time will be specified by hours per discipline.
F. Employees subject to all written discipline including written counseling (up to and including dismissal) shall receive notification of the actions in writing.
G. Employees who are subject to discipline (except for failure to qualify at the end of their initial probationary period) that immediately results in a suspension, demotion or dismissal shall have a Shop hearing by a hearing officer prior to the imposition of said action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated discipline. If facts arise during the investigation that cause the anticipated discipline to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled hearing. Such continuance must be requested at least one (-1) working day in advance of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days unless another time is mutually agreed to. The employee must choose to: (1) appear at the disciplinary conference and present an oral or written statement in his/her defense; (2) appear at the disciplinary conference and have one (1) chosen representative present an oral or written statement in his/her defense; or (3) elect in writing to waive his/her opportunity to have a disciplinary conference. Failure of the employee to elect and pursue one (1) of these three (3) options will be deemed a waiver of the employee's right to the disciplinary conference. At the disciplinary conference, the employee may present any testimony, witness, or documents which explain whether or not the alleged misconduct occurred. Discipline involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure.
H. An employee shall not be placed on an unpaid leave without the opportunity to appear at a disciplinary hearing.
I. The University reserves the right to terminate employment for the following reasons:
1. Voluntary resignation;
2. Discharge for just cause as set forth in this Article, Section 2, A.
3. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University or other mutually agreed to time frame.
4. Failure to return from a layoff within fourteen (14) calendar days of the issuance of a certified letter from the University.
J. After twenty-four (24) months from date of issue, loss of pay discipline shall not be considered in any subsequent determination of discipline unless there has been discipline in the intervening period, and the force and effect period for oounselin@: and reprimands shall be twelve (12) months. Written coachings and Guardiani T11ackililg entries will only afifect one annual evaluation. Coachings and[ Guardian Trackililg entries may be considered in promotioras and. Specialty; Assigraments.
K. In all cases of dismissal, the employee is entitled to payment of all wages due.
L. Employees who have been notified of an upcoming administrative hearing may meet with their ▇▇▇▇▇▇▇ present on all matters relating during working hours with no loss of pay or benefits to employer/employee relationsprepare for the hearing; such meetings shall be for a reasonable period of time.
42.06 IfM. Employees have the right to appeal discipline through the grievance procedure, upon investigationhowever, counseling's are not subject to the grievance process, and neither counseling's nor reprimands are subject to the arbitration process.
Section 9.3. Whenever the Employer or designee(s) interviews, questions, or interrogates bargaining unit members in reference to alleged or suspected misconduct, either in preliminary investigations or in disciplinary hearings, the Employer feels that disciplinary action is necessary, such action following conditions 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.apply:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any 6.01 The employee who shall have a right to review and initial material in the employee's file that may or may not be considered disciplinary in nature with the exception of initial employment papers. The employee shall have a right to have a representative present when reviewing the employee's personnel file.
6.02 The employee may reply to any disciplinary record in his/her file and it shall be annexed to the record and remain part of the file.
6.03 In imposing discipline, neither the Board nor the employee’s supervisor shall take into consideration any prior infraction which occurred more than two (2) years previously. An employee with a disciplinary record may, after two (2) years from the date of the incident or date of discipline, whichever is suspended earlier, apply to the Superintendent, in writing, to have the disciplinary incident removed from his/her personnel file. The Superintendent shall have sole discretion, without rebuttal, in determining whether the requested material is removed.
6.04 An employee shall be given a copy of any written reprimand, or dismissed shall other disciplinary action entered on his/her personnel record, upon request, within five (5) days workdays of such suspension or dismissalsaid request. Further, 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 will receive a copy of any dissatisfaction concerning his/her work suspension and/or discharge notice within five ten (510) working days of the occurrence or discovery action taken.
6.05 Employees shall be disciplined for proper and just cause and discipline shall be levied in a progressive and corrective manner. Disciplinary interviews and reprimands shall be made in private. Discipline shall take place within ten (10) working days of the incident giving rise to date 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 Board became aware of the Employeralleged infraction upon which the discipline is based. Any employee who has been disciplined by suspension or discharge will be given a written statement describing the reasons for which he/she has been suspended or discharged. The employee will be advised of the duration of the suspension or discharge. In the case of a written reprimand, suspension or discharge, 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 ▇▇▇▇▇▇▇ Union officer present, or if requested by management, the Union may be present on all matters relating to employer/employee relationsrepresent the bargaining unit member.
42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action 6.06 Any suspension shall be taken based for a specified number of consecutive days on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels which the employee should would be removed from his/her place regularly scheduled to work. Holidays occurring during a period of employment, it suspension shall be with paycounted as workdays for the purpose of suspension only.
6.07 This article does not apply to the non-renewal of limited or probationary contracts.
Appears in 1 contract
Sources: Negotiated Agreement
Discipline. 42.01 Any A. No bargaining unit member shall be disciplined except for just cause. Employees shall not be discharged or given a disciplinary suspension without first being given an opportunity to attend a conference where the employee who is suspended may give their version of the events at issue. The employee being so disciplined shall, upon request, have a Union representative present, but shall not have the right to be accompanied or dismissed represented by a private attorney or any other person other than the Union. Such a pre-suspension/discharge conference shall within five not be required relative to serious offenses requiring immediate action.
B. The University may promulgate and publish work rules regulating the conduct of bargaining unit employees and informing employees of the types of conduct which shall be deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Union President or their designee and the parties shall meet to discuss the proposed changes fourteen (514) days prior to the date they take effect, until the time new rules are promulgated, present department rules and the enumerated offenses stated in O.R.C. §124.34 will apply. The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner.
C. Copies of such suspension and discharge actions will be provided to the employee or mailed to the employee's address of record and mailed to the Union President or their designee at the time disciplinary action is taken.
D. Disciplinary suspensions shall be for a specified number of days and holidays shall be counted as a day of suspension for this purpose.
E. Suspensions and discharges may be submitted to the grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued.
F. Notices dealing with discipline consisting of a suspension or dismissal, be provided with written notification which termination shall state the type and amount of discipline imposed, and the reasons for the suspension disciplinary action taken. The notice shall include any contract provision, statute, policy or dismissalwork rule which the employer considers to have been violated. The Union shall receive a copy of the discipline notice at the time the notice is presented to the employee.
42.02 All dismissalsG. Disciplinary action will be removed from the employees personnel file and will cease to have any force or effect in compliance with the following schedule, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if provided the employee so desires.
42.03 The Employer shall notify has no intervening discipline while current discipline remains active. If an employee in writing of any dissatisfaction concerning his/her work within five (5) working days has intervening discipline during the time period that formal discipline remains active, the time of the occurrence or discovery of new discipline shall extend the incident giving rise to old discipline with it until the complaintnew discipline expires:
1. 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relationsand Written reprimand twelve (12) months.
42.06 If, upon investigation, 2. Suspension twenty four (24) months. Under this article the Employer feels that disciplinary action employer shall initiate any discipline within thirty (30) days of knowledge of infraction after it is necessary, determined discipline will apply (except where 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.not possible)
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge.
(a) No employee who has successfully completed his probationary period shall be disciplined except for just cause.
(b) Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is disciplined by suspension or discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 Where an employee alleges that the employee has been suspended or dismissed shall discharged in violation of clause 14.02, the employee may within five twenty (520) days of such the date of the employee's suspension or dismissal, be provided with written notification which shall state discharge invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurpose of a grievance alleging violation of clause 14.02, the employee shall lodge the employee's grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles which the employee has so alleged to have been contravened.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in Article 12, violation of Clause 14.02 then the employee shall be immediately reinstated in the employee's former position without loss of seniority or any other benefit which would have accrued to the employee if the employee so desireshad not been suspended or discharged. One of the benefits which the employee shall not lose is the employee's regular pay during the period of suspension or discharge, which shall be paid to the employee at the end of the next complete pay period following the employee's reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date that the employee is given oral notice or on the date specified in notice in writing given by personal service or by registered mail or by certified mail, but in the case of written notice shall be no later than the date notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 Employeremployer and if requested, the employees are entitled to have, at their request, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of his or her conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the Employer pre-arranges a meeting with an employee for the purpose of discussing impending disciplinary action as per 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee's option and within reasonable time limits, arrange to have a Union representative attend the meeting.
(a) Employees shall have the right, at any time, 14.12 The Employer agrees not to have the assistance of introduce as evidence in a full-time representative(s) of the Union on all matters hearing relating to employer/disciplinary action any document from the file of an employee, the existence of which the employee relations. Union representatives shall have access was not aware two (2) calendar weeks prior to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation time of grievance said hearing.
14.13 An oral reprimand shall not absent themselves from work except with permission from their supervisor be recorded on an employee’s records and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ 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 not to investigate the matter to its satisfaction, but feels the provide an employee should with written reasons for such disciplinary action.
14.14 The Employee will be removed from his/her place provided with a copy of employment, it shall all documents entered in his file. No document entered without his knowledge may be with payused against that employee.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and conditions of this agreement. In imposing discipline on a current charge, the Company will not take into account any prior infractions which occurred more than two years previously. Departmental disciplinary files will be purged of all discipline that is over two years old. The Company will impose discipline up to and including discharge where an employee with years or less of employment has falsified either medical, or employment records. The Company will not impose discipline for such after years of employment. An 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 required to formal grievance procedure as outlined in Article 12, if the employee so desires.
42.03 The Employer shall notify go to an employee in writing of any dissatisfaction concerning office to discuss some action on his/her work within five (5) working days part which will result in such employee being disciplined, shall have his/her Union Committeeperson present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeperson. At the occurrence time and employee is to be interviewed for discipline 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 followeddisciplined, such expression discipline will be issued in the privacy of dissatisfaction shall not become a part an office. Discharge Cases Upon being notified 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 ▇▇▇▇▇▇▇ 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 employmentdischarge, it shall be the duty of an employee to leave his/her department and go to the Human Resources Department. The Union departmental representative and the Plant Chairperson shall be immediately notified and given the opportunity to review such discharge case with paythe employee alone or with others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of his/her discharge excepting in cases where it is later determined that the discharge was not warranted. An employee who is discharged will be furnished with a brief written statement describing the misconduct for which he/she has been discharged. The written statement furnished to the employee shall not limit Management’s rights, including the right to rely on additional or supplemental information not contained in the statement to the employee. In the exceptional cases where the above is delayed, the special circumstances will be reviewed with the Plant Chairperson. The Plant Chairperson will receive a In the event an employee is discharged from employment and believes he/she has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided under the terms of this Agreement that an injustice has been done to the employee with regard to the discharge, the Company agrees to reinstate him/her and to reimburse him/her for the wages would normally have earned for the time lost, less what the employee has earned in outside employment since his/her discharge, to the extent of the hours would have normally worked for the Company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-Contributory Retirement Plan and for vacation purposes. In case of any such discharge, the Company must be notified in writing of the claims of the alleged wrongful discharge within five working days and the case shall be taken up promptly and diligent efforts made to dispose of it within three additional working days. An extension to the five working day time limit may be granted by mutual agreement between the Company and the Union. In the event the is notified as above regarding claim of wrongful the employee will be permitted to continue his/her protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve months. If the employee is reinstated and the Company is obliged to reimburse him/her for lost earnings, he/she will also be reimbursed to the of contributions he/she made to any such plans up the amount which normally would have been paid by the Company in his/her behalf. Should it be decided under this Article in the case of a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the Company has specified that the reason for the employee’s discharge will result in his/her being ineligible to receive a supplemental allowance), the arbitrator shall have the authority to determine in the case of an employee eligible to retire under Section of Article 1 of the Non-Contributory Retirement Plan whether the cause for his/her discharge should result in his/her being ineligible to receive a supplemental allowance under such Retirement Plan.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee 42.1 Employees who is suspended have satisfactorily completed their initial probationary period of six (6) months following their date of hire may not be discharged 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 otherwise subjected to any other disciplinary actionpenalty until after review of the discipline matter in accordance with the discipline procedures set forth herein. The procedures established in this Article shall apply in lieu of the procedures prescribed by Sections 75 and 76 of the New York State Civil Service Law. An employee serving a probationary period other than the initial probationary period following his/her date of hire whose conduct or performance is found to be unsatisfactory, shall be subject restored 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 former permanent position at 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 end of his/her record probationary term without recourse to the provisions of this Article.
42.2 An employee covered under the terms of this agreement shall not be disciplined except for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to misconduct or incompetency while performing his/her duties or if the misconduct or incompetency is not work related, the Employer can clearly demonstrate that the misconduct or otherwise which may be detrimental to an employee's advancement or standing with incompetency would adversely affect 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 ability of the Employeremployee to perform his/her job functions. After receipt of the discipline 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 a Shop ▇▇▇▇▇▇▇ present seek review of the discipline including the penalty involved by initiating an appeal in accordance with the procedure contained in this Article. The employee shall be entitled to representation by CSEA at each step of the aforementioned procedure. The employee shall be presumed innocent until proven guilty and the burden of proof on all matters relating to employer/employee relationsshall rest on the Employer.
42.06 If42.3 In any instance in which the appointing authority seeks to discipline an employee, upon investigation, the Employer feels that disciplinary action is necessary, such action a written Notice of Discipline shall be taken based on served upon the Collective Agreementemployee. In situations The Notice shall contain the reason/s for the discipline, including a description of the alleged acts and/or conduct and the dates, times, and places such acts occurred. Such Notice shall also specify the penalty. A copy of the Notice shall be served concurrently upon the President. An employee who is suspended without pay shall be allowed to waive all steps of the procedures contained in this Article 42 prior to arbitration and proceed directly to final and binding arbitration. An employee shall not be disciplined for acts that occurred more than eighteen (18) months prior to the Notice of Discipline except where the Employer is unable incompetency or misconduct complained of and described in the Notice would constitute a crime pursuant to investigate the matter Laws of New York. An employee shall not be suspended without pay for more than thirty (30) calendar days prior to its satisfaction, but feels specification and implementation of a penalty. An employee shall not be suspended nor shall the employee should be removed from his/her place of employment, it shall be with pay.subjected to any other penalty until a settlement incorporates a penalty or an award and decision is rendered by an arbitrator providing for a penalty. The thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee In the event of an Employee who is has attained seniority being discharged or suspended or dismissed shall within five (5) days of from employment, and the Employee feels that an injustice has been done, the case may be taken up as a grievance. All 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, cases 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 taken up within five four (54) working days and disposed of within seven working days (or such longer period as may be mutually agreed upon) of the occurrence date the Employee is notified of her discharge or discovery suspension, except where a case is taken to arbitration. A claim by an Employee who has attained seniority that she has been unjustly discharge or suspended from her employment shall be treated as a grievance if a written of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure grievance 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 lodged with the Employer.
42.04 When employees are required Administrator within four (4) working days after the Employee is notified of her discharge or suspension or within four (4) working days after the Employee ceases to attend a meeting where a disciplinary decision concerning them is to be taken by work for the Employer, or a representative whichever is the earlier. All steps of the grievance procedure prior to Step No. may be omitted in such cases. Such special grievances may be settled by confirming the Employer’s action in dismissing or suspending the Employee, or by re-instating the employees are entitled to haveEmployee with full compensation for time lost, at their request, a representative or by any other arrangement which is just and equitable in the opinion of the Union attend conferring parties or the meeting.
Board of Arbitration, as the case may be. The employer shall provide the Employee with two (a2) Employees copies of any written warning or written performance evaluation affecting the Employee. Any written reply by the Employee shall have the right, at any time, to have the assistance become part of a full-time representative(s) of the Union on all matters relating to employer/employee relationsher record. Union representatives It shall have access be up to the Employer's premises in order Employee to provide give a copy to the required assistanceUnion. Employees involved in such discussion or investigation Letters 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 reprimand are to have a Shop ▇▇▇▇▇▇▇ 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 an employee‘s personnel file after twelve (12) months from the date of employmentdiscipline, it shall except in the case of incidents involving third party interface residents and family where the record will remain on file. Records of suspension are to be with payremoved from an employee’s personnel file after eighteen (18) months from the date of discipline, except in the case of incidents involving third party interface i.e. residents and family where the record will remain of file.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any (1) An employee who will not be disciplined for falsification of Application for Employment forms unless such falsification is suspended or dismissed shall discovered and dealt with within five six (56) days of such suspension or dismissal, be provided with written notification which shall state months from 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=s hiring date.
(a2) Employees shall An employee called to meet with a member of management for the purpose of discussing any alleged misconduct will be notified that he will 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 his department ▇▇▇▇▇▇▇ present.
(3) His ▇▇▇▇▇▇▇, upon arrival, will be given time to familiarize himself with the matters to be discussed and may take notes.
(4) No such meeting shall commence until his department ▇▇▇▇▇▇▇ is present.
(5) No discipline shall be imposed more than five (5) working days after an alleged offence has come to the attention of the Company, provided that the employee concerned is present at work. This shall not apply however, where an investigation is being carried out by the Company.
(6) A period of suspension shall not include a qualifying day for a plant holiday.
(7) Copies of notices of discharge shall be given to the chairperson.
(8) Written notices of discipline will be expunged from an employee=s record following twelve (12) months from the date of issue.
(9) In the event a Written Discipline is issued to an employee, a copy shall be given to the plant chairperson by the end of the next subsequent shift.
(10) It is agreed that all discipline will be for just cause.
(11) All disciplinary suspensions will be served on all matters consecutive work days.
(12) Where an employee has been disciplined or discharged and the matter becomes the subject of a grievance, the Company will make available the disciplinary record of the grievor; upon request of the chairperson.
(13) Correction of excessive absenteeism shall be handled in a non- punitive manner. In calculating the percentage (%) of absence, casual weekly indemnity, WCB, personal leaves, union leaves or absences due to lack of work will not be used in the calculation. Vacations shall be credited as time worked for the purpose of calculating % of attendance
7.02 In grievances relating to employer/employee relations.
42.06 Ifdiscipline, upon investigation, the Employer feels that disciplinary action is necessarysuspension or discharge, such special grievances may be settled by confirming the action shall be taken based on of the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels Company or by reinstating the employee should be removed from his/her place with or without compensation for time lost or by any other arrangement which is just and equitable in the opinion of employment, it shall be with paythe conferring parties or of the arbitrator as the case may be.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any A. No non-probationary employee who is suspended shall be reduced in pay, suspended, reprimanded or dismissed discharged except for just cause. The principles of progressive disciplinary action shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissalpracticed.
42.02 All dismissalsB. Except in instances where the employee is found guilty of gross or serious misconduct as identified in Section J below, suspensions discipline will be applied in a corrective, progressive, and other uniform manner.
C. Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline, and the employee’s record of performance and conduct.
D. Records of disciplinary action, action shall cease to have force or effect or be considered in future disciplinary actions in accordance with the provisions of Section D of Article 10 (Personnel Files).
A. The Sheriff agrees that all disciplinary action shall be subject carried out in private and in a businesslike manner. If disciplinary action is warranted, the Sheriff agrees to formal grievance procedure as outlined carry out disciplinary action in the following manner: Disciplinary action must be based on charges which have been presented to the employee, or to a Union Representative, not more than fourteen (14) calendar days after the pre-disciplinary meeting described in Article 12, if 31. If no meeting is required (in case of a written or oral reprimand) the Employer must issue the disciplinary action within fourteen (14) calendar days after completion of the investigation. If no meeting is held (in the case of a waiver by the employee so desires.
42.03 The or the employee’s failure to appear), the Employer shall notify an employee in writing of any dissatisfaction concerning his/her work must issue the disciplinary action within five fourteen (514) working calendar days of 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 dissatisfactionpre-disciplinary meeting was scheduled. If this procedure more time is not followed, such expression of dissatisfaction shall not become a part of his/her record needed 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels that union shall provide an extension for a reasonable amount of time to enable the Sheriff to complete his investigation.
F. Except in instances where the employee is found guilty of gross or serious misconduct, disciplinary action is necessary, such action shall may be taken based on in the Collective Agreementfollowing order, provided, however, that this process may vary in accordance with the nature of the offense and the provisions of Section C above; in additional, levels of discipline may be repeated or omitted, as the Sheriff may determine is appropriate in a given situation:
1. 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 Verbal warning;
2. Written reprimand;
3. Second written reprimand;
4. Suspension (without pay.);
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any
14.01 The Employer shall not discipline, suspend or discharge an 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 without just cause. In any grievance over 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 burden of any dissatisfaction concerning his/her work proof of just cause lies 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 14.02 The Employer and Employee agree that all correspondence and meetings relating to attend discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The Employer accepts the concept of progressive discipline and agrees to apply it in a fair and reasonable fashion and in good faith.
14.04 The Employer shall not impose any discipline until the employee has been made aware of the situation requiring correction and the standard required; and has been given reasonable opportunity to improve. Prior to the imposition of any discipline or discharge an employee shall be notified at a meeting where a disciplinary decision concerning them is to be taken by with the Employer, or a representative Personnel Committee of the Employerreason(s) for such action and of their right to Union representation. If the employee so wishes, s/he shall be accompanied by a Union representative. Such a meeting shall be held as soon as possible after the employees are entitled to have, at their request, Employer requests such a representative of the Union attend the meeting.
(a) Employees 14.05 An employee shall have the right, at any time, to have the assistance of a full-time representative(s) be notified in writing of the grounds for any discipline at the time of the discipline. The Union on all matters relating shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to employer/employee relations. Union representatives any discipline, the Employer shall have access be limited to the Employer's premises grounds as originally notified under this Article.
14.06 Where an employee acts in order a manner that constitutes a danger to her/himself or others, notwithstanding the above provisions for progressive discipline, the Employer may suspend the employee with pay until the matter is resolved
14.07 Failure of the Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the required assistanceemployee and the Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Employees involved Any reply by the employee shall become part of the record and placed in such discussion the Personnel File. The Employer may not rely upon or use any written warning against an employee for any purpose unless this clause is first complied with.
14.09 Clauses14.03 and 14.04 notwithstanding, where the Employer believes on reasonable grounds that an employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the employee from duty with full pay and benefits for a period of twenty (20) days pending investigation of grievance the alleged act. Within that 20-day period the Employer 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 conduct a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 diligent investigation. If, upon on the basis of that investigation, the Employer feels reasonably concludes that there is clear and compelling evidence that the employee has committed such an act, the Employer may immediately suspend the employee without pay. This suspension shall become dismissal if no grievance is filed in accordance with Article 11. Should a grievance be filed, this suspension shall be resolved through the procedure specified in Article 11.06.
14.10 The record of any disciplinary action is necessary, and any matters forming the basis of or raised during such a disciplinary action shall not be taken based on referred to or used against an employee at any time after eighteen (18) months following such an action. It can be used if there is a new occurrence that is grounds for Discipline within the Collective Agreement. In situations where the Employer is unable 18 month period.
14.11 Any material related to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it matters mentioned in 14.10 shall be with paydestroyed 18 months after being placed in the Personnel File providing that no subsequent disciplinary action has been initiated within that period.
14.12 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 for just cause. If subsequent disciplinary action has been initiated within 18 months of the imposition of an earlier disciplinary action, the information from the earlier discipline is admissible as evidence in an arbitration hearing.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee At any time, an Employee, categorized as probationary, may be released by the Department Head or the County Administration. Such notice of release will be formalized in and will give the reason for the Employee being released as soon as practicable following the release. Employees shall provide at least ten (10) working days written notice of their intention to resign. In the event that an Employee terminates his employment with the County without submitting the Written notice in compliance with ▇▇▇▇▇▇ the Employee shall not be entitled to receive his regular cheque his final cheque until the next regular distribution of regular wage and salary cheques. An Employee who is suspended or dismissed shall within absent from his employment and who has not informed the Employer, may five (5) consecutive days of such suspension or dismissalunauthorized absence, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions considered to have abandoned his position and other disciplinary action, shall be deemed to have resigned. All Employees must comply with the approved and dress code as a condition of employment. Any member subject to formal grievance procedure as outlined in Article 12, if the employee so desires.
42.03 any level of discipline may be represented by an attending Union representative. The Employer County shall notify an employee the Union in writing (48) hours in advance of any dissatisfaction concerning his/her work disciplinary meeting. No Employee shall be disciplined without just cause. In the event that the County initiates formal disciplinary action against an Employee, that Employee and the Union shall be informed at the same time in writing as to the for such action. The correspondence to the Union shall be placed in the Union’s mailbox located at the Public Services Yard. An Employee who has been wrongfully disciplined, demoted, suspended or discharged and who is later reinstated shall be compensated in full for any loss of wages or benefits which resulted thereby. Past disciplinary infractions shall be deemed void and removed from the Employee’s file after (24) months from the date of the application of the discipline. Posting of Positions When a position of a Regular or Temporary nature is to be filled, notice of the vacancy shall be posted within five (5) working days, on all bulletin boards for a minimum of one (1) week. The position can be filled by appointment if it is to be filled for a period of less than (30) calendar days. Such notice will contain the following nature of position, qualifications, required knowledge and education, skills, shift, hours of work, experience, wage rate or range, consistent with the job description. Where there are qualified Union candidates for a posted position, their applications shall be considered first. Where qualified applicants have applied and a suitable candidate has been selected, the Employer shall appoint a candidate to the position within (30) days of the occurrence or discovery competition closure. Preference in the filling of positions shall be given to Employees of the incident giving rise County over all other persons, where the Employee has the required skills and ability 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 tasks of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingposition.
(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 ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement
Discipline. 42.01 Any A. The Employer will discipline for just cause only. Discipline will be in one or more of the following fo1ms:
1. Oral Reprimand
2. Written Reprimand
3. Suspension
4. Demotion
5. Discharge
B. Notices of suspension, demotions, and discharges will be in written form and will state the reason(s) for the action taken. Suspensions will set forth the time period for which the suspensions shall be effective. Demotions will state the classification to which the employee who is suspended or dismissed demoted. The Union shall within be provided with a copy of each such notice.
C. Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. 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 five (5) days years after the date of such suspension or dismissal, be provided with which the employee acknowledged the reprimand on condition that there arn no other similar instances relating to the issue that resulted in the initial written notification which shall state the reasons for the suspension or dismissalreprimand.
42.02 All dismissalsD. No employee in the certified unit will be questioned concerning an investigation of disciplinaiy action pertaining to their actions unless the employee being investigated has been given an opportunity to have a Union Representative present at such questioning. An employee shall not be deemed to have waived this right unless such waiver is in writing and signed and dated by the employee. If during the course of questioning an employee raises suspicion about themselves or othe1wise becomeg the subject of investigation, suspensions and other disciplinary action, shall be subject questioning will immediately cease until the employee is given opportunity to formal grievance procedure as outlined in Article 12have a Union Representative present. Additionally, if an employee has or develops a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee so desireshas the right to request Union representation and questioning will inunediately cease until the employee is given opportunity to have a Union Representative present.
42.03 The Employer shall notify an employee E. Employees may not be snspended without pay for more than thirty (30) working days in writing of any dissatisfaction concerning his/her work within calendar year. Discharges will be preceded by a five (5) working days calendar day suspension without pay.
F. Employees may examine their own individual personnel files pursuant to M.S. Chapter 13, the Government Data Practice Act.
G. Grievances relating to discharge may be initiated by Union in Step 3 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 Employergrievance procedure.
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 ▇▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, financial penalty, or discharge.
(a) No employee who has completed the probationary period shall be disciplined except for just cause.
(b) Disciplinary action resulting in the issuance of an oral or written reprimand, or suspension with pay, cannot be referred to Adjudication.
(c) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is suspended disciplined by suspension or dismissed discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 An employee who alleges discipline by suspension without pay or discharge in violation of clause 14.02 may, within five twenty (520) days of such suspension or dismissalthe date of the discipline imposed, be provided with written notification which shall state invoke the reasons grievance procedure including Adjudication as set out in this Agreement and for the suspension or dismissalpurposes of a grievance alleging violation of clause 14.02, shall lodge the grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including Adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles, which the employee has so alleged to have been contravened in Article 12, the response to the Employer's reason for the disciplinary action.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of clause 14.02 then the employee shall be immediately reinstated into the former position without loss of seniority or any other benefit which would have accrued if the employee so desireshad not been suspended or discharged. One of the benefits which shall not be lost is the regular pay during the period of suspension or discharge, which shall be paid at the end of the next complete pay period following reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date the employee is given oral notice, or on the date specified by notice in writing given to the employee by personal service, registered or certified mail. In the case of a written notice, the effective date shall be no later than the date the notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one (1) official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 haveand, at their requestif requested, while accompanied by a representative of the Union, an opportunity to read all documents relating to the assessment of the employee’s conduct or work performance that are held in the employee's official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
14.10 A record of disciplinary action shall be removed from the official file of an employee upon the expiration of a period of eighteen (18) months of work (not including inactive seasonal periods or leaves, paid or unpaid, for any reason in excess of four (4) consecutive weeks) following the effective date of the disciplinary action, provided no other instance of disciplinary action in respect of the employee has been recorded during this eighteen (18) month period.
14.11 Where the Employer schedules a meeting with an employee with the intention of discussing disciplinary action, as per Article 14.01 hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time limits, arrange to have a Union representative 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement
Discipline. 42.01 Any Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee who is suspended or dismissed shall within five (5) days and his/her supervisor that action beyond the documentation of such suspension or dismissalmeetings is necessary, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, meeting shall be subject to formal grievance procedure terminated until such time as outlined in Article 12, if a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee so desires.
42.03 The Employer shall notify employee's record. When there is a possibility that an employee may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of any dissatisfaction concerning his/her work the possibility within five fifteen (515) working days of the occurrence or discovery of the incident giving rise to the complaintpossible discipline or within fifteen (15) days of when the State first had knowledge of the incident. This notification shall include particulars The provisions of work performance which led this section are not to such dissatisfactionbe construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. If this procedure is not followedWhen the possibility exists that serious disciplinary actions (suspensions, such expression demotions, discharge) or allegations of dissatisfaction shall not become a part of client/patient/inmate/student abuse will occur, the State must, providing that the employee involved has completed his/her record initial probationary period or extension thereof, hold a discipline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative. In alleged matters of client/patient/inmate/student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which does not result in a loss of pay for use against himthe employee involved. Such action shall not constitute discipline under this Article. Said hearing will be held prior to any disciplinary action being taken. In the event the disciplinary hearing involves allegations of client/her at any timepatient/inmate/student abuse and the allegations are substantiated, the employee shall be terminated. This Clause No employee covered by this Agreement shall apply be suspended without pay, demoted or dismissed without first having been given notice in respect writing of any expression the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of dissatisfaction relating suspension, demotion, or dismissal will be afforded an opportunity to meet with the appointing authority or 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 representative prior to the Employer's premises in order to provide the required assistanceaction proposed. 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 A Union representative/▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, may be present. At that meeting 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 appointing authority or his/her place designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), it minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file. Records may be removed by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with paythe objective of promoting harmonious relationships.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee who 34.01 No Employee shall be disciplined by written reprimand, suspension without pay or discharge except for just and sufficient cause; however, a Probationary Employee may be discharged if, after a fair and reasonable evaluation by the Employer in accordance with the provision of Article 25.07, he/she is suspended or dismissed found to be unsuitable. Termination of employment after a fair and reasonable evaluation during an Employee's probationary period shall not constitute "discipline" under this Agreement.
34.02 When an Employee is disciplined, the Employee shall be immediately provided with written confirmation. In addition, within five (5) days the Employer shall provide the reasons in writing for the action taken. A copy of such notice shall be sent to the Union.
34.03 Where an Employee alleges one has been disciplined in violation of Article 34.01, the Employee may within ten (10) days of receipt of written reasons invoke the Grievance Procedure. In the case of suspension or dismissaldischarge, be provided with the Employee shall lodge the grievance at Step Two in the Grievance Procedure within ten (10) days of receipt of written notification which shall state reasons. If a satisfactory settlement is not reached, the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, shall be subject Employee may proceed to formal grievance procedure arbitration as outlined in Article 1236.
34.04 Where it is determined that an Employee has been disciplined in violation of Article 34.01, that Employee shall be reinstated immediately in the Employee's former position without loss of pay or any other benefit which would have accrued to the Employee if the employee so desiresEmployee had not been suspended or discharged.
42.03 The Employer shall notify an employee 34.05 Evidence used in writing cases of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of the incident giving rise discipline will be disclosed 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 EmployerUnion upon request.
42.04 When employees are required 34.06 Any Employee subject 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 this article has the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating submit any information they believe to employer/employee relationsbe relevant to the determination of discipline.
42.06 If34.07 Upon the Employee’s request, upon investigation, the Employer feels that any notice of disciplinary action is necessaryor any other document concerning disciplinary action, such action other than evaluation reports or payroll transactions, which may have been placed on the Employee’s personnel file shall be taken based on removed after twenty-four (24) months have elapsed since the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfactiondisciplinary action was taken, but feels the employee should be removed from his/her place of employment, it shall be with payprovided no further disciplinary action has been recorded during this period.
Appears in 1 contract
Sources: Instructional Agreement
Discipline. 42.01 Any employee who is suspended Employees shall receive a copy of any verbal, written, or dismissed disciplinary letters that are placed on their file, with a copy to the Union. Such letters shall within five (5) days become part of such suspension or dismissal, be provided the employee's work history. When the Employer schedules a meeting 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 in this regard, 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 ensure that a Shop ▇▇▇▇▇▇▇ or alternate is present on all matters relating to employer/employee relations.
42.06 Ifat such meeting. Verbal, upon investigationor 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 feels 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 document or discipline that disciplinary action is necessaryto be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, such action but no later than ten (10) days from each occurrence, or from the day of discovery of the violation. In the event the Employer requests any Bargaining Unit employee to undergo a Polygraph Examination (lie detector) or similar 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 taken based on the Collective Agreement. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels no adverse consequence should the employee should be removed from his/her place of employment, it 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 paya list of questions to be asked during the polygraph, prior to the actual Polygraph Examination. Anonymous calls to the Company shall not be grounds for discipline, warning letters, etc. Nothing will be retained in an employee's personnel file in this regard.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any 16.1 Except for those covered employees who may be terminated during their probationary period, no covered employee who is suspended 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 dismissed shall within five (5) days of such suspension external source, or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissallayoffs due to retrenchment.
42.02 16.2 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 dismissalsdiscipline shall be documented in writing, suspensions and other 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 of the employee.
16.3 All disciplinary documentation shall be subject 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 formal grievance procedure be acceptance of the rendered discipline or as outlined a waiver of any right to which the employee may be entitled.
16.4 As set forth in Article 124.5.6 a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee so desires.
42.03 The Employer shall notify an when that employee reasonably believes that the interview or meeting may result 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 disciplinary action against him/her her. The Association representative's role at any timean investigative interview or meeting is to consult with the employee. This Clause shall apply in respect of any expression of dissatisfaction relating The CCSNH is free to his/her work or otherwise which may be detrimental to an insist upon hearing the 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 own account of the Employermatter(s) under investigation. The Parties agree that in all cases, the employees are entitled to have, at their request, a representative principles 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 “▇▇▇▇▇▇▇ present on ▇▇▇▇”, “▇▇▇▇▇▇▇”, “▇▇▇▇▇▇▇▇▇▇” and all matters relating other applicable case law shall be observed. The provisions of this Article shall apply to employer/employee relationsboth full-time and part-time covered employees.
42.06 If, upon investigation, 16.5 A covered employee who is the Employer feels that subject of a disciplinary action is necessary, such action investigation shall be taken notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation or wrongdoing that requires investigation and the anticipated date of completion of the investigation. All investigations shall be 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 the employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall 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 investigation the employee shall retain his/her current position, status, schedule, assignment and rate of pay, except as provided in Article 16.6, below or as otherwise 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 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any Employees who are to be or may be disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with the Cook County Disciplinary Action Policy and Procedure. The Union and the County agree that discipline should be timely, progressive and accompanied by counseling. It is understood that all disciplines below suspension shall be discarded after one (1) calendar year if the employee who has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the date the suspension was issued, provided the employee has not received discipline for the same or similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be considered in determining future disciplinary actions regardless of how long ago the suspension was issued. Offenses constituting a criminal or civil violation of federal, State or municipal law include, but are not limited to, laws prohibiting discrimination and harassment on the basis of another person’s membership in a protected class. Once discipline is suspended removed, it will not be considered in determining future disciplinary actions; provided, however, that neither the employee nor the Union will claim in any subsequent arbitration that the employee had a "clean" or dismissed "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be free to use any discipline issued to the employee regardless of the provisions of this Section. If the County has reason to discipline an employee, it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action promptly. Generally, the pre- disciplinary hearing shall be convened within five thirty (530) days of such suspension the time the alleged infraction occurred or dismissal, became known to the Department. This time frame shall not be provided with written notification which strictly applied and may be extended if the Employee or the Employee’s representative is granted a delay of the pre- disciplinary hearing or if the pre-disciplinary hearing or its completion is delayed for reasonable cause. The County shall state notify the reasons for Union and the suspension or dismissal.
42.02 All dismissals, suspensions employee of a pre-disciplinary meeting and other set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be relied upon. During the pre-disciplinary action, meeting the employee and/or the Union representative shall be subject given an opportunity to formal grievance procedure as outlined in Article 12, if rebut or clarify 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 charges which gave rise to the complaintpre-disciplinary meeting. This notification The pre-disciplinary meeting shall include particulars be scheduled in a timely manner. In the event, the Union’s representative or designee does not respond to scheduling of work performance which led to such dissatisfaction. If this procedure is not followedhearing, 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 the employee may be detrimental disciplined accordingly. The County shall make every reasonable effort to an assign a manager from a different department than the department in which the act that gave rise to the pre-disciplinary meeting occurred. An employee's advancement or standing disciplinary record in accordance 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 Employerprovisions of Article IV, or a representative Section 4.13 of the EmployerHealthcare Professionals, the employees are entitled to haveTechnicians, at their requestTechnologist, a representative Oak Forest Hospital and Article XIV, Section 14.1 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 ▇Stroger/▇▇▇▇▇▇ present on all matters relating Agreements shall ▇▇▇.▇▇ used to employer/employee relationsdetermine whether or not they are promoted or laterally transferred.
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
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any A claim by a seniority employee who is suspended or dismissed that the employee has been unjustly discharged. shall within five (5) days be as a grievance if a written statement of such suspension grievance is with the Superintendent of Employee Services within three working days after the discharge. Such special grievance shall be dealt at Step 2 and the balance of the grievance Such three working day time limit shall be extended only where it is physically impossible for the to comply, for example, the employee is to jail. or dismissal‘hospital.. In no event shall such extension exceed seven working a total of ten working days from date of discharge. A by a seniority that the employee has been disciplined shall be as if a written statement such grievance is lodged at Step 1 of the Grievance Procedure! and conforms to the requirements to Article IX. the parties agree should board determine that an employee has been unjustly disciplined or discharged such employee be reinstated in the former position, without loss of seniority, and shall be compensated for all straight time wages less any monies which the earned or reasonably have earned, in the interim, or any other decision which is just and equitable in circumstances. - - employee shall be provided in writing with written notification any notation of derogatory or disciplinary action which shall state is to be placed on the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, employee’s employment record. Such notice shall 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 (5) working seven calendar days of the occurrence or discovery of the incident giving occurrence rise to the complaint. This notification shall include particulars of work performance which led to action and 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 notice 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 acknowledged 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 relationsby receipt. 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 The ▇▇▇▇▇▇▇ present on all matters relating to employer/sign as witness receive a copy of the document, Any written communication with an employee relations.
42.06 If, upon investigation, the Employer feels that concerning derogatory or 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 employee’s file there has been no further incident with said employee after a period of employment‘two years, - - The Union undertakes and agrees that while this Agreement is in operation neither the nor any employee shall take part in, or encourage any strike, picketing, slowdown, or any suspension of, or stoppage of, or interference with work or production against the Board which in any affect the operations of the Board, nor shall there be any sympathy strikes or and the Board agrees that it shall be with paywill not in any lockout during the term of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee who is suspended 10.01 The right to discharge or dismissed otherwise discipline employees shall within five (5) days remain at the discretion of such suspension or dismissalthe Company, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, except that there shall be no discharge or disciplinary action of employees, who have completed their probationary period, without just cause and such action subject to formal the grievance procedure as outlined in Article 12, if the employee so desires.
42.03 The Employer procedure. "Just cause" for discharge 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 be deemed to include but shall not be limited 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.
following: (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.
Operating equipment while intoxicated; (b) Employees Falsification of time or production records; (c) Attempted injury to another employee; (d) Theft of product or other Company property, or the property of other employees; (e) Deliberate damaging of Company property; (f) Possession of alcohol or illegal drugs on Company premises.
10.02 Where a discharge or suspension of any employee who has completed his probation period is involved, the ▇▇▇▇▇▇▇, if possible, or, if it is not possible and the employee requests it, another employee shall have be called in to be present at the right to have a Shop interview between the employee and the management representative. The ▇▇▇▇▇▇▇ present on all matters relating shall be informed of the suspension or discharge prior to employer/employee relationsthe interview.
42.06 If, upon investigation, the Employer feels 10.03 A complaint by an employee that disciplinary action is necessary, such action has completed his probation period that he has been unjustly discharged shall be taken based considered a grievance. In processing such a grievance the first step of the grievance procedure shall be dispensed with the grievance shall be submitted in writing directly to the Director of Operations or his designated representative within three (3) working days after the discharge.
10.04 When an employee is discharged or suspended he shall, when possible, have the right to meet with a ▇▇▇▇▇▇▇ in an area designated by the Company for a period of time before leaving the Company’s premises. This shall not apply in the event it is necessary to remove the employee from the Company’s premises immediately.
10.05 In disciplining employees the first normal step shall be to first warn the employee in writing and to furnish a copy to the Department ▇▇▇▇▇▇▇. A repetition of the offence or another offence by the same employee will automatically involve a suspension. The length of such suspension is to be at the discretion of the Director of Operations or his representatives, but is not to exceed one week. A further repetition of the offence or another offense following suspension automatically involves discharge. Notwithstanding the above, both parties agree that there are some offenses that automatically involve discharge, or suspension on the Collective Agreementfirst offense; this of course is subject to the grievance procedure. In situations where It is agreed that this clause will in no way diminish the Employer is unable to investigate the matter to its satisfaction, but feels the employee should provisions of Article 10.01 involving discharge for certain prescribed misconduct.
10.06 Any written warnings that are placed on an employee’s formal record shall be removed from his/her place that record after a period of employment12 months, it provided there has been no further reoccurrence of discipline during that period. Any written suspension that are placed on an employee’s formal records shall be with payremoved from that record after a period of 24 months, provided there has been no further reoccurrence of discipline during that period.
Appears in 1 contract
Sources: 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 14.1 The Employer shall notify not discipline an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of who has completed the occurrence or discovery of the incident giving rise probation period without just cause. An employee under investigation may have a Guild representative and, with notice 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 haveGuild’s legal representative, or another employee present 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 investigatory interviews meetings with permission from their supervisor and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels that disciplinary during administrative/internal investigationsdisciplinary or discharge proceedings. Disciplinary action is necessaryor measures may include oral reprimand, such written reprimand, demotion, suspension or discharge. Disciplinary action shall be taken based within forty-five (45)sixty (60) calendar days of the Chief's or Commander's knowledge of the incident which is the basis for the disciplinary action. The Chief or designee may request a mutually-agreed upon extension and a reasonable request may not be denied.
14.1.1 After an investigation is completed, the employee and the Guild shall be advised of the results of the investigation, any further action to be taken on the Collective Agreement. In situations incident, and, in cases where discipline is contemplated, the employee’s right to a pre- disciplinary hearing prior to the imposition of final discipline.
14.1.2 Within a reasonable period after the conclusion of the investigation, and no later than three (3) days prior to a pre-disciplinary hearing, the Employer is unable to investigate the matter to its satisfaction, but feels shall provide the employee should and the Guild will be provided with an electronic copy of the internal investigationaccess to all materials considered by the Chief in recommending the proposed discipline. The Guild may request to extend the date of the pre- disciplinary hearing and a reasonable request will not be denied.
14.2 Disciplinary action notices for oral or written reprimands shall be removed from his/her place an employee’s personnel file at the request of employmentthe employee not be considered for progressive discipline purposes after three (3) years of subsequent service excluding breaks in service such as disability or other extended leaves of absence, it provided there have been no additional disciplinary actions in the interim.
14.2.1 Disciplinary actions shall be with payremain in the employee's personnel file except as provided in Section 14.2 and given appropriate weight in subsequent personnel actions, which are appealable through the grievance procedure. The weight given by an arbitrator hearing an appeal shall take into consideration the severity of the incident(s) and whether there are any recurring incidents of a similar nature - including the length of time since the last incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any 8.01 An employee who is has been suspended or dismissed discharged and reinstated under the grievance procedure shall within five have all rights and benefits enjoyed prior to such suspension or discharge subject to any agreement to the contrary between the parties hereto or subject to the terms of the decision of the Arbitrator, if applicable.
8.02 In cases where the conduct of the employee who has completed his probationary period is considered by the Employer to warrant dismissal, the employee shall be suspended without pay so that the matter may be investigated by the Union. Written reasons for such dismissal shall be provided by the Employer to the employee and the Union forthwith upon the request of the employee or the Union for the same. The suspension shall become a dismissal after ten (510) days from the effective date of such suspension unless a grievance against such suspension and pending dismissal is filed. If the grievance is filed, the suspended employee will be reinstated, suspended, dismissed or dismissalotherwise dealt with in accordance with any agreement reached under Article 8, be provided or in accordance with written notification which shall state the reasons any arbitration award under Article 9.
(a) An employee requested to meet with an out-of-scope manager for the suspension or dismissalpurpose of imposing discipline, shall have the option of having a Union representative present.
42.02 All dismissals(b) Communicating performance expectations, suspensions providing feedback on work performance and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the employee so desirescoaching for performance improvement do not constitute discipline.
42.03 8.04 The Employer shall notify an employee within forty-five (45) days of determining that the alleged behaviour or alleged misconduct may result in discipline. Failure to impose the discipline within this time period will render the discipline void, unless the behaviour or misconduct is the subject of an ongoing investigation.
8.05 A Union representative, as referenced in Article 6.10, shall notify her/his supervisor and provide a time estimate before leaving her/his work area to carry out responsibilities under this Article or Article 9.
8.06 Disciplinary verbal and written reprimands shall be removed from an employee’s personnel file after a period of thirty-six (36) months following the date of the most recent discipline and upon a request in writing by the employee. For all other disciplinary matters, the employee may apply to the Human Resources Department to have any disciplinary-related document removed from his or her personnel file after a period of any dissatisfaction concerning his/her work within five thirty-six (536) working days months following the date of the occurrence or discovery of discipline, provided that during this period no subsequent disciplinary documents are placed in the incident giving rise to the complaintemployee’s file. 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 The Employer shall have sole discretion to determine if these disciplinary documents are removed from 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 ▇▇▇▇▇▇▇ 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 Agreementemployee’s file. In situations where involving discipline for proven matters of a more serious nature such as sexual harassment, violence or theft, the Employer is unable to investigate the matter to its satisfaction, but feels the employee should disciplinary letters shall not be removed from his/her place of employment, it shall be with paythe personnel file.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee who is suspended The Chief of Police shall have disciplinary authority:
A. to discharge Employees under his command 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, to issue disciplinary suspensions and other to Employees. Such disciplinary action, action shall be deemed final, subject only 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 appeal of the occurrence disciplinary action through the grievance procedure. The arbitrator retains the right to nullify or discovery of otherwise alter the incident giving rise discipline as well as require back pay and restore benefits if it so chooses; and
B. to place an Employee on paid or unpaid administrative leave pending an investigation for such time as is necessary to complete the complaint. This notification shall include particulars of work performance which led to such dissatisfactioninvestigation. If this procedure the Employee is not followedplaced on unpaid administrative leave, such expression of dissatisfaction leave shall not become exceed one hundred and fifty (150) calendar days, except in cases where the Employee is the target of a part criminal investigation. After one hundred and fifty (150) calendar days, except in cases where the Employee is the target 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 Employercriminal investigation, the employees are entitled Employee shall be placed back on paid administrative leave until the investigation is completed and Notice of Charges have been provided and discipline issued. Such disciplinary action shall not be deemed final until the investigation to havewhich it relates is completed, at their request, a representative of which time 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 appeal said disciplinary action, including any unpaid administrative leave implemented through the grievance procedure with respect to the disciplinary action, including discharge. Such unpaid administrative leave shall be considered as disciplinary action and shall be made a Shop ▇▇▇▇▇▇▇ present part of any grievance initiated and processed through Article 8. For example, if the Department places a covered member on all matters relating to employer/employee relations.
42.06 Ifunpaid administrative leave for thirty (30) scheduled days of work and after the investigation is completed, upon investigationissues a ten (10) days of work suspension for alleged violation(s), the Employer feels that disciplinary action owes the covered member twenty (20) days of work back pay, along with any lost fringe benefits provided the member does not grieve the discipline. If the discipline is necessary, such action grieved the member will be compensated once the grievance process is completed. Nothing in this paragraph shall prevent the Labor Council and the City to arrive at discipline by mutual agreement of the Labor Council and the City. The arbitrator retains the right to nullify or otherwise alter the discipline as well as require back pay and restore benefits if the Arbitrator or court of competent jurisdiction so determines. All unpaid administrative leave successfully claimed or awarded under the grievance procedure as being compensable to the Employee as back pay shall be taken based on paid by the Collective City after the grievance arbitration or disciplinary proceeding becomes final. If an Employee elects to file a grievance as to any discipline imposed that involves a suspension or discharge, the grievance shall be processed in accordance with Article 8 of this 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, except that it shall be with payfiled at Step 3 of the procedure.
Appears in 1 contract
Sources: Side Letter Agreement
Discipline. 42.01 Any SECTION 1. No non probationary employee who is suspended shall be reduced in pay or dismissed shall within five (5) days of such suspension position, suspended, discharged, or dismissal, be provided with written notification which shall state the reasons removed except for the suspension or dismissaljust cause.
42.02 All dismissalsa. Except in instances where the employee is found guilty of gross misconduct, suspensions discipline shall be administered in a uniform progressive manner and other in accordance with the Employer’s policy.
b. Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline and the employee’s record of performance and conduct.
c. Whenever the Employer determines that a non-probationary employee may be disciplined for just cause that could result in suspension, reduction, or termination, a pre-disciplinary actionhearing will be scheduled with the Union Representative to give the employee an opportunity to offer explanation of the alleged misconduct. Prior to the hearing, the employee shall be given written specification of the charges. The pre-disciplinary hearing, if any, shall be subject held in private and shall be completed within thirty (30) calendar days from the date the written specification of charges are given to formal grievance procedure as outlined in Article 12the employee. Any discipline that is administered following the hearing shall be issued within forty-five (45) calendar days from the date of Employer/designee’s report, if except where the employee so desires.
42.03 is unavailable. In such case, the discipline shall be administered within fourteen (14) calendar days of the Employee’s return. The Employer shall notify designate a hearing officer who shall be an employee of the City who will conduct the pre-disciplinary hearing. The employee may choose to:
(1) Appear at the hearing to present oral or written statements in his/her behalf.
(2) Elect in writing to waive the opportunity to have a disciplinary hearing. Failure to elect and pursue one of these options will be deemed a waiver of the employee’s right to a disciplinary hearing. During the hearing, the employee will be asked to respond to allegations of misconduct and may present evidence on his/her behalf. The Hearing Officer shall issue in writing his/her recommendations regarding the allegations against the employee and will provide the employee and employee representative with a copy.
SECTION 3. Records of written warning shall cease to have force and effect twelve (12) months from the date of issuance. Records of written reprimand shall cease to have force and effect eighteen (18) months from the date of issuance. Any other record of discipline of any kind shall cease to have force and effect twenty-four (24) months from the date of issuance. Upon the employee’s written request, disciplinary records which no longer have effect shall be placed in a sealed envelope within the employee’s file
SECTION 4. The Employer agrees that all disciplinary procedures shall be carried out in private and in a businesslike manner.
SECTION 5. Any employee under indictment or arrested for a felony may be placed on unpaid leave of absence until resolution of the court proceedings. An employee may use accrued vacation, holiday or personal time during the leave. The employer shall continue to pay the employees insurance premiums during the leave of absence.
SECTION 6. A Bargaining Unit Member may resign in writing of his own accord at any dissatisfaction concerning his/her work within five (5) working days time subject to the following: He may resign prior to disciplinary proceedings or at any time during the hearing prior to the conclusion 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 ▇▇▇▇▇▇▇ 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 Agreementhearing. In situations where the Employer is unable to investigate the matter to its satisfactioncase of such resignation, but feels the employee should be removed from his/her place of employment, it his employment record shall be with payshow a voluntary resignation.
Appears in 1 contract
Sources: 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 ▇▇▇▇▇▇▇ 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
Sources: 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 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 Town shall have the right to have a Shop ▇▇▇▇▇▇▇ present discharge, suspend or discipline any employee for just cause. Without limitation and only for illustrative purposes just cause shall mean among other things, dishonesty, (including dishonest falsifying of time records); insubordination; consumption or possession of alcoholic beverages and/or non-prescribed drugs on all matters relating the employee's person or property or in other vehicles during working hours (including lunch or other breaks); giving false information in connection with time records; theft; willful and deliberate damage or destruction of materials or equipment; unauthorized absence from work, except in emergencies; gambling while on duty; persistent or serious infraction of reasonable rules or instructions promulgated by the Town; failure to employer/report any accident of which the employee relations.
42.06 Ifis aware or has knowledge of on the day on which it occurred; refusal to do reasonable work assigned; the use, upon investigationreceipt or obtaining of any benefit of this Agreement contrary to the provisions of this Agreement, or through any misrepresentation by the Employer feels that employee or any other person in connivance with the employee. The parties agree to remove notices of disciplinary action is necessaryfrom the employee personnel file if no further infraction occurs within the stated period:
1) Notice of Oral Reprimand removed after one year;
2) Written Reprimands removed after three years;
3) One-day suspension removed after five years;
4) Two-day suspension removed after six years;
5) Three-day suspension removed after seven years. The use, such action receipt or obtaining of any benefit of this Agreement, contrary to the provisions of this Agreement or through any misrepresentation by the employee or any other person on behalf of the employee shall be taken based on grounds for discipline. It is further understood that the Collective Agreement. In situations where misuse of any benefit contained in this Agreement may be cause for the Employer is unable denial of the use of said benefit to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place and the reimbursement by the employee to the Town for any of employment, it its costs in addition to any other discipline permitted by this Agreement or by law. The first six (6) months of employment shall be with payconsidered a probationary period. During the probationary period employees may be disciplined, dismissed or laid-off without recourse to the grievance and arbitration procedures of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any a) There is an obligation on the part of the employee to conduct himself with dignity; to observe the terms of employment and conditions of service to the best of his ability; to obey the lawful orders of his superiors and to perform his work to standard efficiency and to uphold the good reputation of the Exchange.
b) No unfavourable report against the record of any employee shall be recorded before the employee is given the opportunity of defending himself in accordance with the grievance procedure of this Agreement.
c) If any unfavourable report is recorded on the record of any employee, a copy shall be given to him at the time of recording. No documentary evidence shall be used against an employee charged unless he has previously been supplied with a copy thereof, or given access thereto.
d) If a written warning is given, a copy of the warning, specifying the charge, shall be given to the employee on the basis of the offences hereunder. If the employee disagrees with the decision, the grievance procedure as laid out in Article 10 should be followed.
e) No reference shall be made to minor offences beyond a period of twelve [12] months, if the employee’s record has been clear in the interval.
f) An employee who is undergoing a disciplinary investigation or is charged with a criminal offence may be suspended or on half pay. Such suspension shall last until the end of the investigation and/or prosecution and if proved guilty, the employee may be dismissed shall within five (5) days with retrospective effect from the date of suspension. In such an instance any salary paid to the employee during the period of suspension or dismissal, must be provided with written notification which shall state the reasons for the suspension or dismissalre-imbursed.
42.02 All dismissalsg) Notwithstanding the provisions of this Article, suspensions the laws of the country shall prevail and other disciplinary action, this without prejudice to the right of the employer or the employee to take any action in terms of law. There shall be subject to formal grievance procedure as outlined in Article 12three levels of offences, if namely: - Gross Misconduct - Misconduct - Minor Offence Such cases shall include: - Breach of the employee so desires.
42.03 The Employer shall notify Code of Conduct and Ethics of the Exchange - Dishonesty within and outside the Exchange - Behaviour rendering an employee in writing incapable of any dissatisfaction concerning his/her work carrying out his duties - Conduct within five (5) working days or outside the Exchange unbecoming an employee of the occurrence Exchange - Theft within and outside the Exchange - Assault - Flagrant or discovery repeated sexual harassment - Flagrant or repeated disobedience - Flagrant or repeated disregard of the incident giving rise Exchange’s rules and practices - Continuous poor performance - Repeated unauthorised and / or unjustified absence from work - Money laundering either as a principal or as an accomplice - Misappropriation or withholding, even temporarily, any document, computer data, record, money or other assets belonging to the complaint. This notification Exchange or its customers - Knowingly falsifying or suppressing the records of the Exchange - Unauthorised divulgation of Exchange / customer confidential information to unauthorised third parties - Poor work leading to a loss to the Exchange - Wilful damage to the Exchange’s property Such cases shall include particulars include: - Repeated poor performance Persistent unwarranted unpunctuality - Persistent unauthorised absences - Persistent disobedience - Disregard of the Exchange’s rules and practices - Carrying out private business during office hours on Exchange premises - Sexual harassment Such cases shall include: - Poor work performance which led to such dissatisfaction. If this procedure is not followed, such expression and Inefficiency - Unauthorised absences All cases of dissatisfaction gross misconduct and misconduct 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 investigated 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 relationsExecutive Committee. 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 ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such action Minor offences 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 dealt with payand decided upon by Manager HR.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any employee who Section 9.1. The following language on Discipline is suspended or dismissed shall within five (5) days the sole source of such suspension or dismissal, be provided with written notification which shall state rights and obligations of the reasons for the suspension or dismissalparties to this contract in these matters.
42.02 All dismissals, suspensions and other A. An employee may receive discipline for just cause.
B. The University may take disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if action against any employee for actions occurring while the employee so desires.
42.03 The Employer shall notify an employee is on duty, or off duty actions that negatively impact the employee’s ability to function in writing the community, or working under the colors of any dissatisfaction concerning the University, or where the employee’s conduct violates his/her work within five (5) working days oath 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 Employeroffice.
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) C. Employees shall have the right to Union representation at all hearings to determine discipline and conferences that may result in corrective action or may choose to present their own case. The union representative shall not interfere with the investigation and shall be entitled to speak at the end of the interview. An employee shall be provided a reasonable opportunity to caucus with his/her Union representative.
D. Discipline shall be taken according to the seriousness of the offense and the basic purpose of such action is corrective and not punitive. The University shall administer progressive discipline that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
E. Discipline may be in the form of, but not necessarily start at written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge. Actual suspension time will be specified by hours per discipline.
F. Employees subject to all written discipline including written reprimands (up to and including dismissal) shall receive notification of the actions in writing. Written verbal warnings may be issued, however, are not considered discipline for the purpose of this Article.
G. Employees who are subject to discipline (except for failure to qualify at the end of their initial probationary period) that immediately results in a suspension, demotion or dismissal shall have a Shop hearing by a hearing officer prior to the imposition of said action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated discipline. If facts arise during investigation that cause the anticipated discipline to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled hearing. Such continuance must be requested at least one (1) working day in advance of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days unless another time is mutually agreed to. The employee must choose to: (1) appear at the disciplinary conference and present an oral or written statement in his/her defense; (2) appear at the disciplinary conference and have one (1) chosen representative present an oral or written statement in his/her defense; or (3) elect in writing to waive his/her opportunity to have a disciplinary conference. Failure of the employee to elect and pursue one (1) of these three (3) options will be deemed a waiver of the employee’s right to the disciplinary conference. At the disciplinary conference, the employee may present any testimony, witness, or documents which explain whether or not the alleged misconduct occurred. Discipline involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. The Hearing Officer shall issue a written report within ten (10) calendar days of the conclusion of the hearing. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure.
H. An employee charged with or under indictment for a felony, or any crime which results in a weapons disability, may be placed on a paid leave of absence until resolution of the court proceedings. Upon a resolution of the proceedings, the employee may be subject to discipline by the University under Section C of this Article.
I. The University reserves the right to terminate employment for the following reasons:
1. Discharge for just cause as set forth in this Article, Section 2, A.
2. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University or other mutually agreed to time frame.
3. Failure to return from a layoff within fourteen (14) calendar days of the issuance of a certified letter from the University.
J. After twenty-four (24) months from date of issue, loss of pay discipline shall not be considered in any subsequent determination of discipline unless there has been discipline in the intervening period, and the force and effect period for counseling and reprimands shall be twelve (12) months. Written Coachings and Guardian Tracking entries will only affect one annual evaluation. Coachings and Guardian Tracking entries may be considered in promotions and Specialty Assignments.
K. In all cases of dismissal, the employee is entitled to payment of all wages due in addition to any other accrued yet unused time on the books with the exception of sick time.
L. Employees who have been notified of an upcoming administrative hearing may meet with their union representative or Staff Representative, whichever is available, during working hours with no loss of pay or benefits to prepare for the hearing; such meetings shall be for a reasonable period of time.
M. Employees have the right to appeal discipline through the grievance procedure, however, counselings and reprimands are not subject to the arbitration process.
N. Employee tracking system entries shall be removed from all files, including but not limited to, paper and electronic, no later than one year from the time of creation.
Section 9.3. Whenever the Employer or designee(s) interviews, questions, or interrogates bargaining unit members in reference to alleged or suspected misconduct, either in preliminary investigations or in disciplinary hearings, the following conditions shall apply:
A. Employees being questioned as witnesses shall be so informed.
B. When an employee who is suspected of misconduct is interviewed, questioned, or interrogated regarding such misconduct, he/she shall be apprised of the nature of the suspected misconduct as it is known at that time and his/her right to have the opportunity to have a FOP representative present to advise him/her during the questioning.
C. Prior to questioning, employees (including witnesses) shall be informed that failure to respond or failure to respond truthfully may result in disciplinary action for insubordination or dishonesty. Employees shall also be informed of their ▇▇▇▇▇▇▇ present on all matters relating and ▇▇▇▇▇ warnings at this time if the employer decides to employer/employee relationsuse those warnings.
42.06 If, upon investigation, the Employer feels that D. Preliminary investigations and disciplinary action is necessary, such action hearings shall be taken based on the Collective Agreement. In situations where the Employer is unable held either during an employee's scheduled working hours or at a time in reasonable proximity to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it shift.
E. Questioning sessions shall be for reasonable periods and shall allow for personal necessities and rest period.
F. No employee shall be subjected to abusive language during questioning. No promise of reward shall be made as an inducement to answer questions.
G. The Police Chief may require an employee to take a polygraph examination, voice stress analysis, or similar technology. The employee shall be entitled to union representation pursuant to Section 2.C. of this Article. Tests including, but not limited to, fingerprints, hair samples, breath, blood, urine, chemical analysis, and psychological evaluations shall be conducted within the confines of law.
H. Any employee required by the Employer to attend an investigatory interview or disciplinary hearing outside of his/her scheduled working hours shall be paid for all such time.
I. Review of body worn digital recordings are authorized by the Chief of Police for the following reasons: • To ensure the BWC system is working. • To assist with paythe writing of a report, supplement, or memorandum. • For evidentiary review and case preparation. • Supervisory review of employee conduct and performance.
J. Explicit authorization by the Chief of Police is required for officer review for the following reasons: • Investigation of a complaint of policy or procedural violation. • Administration inquiry. • Criminal or Civil Investigation. • Use of force review. • Division and/or personnel development. No discipline will be issued because an officer viewed body camera footage as a routine matter for reasons listed above in Section 9.3.I.
Section 9.4. Anonymous complaints with no corroborative evidence shall not be cause for disciplinary action. When an anonymous complaint is made against a bargaining unit member, and there is no corroborative evidence of any kind, the complaint shall be classified as unfounded.
Section 9.5. Disciplinary action must be instituted within thirty (30) days of when the employer became aware of the employee’s alleged misconduct. The thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee who is suspended or dismissed Section 1. In imposing discipline on a current charge, the DHS shall not take into account any prior infraction that occurred more than two (2) years previously. Except in emergency situations, the DHS shall issue discipline within five sixty (560) working days of such suspension or dismissal, be provided with written notification which shall state the reasons for date of the suspension or dismissalPre-Disciplinary Conference.
42.02 All dismissalsSection 2. An employee shall be given a copy of any warning, suspensions and reprimand, or other disciplinary action, shall be subject to formal grievance procedure action entered into his personnel record as outlined in Article 12, if maintained by the employee so desires.
42.03 The Employer shall notify an employee in writing Office of any dissatisfaction concerning his/her work Human Resources within five (5) working days of the occurrence or discovery action taken. Further, the employee and the Union President will receive a copy of any suspension and/or discharge notice within five (5) working days 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 Employeraction taken.
42.04 When employees are required to attend Section 3. Any employee who has been disciplined by suspension or discharge will be given a meeting where a disciplinary decision concerning them is to be taken by written statement describing in detail the Employer, reason or a representative reasons for which he has been suspended or discharged. In case of the Employersuspension, the employees are entitled to have, at their request, a representative employee shall be advised 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 his right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating present. Further, if the employee so requests, he shall be granted a private interview with his ▇▇▇▇▇▇▇ before the employee is required to employer/employee relationsleave the premises.
42.06 IfSection 4. Any suspension shall be for a specific number of consecutive days on which the employee shall be regularly scheduled to work. Holidays occurring during a period of suspension shall be counted as work days for the purpose of suspension only.
Section 5. It is important that the employee complaints regarding unjust or discriminatory suspensions and/or discharge be handled promptly. Therefore, upon investigationall such disciplinary action may be reviewed through the Grievance Procedure, beginning at Step 3.
Section 6. The State Personnel Board of Review shall not be an entity in the Grievance Procedure.
Section 7. Discipline must be applied in an objective, equitable and reasonable manner, and shall be progressive and corrective and never punitive. It is expected that discipline will be imposed in a reasonably timely fashion under the facts and circumstances of a particular case. However, depending on the severity of the situation, the Employer feels that DHS may skip or repeat one or more of the steps in the disciplinary process. No employee shall be reduced in pay or position, suspended, discharged, or removed except for just cause.
Section 8. No employee shall be suspended or terminated without first being given the opportunity to participate in a Pre-Disciplinary Conference conducted by the Human Resource Manager or his designee. At said conference, the employee may show cause why the disciplinary action is necessaryshould not be imposed. The employee shall receive notification in writing at least three (3) working days prior to the conference. Such notice shall include the date of the conference, such time of the conference, location of the conference, nature of offense and the rights to union representation.
Section 9. Any disciplinary action entered into an employee’s personnel record as maintained by the Office of Human Resources 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 the employee should be removed from his/her place of employment, it shall be with payGrievance Procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any
Section 1. The right to discipline belongs to and remains with the Agency. 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 12disciplined except for just cause. If the discipline is not sustained, if the employee's record shall be cleared and the employee so desires.
42.03 shall be paid for any uncompensated lost wages. The Employer shall Agency will 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 charge and disciplinary decision concerning them is action to be taken by within 10 working days after the Employer, or a representative offense has been brought to the attention 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 assistancesupervisory staff. 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 covered by this agreement shall have the right to have a Shop ▇▇▇▇▇▇▇ present be heard in accordance with the grievance procedure as described in Article 5. Discipline, which involves suspension or discharge, shall begin with the next scheduled workday of the employee following receipt of the Agency 's notice to discipline. This provision does not apply to situations that result in an immediate investigatory suspension (e.g., removal from service based on all matters relating fitness for duty or insubordination). Complaints, telephone calls, or statements from the public assigned to employer/an employee's personnel file shall be communicated to the employee relationsand any statement from the employee shall be attached to such complaints, telephone calls or statements.
42.06 IfSection 2. Saturdays, upon investigationSundays, holidays, and excused time off shall not be included in the time limit.
Section 3. The Agency will not deny the request of any bargaining unit member for representation at an investigatory interview, which the employee reasonably believes might result in disciplinary action. It is understood that employee's demand for representation may not unreasonably delay an investigatory interview. In the event Union representation is not readily available, the Employer feels interview will cease until Union representation can be made available, or the Agency shall proceed with the discipline, or the issue will be dropped. Copies of all discipline will be delivered, mailed, faxed and/or emailed to the charged employee and Local Union 1546, unless the employee requests, in writing, 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 be treated as confidential. The employee, with twenty-four (24) hour notice, will be provided copies of all discipline and commendations that are placed in the employee's personnel file. The Agency, with twenty-four (24) hour notice, shall permit an employee, or the employee's Union representative with the employee's written permission, to its satisfactionreview the employee's personnel file, but feels which will be scheduled during regular weekday business office hours. Copies will be provided to the Union as necessary in the course of grievance handling.
Section 4. Major infractions of the Agency 's rules may subject the employee should to suspension or discharge. However, mitigating circumstances, and other relevant facts will be removed from considered in determining to apply progressive discipline such as coaching, counseling and/or written warnings instead of suspension or discharge when appropriate. Major rule infractions include the following: • The use of intoxicants or the odor of intoxicants, the use or possession of narcotics or drugs and failure to submit to a chemical test immediately • Insubordination • Failure to comply with rules established pursuant to the Americans with Disabilities Act (ADA) • Falsification of reports such as sick and accident reports and employment applications • Verbal threats or physical harm to a member of the public or to a CATS employee who is carrying out his/her place duties • Unauthorized use of employmentelectronic devices • Gross misconduct. The parties understand that actions such as theft, it shall sabotage, bullying, violence, sexual harassment, possession of firearms, and arson constitute gross misconduct. • Railroad crossing violations • Theft of passenger fares • Running five (5) minutes or more ahead of schedule not due to improper scheduled running time • Intentionally operating off route without authorization • Running a red traffic signal (when found valid after video review) • Leaving bus in gear at improper times • Failure to properly use safety equipment (i.e. seatbelts, on-vehicle emergency equipment) • Passing up passengers (when found valid after video review) • Failure to perform pre-departure inspection/safety check
Section 5. The major infractions in Section 4 above will subject employees to the following discipline for repeated violations of the same type: • First Violation in a floating six (6) month period: Counseling/training. • Second Violation in a floating six (6) month period: Counseling and written warning. • Third Violation in a floating six (6) month period or a second violation within six (6) months of receiving a written warning: One (1) day suspension. • Fourth Violation in a floating six (6) month period or another violation within six (6) months of receiving a one (1) day suspension: Subject to discipline up to and including termination. However, the Agency retains the responsibility and right in severe situations to subject employees with a major infraction of a serious nature to disciplinary action up to and including termination. In all instances, the employee must be personally contacted as soon as possible by the person citing the major infraction. In dealing with paythe above discipline schedule, the Agency may, if he/she so desires, lessen the discipline.
Section 6. A system of extended counseling and/or coaching to correct behavior and progressive discipline will apply for other infractions of CATS' rules, which are referred to as “minor rule” violations in this Section. Minor rule infractions include the following: • Running ahead of schedule (less than five (5) minutes) • Exchange of work assignments, shifts, or days off without prior approval • Unauthorized posting, removal, or distribution of notices or literature on CATS property • Violation of posted speed limits while operating any CATS vehicle • Failure to comply with established dress code or reporting for duty without proper uniform • Smoking in prohibited places including, but not limited to, any CATS vehicle and CATS property • Failure to have CATS employee identification, CDL driver’s license, and medical card in possession while on duty as required • Negligence (failure to exercise reasonable care and/or failure to observe prescribed policies, procedures, notices, work methods or systems) • Willful interference with work and/or service operation The minor infractions in this Section 5 will subject employees to the following discipline for repeated violations of the same type:
Step 1 Under this system the first (1st) violation of a rule not covered by Section 4 will result in a verbal counseling that will not be recorded on the employee’s personnel record.
Step 2 The second (2nd) violation of a minor rule, within a six (6) month floating period, will result in counseling and a written warning. His/her record will be thoroughly reviewed in an attempt to avoid further discipline.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any employee who is A. A bargaining unit member may be suspended with or dismissed without pay, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall within five (5) days not apply to the discharge 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 a probationary employee. Such disciplinary action, action shall be subject to formal grievance procedure as outlined in Article 12, if the Grievance Procedure unless the employee so desires.
42.03 The Employer shall notify an employee in writing is a probationary employee. Prior to the imposition of any dissatisfaction concerning disciplinary action, the employer will advise the bargaining unit member of his/her work right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within five ten (510) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the occurrence bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or discovery without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the incident giving rise offense so warrant.
E. Except as provided in Section A of this Article, all disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the complaintpremises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. This notification It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall include particulars of work performance which led be entitled to such dissatisfaction. If this procedure is not followedadditional pay.
F. A bargaining unit member shall have the right, such expression of dissatisfaction shall not become a part upon request, to review the contents of his/her record for use against him/her at any timepersonnel file in the presence of an administrator. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employeeAt the bargaining unit member'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 requestoption, a representative of the Union attend Association may accompany the meetingbargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (a) Employees shall reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may 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 ▇▇▇▇▇▇▇ 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 written statements attached to the (personnel) file copy of employmentsuch documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, it shall be with pay1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Sources: Master Agreement
Discipline. 42.01 Any Section 1- Just Cause The Company shall not discipline an employee who is suspended without just cause. However, nothing shall prevent the Company from removing an employee from work, without pay, while it conducts an investigation. Should no discipline result from the investigation, the Company shall make the Employee whole for any time lost.
Section 2- Progressive Discipline The Company recognizes the general concept of progressive discipline, with standard progressive discipline consisting of verbal counseling, written warnings, suspension and discharge. However, the Company and the Union agree that some infractions, such as, for example, dishonesty, fighting or dismissed shall assault in the workplace or while on duty, insubordination, violation of the Company’s Drug and Alcohol policy, harassment of any kind, of a co-worker or customer and theft or unauthorized use of Company or client property are of such a serious nature that they may be addressed by discharge on the first offense. The Company will bring all discipline to the attention of the Union within five fourteen (514) days of such suspension or dismissalthe date that the Company becomes aware of the incident upon which the discipline is imposed. Step 3- Union Representation In the event the Company determines that discipline is warranted the Employee shall be called to meet with his/her supervisor. A Union representative shall be present unless waived in writing by the Employee. Upon commencement of the meeting the Employee and the Union representative, be provided with written notification which shall state unless representation is waived by the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary actionEmployee, 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 advised of the occurrence or discovery of violation and the incident giving rise discipline. In a situation where the Company intends to issue discipline and there is no Union representative present, where an Employee has not waived representation, the complaintEmployee shall be given time to obtain Union representation, however, in no event shall the meeting be delayed more than two(2) days. This notification The delay shall include particulars of work performance which led to such dissatisfaction. If this procedure is however, 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 prevent the Employer.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is Company from carrying out actions that need to be taken immediately due to legal or pursuant to contractual mandates. A copy of all written discipline will be provided to the Union and the Employee, which states the violation(s) of rule(s) by the EmployerEmployee and the discipline imposed. In the case of a discharge of an employee the Union shall be notified, or by fax, immediately following such action by the Company. Should a representative discharge occur, and the Employee grieves the discharge, the Employee’s name will remain on the respective seniority list until the completion of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meetingGrievance/Arbitration process.
(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 ▇▇▇▇▇▇▇ 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
Sources: Labor 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 notify an employee and the FFA recognize a mutual responsibility for promoting professional conduct that encourages quality in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence or discovery of educational process, thereby reflecting favorably upon the incident giving rise to the complaintUniversity. 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 ▇▇▇▇▇▇▇▇ present on all matters relating of professional conduct, as differentiated from incompetence, are subject to employer/employee relationsdiscipline including, but are not limited to: abuse of sick leave and other leaves, excessive tardiness, willful deficiencies in professional conduct and/or performance, violation of Employer policies regulations and administrative directions not inconsistent with the terms of this Agreement, and violation of the terms of this Agreement. Alleged breaches of professional conduct shall be reported promptly to the offending Member. Issues pertaining to competence will be handled through evaluation.
42.06 If, upon investigation, the Employer feels that disciplinary action is necessary, such B. Disciplinary action shall be taken based defined as any oral or written warning; oral or written reprimand; disciplinary probation; suspension, except for suspensions pending investigation; discharge for misconduct or any combination of the above, of which a formal record is kept or of which the disciplined Member is thereafter formally prejudiced. In no case will a Member be subjected to disciplinary action without just cause, due process or on the Collective Agreementbasis of any anonymous information.
C. A Member shall be notified immediately according to, and as allowable under, college and university policies and any applicable laws, of alleged complaints by students or employees with specific particularity and specificity of the allegations in writing from the complainants. A Member shall be notified of the right to have FFA representation at any meeting at or from which disciplinary action, as defined in this Section, may result. In situations where no event shall any Member be disciplined in, or as a direct result of, a meeting at which FFA representation was not permitted.
D. If some disciplinary action may result from/during a meeting in which the right to FFA representation was not permitted, or waived by the Member, the Member has the right to terminate the meeting pending the arrival of an FFA representative.
E. Whenever the result of any disciplinary action, or delinquency in professional performance is reduced to writing, the findings and decisions of 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 filed in the Member's personnel file and a copy thereof given to the Member.
F. In all cases involving discipline, the Member is entitled to due process specified in the policy, which was allegedly violated, and which is as follows:
1. A written statement from the appropriate administrator notifying the Member with paysufficient particularity of the specific written charges and copies of the written complaints the preliminary charges;
2. A conference before an impartial administrator, of which the Member is duly notified, at which the Member must present any evidence in support of their position;
3. Representation by their association representative and/or by counsel of their choosing;
4. A decision, in writing, after the conclusion of the conference setting forth the decision of the appropriate administrator;
5. There shall be no disciplinary suspension without salary, or disciplinary discharge, until the above written decision is rendered;
6. Before suspending or discharging a Member, the administration shall consult with the president of the FFA; The above procedure will be administered in a timely fashion, and said decision is grievable starting with Step 4 of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any The Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and An employee who is suspended required to go to an office to discuss some action on his part which will result in such employee being disciplined, shall have his Union Committeeman present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeman. At the time an employee is to be interviewed for discipline or dismissed disciplined, such discipline will be issued in the privacy of an Discharge Cases--Upon being notified of his discharge, it shall within five be the duty of an employee to leave his department and go to the Human Resources Department. The Union depart- mental representative and the Plant Chairman shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of his discharge excepting in cases where it is later determined that the discharge was not warranted. An employee who is discharged will be furnished with a brief written statement describing the misconduct for which he has been discharged. The written statement furnished to the employee shall not limit Management’s rights, including the right to rely on additional or supplemental information not contained in the statement to the employee. In exceptional cases where the above is delayed, the special circumstances will be reviewed with the Plant Chairman. The Plant Chairman will receive a copy. Should it be decided under this Article in the case of a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (5) days where the Company has specified that the reason for the employee’s discharge will result in his being ineligible to receive a supplemental allowance), the arbitrator shall have the authority to determine in the case of an employee eligible to retire under Section of Article 1 of the Non-Contributory Retirement Plan whether the cause for his discharge should result in his being ineligible to receive a supplemental allowance under such Retirement Plan. It is agreed that the Company has the right to direct generally the work of the employees subject to the terms and conditions of this Agreement, including the right to hire employees, to promote and transfer employees for proper cause, to discharge, suspend and demote employees for just cause, to assign them to shifts with due regard to seniority, to determine the amount of work needed, and to lay them off because of lack of work in accordance with the provisions herein. However, none of the foregoing shall be done for the purpose of unfair discrimination. To enable the Company to keep its products abreast of scientific and technical advances, it is agreed that the Company may from time to time, and without reference to the rules of seniority set out in this contract, hire, transfer, teach, and assign duties to a small number of technical men or others to be mutually agreed upon between the Company and the Union. The Company has the right to maintain discipline of employees including the right to make reasonable rules and regulations for the purpose of efficiency, safe practices and discipline. The Company will inform the Union of any changes in existing rules and regulations or the establishment of new rules and regulations before such changes are made effective. Any complaint as to the reasonableness of such suspension rules or dismissal, be provided with written notification which shall state any grievance involving claims of discrimination against any employee in the reasons for the suspension or dismissal.
42.02 All dismissals, suspensions and other disciplinary action, application of such rules shall be subject to formal the grievance procedure as outlined in Article 12, if the employee so desiresof this Contract.
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 ▇▇▇▇▇▇▇ 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
Sources: 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 who is suspended 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 dismissed shall within five (5) days of such suspension external source, or dismissal, be provided with written notification which shall state the reasons for the suspension or dismissallayoffs due to retrenchment.
42.02 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 dismissalsdiscipline shall be documented in writing, suspensions and other 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 subject 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 formal grievance procedure be acceptance of the rendered discipline or as outlined a waiver of any right to which the employee may be entitled.
15.4 As set forth in Article 124.5.7, a covered employee shall be entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee so desires.
42.03 The Employer shall notify an when that employee reasonably believes that the interview or meeting may result 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 disciplinary action against him/her her. The Association representative's role at any timean investigative interview or meeting is to consult with the employee. This Clause shall apply in respect of any expression of dissatisfaction relating The CCSNH is free to his/her work or otherwise which may be detrimental to an insist upon hearing the 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 own account of the Employermatter(s) under investigation. The Parties agree that in all cases, the employees are entitled to have, at their request, a representative principles 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 “▇▇▇▇▇▇▇ present on ▇▇▇▇”, “▇▇▇▇▇▇▇”, “▇▇▇▇▇▇▇▇▇▇” and all matters relating other applicable case law shall be observed. The provisions of this Article shall apply to employer/employee relationsboth full- time and part- time covered employees.
42.06 If, upon 15.5 A covered employee who is the subject of a disciplinary investigation shall be notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the Employer feels that disciplinary action is necessaryidentity of the party or parties to perform the investigation, such action and the anticipated date of completion of the investigation. All investigations shall be taken 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 the employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall 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 investigation the employee shall retain his/her current position, status, schedule, assignment and rate of pay, except as provided in Article 15.6, below or as otherwise 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 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any Section 1. An employee who is suspended may be placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
Section 2. Upon written request from an employee, the City shall remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension and dismissal, more than one
(1) year old.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or dismissed does not constitute cause for dismissal, the employee shall within five be reinstated and awarded back pay for any portion of the suspension time not imposed as disciplinary action.
Section 4. At least three (53) business days (Monday-Friday) prior to any pre- disciplinary meeting, the employee shall be provided written notice which sets forth an explanation of the nature of the allegations against the employee and a detailed explanation of the evidence in the possession of the City supporting such allegations. The employee shall have the right to the presence of an attorney or union representative at the pre-disciplinary meeting. The City shall not discipline an employee without just cause, and shall recognize and employ progressive discipline when possible. When imposing progressive discipline, the nature and severity of the infraction shall be considered along with the history of discipline and performance contained in the employee=s personnel file. If management decides to impose disciplinary action following a pre-disciplinary meeting, notice 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, action shall be subject issued 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 and his/her work representative within five seven (57) working days of the occurrence or discovery pre-disciplinary meeting except by mutual agreement.
Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. Any disciplinary action must be initiated within one (1) year after the City becomes aware of the incident giving rise to providing 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 basis 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 Employerdisciplinary action.
42.04 When employees are required to attend Section 7. In preparation for a meeting where a pre-disciplinary decision concerning them is to be taken by the Employermeeting, 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/an 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 access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 8. When an employee has been disciplined or faces possible disciplinary action at a Shop level greater than a reprimand, a designated Union officer or ▇▇▇▇▇▇▇ present on all matters relating shall be allowed to employer/review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the employee relationsrequesting the file review.
42.06 If, upon investigation, Section 9. An employee shall not be subject to multiple levels of discipline for the Employer feels that disciplinary action is necessary, such action same act or offense arising from the same facts.
Section 10. ADiscipline@ shall be defined as any action taken based on by the Collective Agreement. In situations where the Employer is unable employer to investigate the matter to its satisfactioncorrect or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but feels not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the employee should consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 11. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be removed from his/her place appealed to step 2 of employment, it shall the grievance procedure.
Section 12. Disciplinary actions of a reprimand may be with payappealed to the Human Resources Director.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. 42.01 Any Employees are required to perform their duties and responsibilities in a satisfactory manner and to conduct themselves in a disciplined, safe and lawful manner while performing their job. In circumstances where employees conduct themselves in an unsatisfactory manner, the employee who will be liable for discipline. The major objective of disciplinary action is to assist an employee in correcting his misconduct or unsatisfactory performance in order to maintain that employee's continued employment with the Company. The Company maintains a system of discipline which becomes increasingly more severe with the repetition of misconduct or unsatisfactory performance, so as to increase the employee's awareness that termination from employment is imminent. The steps in the progressive discipline procedure are as follows:
(a) first occurrence of unsatisfactory conduct verbal warning in the presence of Union ▇▇▇▇▇▇▇, which is confirmed in writing; second occurrence of unsatisfactory conduct a written warning in accordance with Company standard form; third occurrence of unsatisfactory conduct suspension from employment without pay; fourth occurrence of unsatisfactory conduct termination of employment. It is important to note that the steps in the progressive disciplinary proceduresneed not always be followed. From time to time employees may commit serious acts of misconduct which justify by-passing certain steps in the disciplinary process. Also, an employee's misconduct may be such to warrant the repetition of any one step in the disciplinary procedure.
(a) It is agreed that, whenever an employee is to be discharged, an investigation will be held as soon as possible. When the nature of the alleged offence is one in which dismissal is contemplated, an employee may be suspended or dismissed shall within pending investigation up to a maximum of five (5) days working days. During this time, he shall be given three (3) days' written notice of such suspension or dismissal, hearing for investigation of his case and the statement of charges against him. The employee concerned shall be provided with written notification which shall state entitled to the reasons assistance of Union representative 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 purpose of any dissatisfaction concerning his/her work investigation or meeting with the Company. A letter indicating the discipline assessed must be rendered within five (5) working days after completion of the occurrence investigation and the holding of any meeting between the parties. Any discipline assessed will be imposed without delay. Postponements of above procedures may be mutually arranged. An employee suspended or discovery discharged away from his home terminal will receive transportation to his terminal. The following offences will result in discharge: reporting for work or being on Company premises while under the influence of alcohol or hallucinatory drugs; consumption of alcoholic beverages or hallucinatory drugs while on duty or on Company property. The term "on duty" shall mean any time from the incident giving rise beginning of a shift to the complaint. This notification shall include particulars end of work performance same, including all coffee breaks or lunch periods which led may fall within the time period; where reasonably possible, failure to such dissatisfaction. If this procedure is not followednotify dispatch in the case of an accident, 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 or failure to fill out and hand in respect accident report of any expression accident or damage to Company equipment within twenty-four (24) hours of dissatisfaction relating to his/her work an occurrence; stealing from or otherwise which may be detrimental to an misappropriation of Company property; misuse of credit cards; fraud against the Company; passenger in cab except as authorized in 13.01; punching another 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 Employertime card, or altering it in any way; refusing to do work as directed by his supervisor, or other members of management, unless work is deemed unsafe; grossly unsafe driving practises; any employee guilty of leaving a representative vehicle running, or of the Employersmoking of any form, the employees are entitled to havewhile fuelling upon any vehicle, at their request, a representative or guilty of the Union attend the meeting.
(a) Employees shall have the right, at any time, to have the assistance form 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 ▇▇▇▇▇▇▇ 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.smoking within fifteen
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any 9.01 Whenever the Employer deems it necessary to censure an employee who is suspended covered by the terms of the Collective Agreement in a manner indicating that termination of employment may follow in the event of a further occurrence or dismissed that termination of employment may follow if the employee fails to meet the required work standard by a given date, the Employer shall give written details of the censure to the employee. A copy of the written confirmation of censure shall be forwarded to the Secretary of the Union or designate within five (5) days thereafter.
9.02 An employee who has completed his three (3) months probationary period may be dismissed for just cause only.
9.03 When an employee is disciplined, suspended or discharged, the employee will be advised in writing of such suspension or dismissal, be provided with written notification which shall state the reasons for the discipline. A copy of the written notice of discipline, suspension or dismissaldischarge will be promptly forwarded to the Secretary of the Union or designate.
42.02 All dismissals9.04 An employee considered by the Union to be wrongfully or unjustly disciplined, suspensions suspended or discharged shall be entitled to a hearing under the grievance procedure. Steps 1 and other 2 of the grievance procedure shall be omitted in such cases.
9.05 Should the parties agree after an investigation that an employee has been unjustly disciplined, suspended or discharged, such employee shall be immediately reinstated in the employee’s former classification, without loss of seniority and shall be compensated for all time lost in an amount equal to the employee’s normal earnings during the pay period next preceding such disciplinary action, shall be subject or by any other arrangement as to formal grievance procedure as outlined compensation which is just and equitable in Article 12, if the employee so desiresopinion of the parties.
42.03 The Employer shall notify an 9.06 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 ▇▇▇▇▇▇▇ present on all matters relating to employerobtain copies of any material contained in his/employee relationsher personnel record.
42.06 If, upon investigation, the Employer feels that 9.07 Any notice of 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 satisfactiondisregarded after a period of twenty-four (24) consecutive months, 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.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any 1. Corrective actions shall be defined to include documented oral warnings, admonishments, written reprimands, suspensions, involuntary demotions, administrative leave without pay, and terminations. All corrective actions shall be in writing and shall be maintained in the employee’s official personnel file. Corrective actions shall be defined as temporary or permanent actions implemented to assist an employee in overcoming a substantiated deficiency related to behavior or work performance. Temporary actions shall include documented oral warnings, admonishments and written reprimands. Permanent actions shall include suspensions, administrative leave without pay, involuntary demotions, and terminations. All corrective actions above an admonishment are grievable.
a. Corrective actions as defined in this Section, which do result in financial loss either as a cost to the employee to pay for such corrective action, or an immediate loss of pay based on the corrective action, and/or require the employee to engage in programs or activities outside of his/her normal work day (duty shift) shall be considered as discipline subject to the grievance process as defined in this Article, and subject to the grievance process as outlined in Section 2 of this Article.
b. An employee may be placed on administrative leave with pay pending an investigation into alleged misconduct. This shall not be deemed to be discipline, nor shall it be grievable.
c. An eligible employee who is suspended or dismissed shall within five (5) days of such suspension or dismissalrecommended for termination, 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 unless the employee so desires.
42.03 The Employer shall notify an employee is in writing of any dissatisfaction concerning a leave without pay status or has violated his/her work last chance agreement, will be placed in paid administrative leave pending the Step 1 pre-termination meeting and shall receive written notification of such recommendation. The Step 1 pre- termination meeting shall take place no sooner than three (3) working days, but within five (5) working days from the date the employee receives written notification of the occurrence recommended termination. This time limit may be extended by the department head or discovery designee, in which case the employee will remain on paid administrative leave status until the Step 1 pre-termination meeting. If the Step 1 meeting is postponed as a result of the incident giving rise employee or association’s action, the employee will be placed in unpaid leave effective the date of the original Step 1 meeting.
2. The principles of progressive discipline shall be utilized. Progressive discipline is defined to include documented oral warning, admonishment, one (1) or more written reprimand(s) and thereafter more severe disciplinary action. The Association recognizes the need for more severe initial disciplinary action in the event of major violation of established rules, regulations or policies of the County or its operating departments, or misconduct. The decision to uphold the disciplinary action will be based on the reasonableness of the discipline imposed by the supervisor in response to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is actions taken or 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 Employeremployee. An employee who receives discipline as defined above, or may within thirty (30) working days, submit 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 rebuttal in writing 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 ▇▇▇▇▇▇▇ present on all matters relating County Human Resources Director, which shall be attached to employer/employee relationsand accompany the discipline.
42.06 If3. Discipline subject to the grievance procedure is defined as an employee’s written reprimand, upon investigationsuspension, demotion, involuntary termination from County service, or a grievable corrective action as defined in paragraph 1 of this Section. It will not include matters over which 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 payNevada Equal Rights Commission (NERC) or Equal Employment Opportunity Commission (EEOC) has jurisdiction.
Appears in 1 contract
Sources: 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 6.01 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 shall have the right to have discipline Employees for just cause. Once the Employer has completed an investigation which results in discipline, the discipline meeting shall occur within seven (7) days of that date. In the case of the Employee not being available during the seven (7) day period, the parties agree to extend the seven (7) day timeline until the Employee is available.
6.02 An Employee who has been given a Shop written warning, suspension, disciplinary demotion or is discharged shall be informed in writing as to the reason(s) for such action. The Employee will be provided with a copy of all correspondence or written notices pertaining to the action taken which are placed in their personnel file. A copy of any disciplinary action taken after the probationary period has been completed that results in a suspension, demotion or termination will be sent to the Union and National Representative.
6.03 The Union recognizes that there are occasions when the actions or conduct of an Employee require the Employer to take immediate disciplinary action, up to and including discharge.
6.04 Nothing in this Article shall take away the Employee Procedure for any disciplinary action taken unless such right has been restricted elsewhere in this Agreement.
6.05 The Employer shall advise an Employee of their right to be represented by a Union ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relations.
42.06 If▇, upon investigationwho shall act in the capacity of an observer only, the Employer feels that during any disciplinary action is necessary, such action. No disciplinary action shall be taken based considered null and void merely by the fact that an Employee did not exercise this right. Local 4655 has the right to appoint Union representation.
6.06 All Employees who have a disciplinary record placed on their personnel file will have the Collective Agreementdiscipline record removed after twelve (12) months have passed since the disciplinary record was issued and no other subsequent disciplinary record has been issued. In situations where If all the above conditions are met, the said disciplinary record will be cleared.
6.07 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 exempt from the application of Article 6.02 above in the event of the dismissal of a probationary Employee as defined in Article 9 - Probationary Period.
6.08 In the event CCTV recordings are used by Employer to support disciplinary action, the Employee and the Union shall be permitted to review the recording at the disciplinary meeting with paythe Employer.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 (a) Any employee who is suspended may be called into the manager's office for disciplinary action or dismissed to receive a written reprimand will have a Committee Person present.
(b) Nothing herein shall within five (5restrict the Employer from calling an employee for investigation or questioning on any phase of the Employer’s operations. Where an investigator concludes that there are reasonable grounds to suspect a particular employee(s) days of such suspension or dismissal, and intends to conduct a more focused investigation/interview as to the particular employee(s) to confirm those reasonable grounds a Union Representative will be provided with written notification which shall state the reasons present for the suspension or dismissalinterview. The Union Representative will keep the information learned confidential.
42.02 (c) The Committee Person shall be present when it is determined that discipline will be issued to the employee during the investigation, or interview.
(d) If the Committee Person shall be present on any of the above conditions, they 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 dismissalsdisciplinary letters, suspensions and other disciplinary actionsuspensions, shall be subject in writing and copied to formal grievance procedure as outlined in Article 12, if the employee so desiresUnit Chairperson and employee.
42.03 The 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 an the employee in writing of any dissatisfaction concerning his/her work within five fourteen (514) working calendar days of the occurrence event, infraction or discovery of the incident misconduct or poor performance giving rise to the complaintdiscipline being imposed. This notification Verbal warnings shall include particulars be confirmed in writing. Extensions, in writing, may be given in circumstances where employees, stewards, mangers or investigation results are not available.
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 their former position, without loss of seniority and shall be compensated for all time lost in an amount equal to their 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 Where the Employer suspends an employee pending investigation, such suspension shall have be paid by the right to have a Shop ▇▇▇▇▇▇▇ present on all matters relating to employer/employee relationsemployer at the employee’s regular rate of pay.
42.06 If, upon investigation6.06 Except where conflicting with other articles of this agreement, the Employer feels that disciplinary action is necessary, such action conduct of all employees shall be taken based on the Collective Agreement. In situations where guided by reasonable rules and regulations promulgated by the Employer is unable from time to investigate the matter to its satisfaction, but feels the employee should be removed from his/her place of employment, it time. The Union shall be provided with paycopies of newly promulgated rules and regulations.
6.07 The Employer agrees that no employee will be asked or subject to drug, or alcohol testing unless permitted by law or government regulation. Polygraph testing is voluntary. The employer agrees that no employee will be asked or subjected to polygraph testing where testing is prohibited by law.
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any 14.01 An employee may be disciplined by oral or written reprimand, 10 suspension with pay, suspension without pay, financial penalty, or discharge.
(a) No employee who has completed the probationary period shall be disciplined except for just cause.
(b) Disciplinary action resulting in the issuance of an oral or written reprimand, or suspension with nav. cannot be referred to adjudication.
(c) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file.
14.03 Where an employee is suspended disciplined by suspension or dismissed discharge, the Employer shall, within ten (10) working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates.
14.04 Failure of the Employer to provide such written reasons within the time period required by Clause 14.03 shall result in immediate reinstatement of the employee.
14.05 An employee who alleges discipline by suspension without pay a discharge in violation of clause 14.02 may, within five twenty (520) days of such suspension or dismissalthe date of the discipline imposed, be provided with written notification which shall state invoke the reasons grievance procedure including adjudication as set out in this agreement and for the suspension or dismissalpurposes of a grievance alleging violation of clause 14.02, shall lodge the grievance at the final level of the grievance procedure.
42.02 All dismissals14.06 The employee shall, suspensions and other when grieving a disciplinary action, state the clause or clauses of this Agreement which the employee alleges have been contravened by the Employer. The consideration of the grievance, including adjudication, shall be subject limited to formal grievance procedure as outlined such Article or Articles which the employee has so alleged to have been contravened in Article 12, the response to the Employer’s reason for the disciplinary action.
14.07 Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of clause 14.02 then the employee shall be immediately reinstated into the former position without loss of seniority or any other benefit which would have accrued if the employee so desireshad not been suspended or discharged. One of the benefits which shall not be lost is the regular pay during the period of suspension or discharge, which shall be paid at the end of the next complete pay period following reinstatement.
42.03 The Employer 14.08 A suspension without pay or discharge shall notify be effective on the date the employee is given oral notice, or on the date specified by notice in writing given to the employee by personal service, registered or certified mail. In the case of a written notice, the effective date shall be no later than the date the notice is received by the employee.
14.09 For the purposes of this Article 14, there shall be only one official personnel file, the location of which the employee shall be advised. Upon a reasonable request made during normal working hours, an employee shall be given, in writing the presence 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 haveand, at their requestif requested, while accompanied by a representative of the Union attend Association, an opportunity to read all documents relating to the meetingassessment of the employee’s conduct or work performance that are held in the employee’s official personnel file. If requested at such time an employee will be provided with a photocopy of such documents.
(a) Employees shall have the right, at any time, to have the assistance 14.10 A record 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 ▇▇▇▇▇▇▇ 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 file of employment, it shall be with pay.an employee upon-the expiration of a period of eighteen
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any Section 10.1 DJFS retains the right to adopt rules and regulations for the efficient operation of its departments and conduct of its employees providing these rules and regulations do not conflict with this Agreement. It is agreed that DJFS has the right to discipline or discharge employees for just cause. It is further agreed that a pre-disciplinary hearing will take place as soon as possible, but no later than forty-nine (49) calendar days, following knowledge by the employer of the events upon which the alleged infraction is based. It is agreed that the employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with receive written notification which of an investigation no later than fourteen (14) calendar days following knowledge of the alleged infraction. Time limits in this section may be extended upon mutual Agreement of the parties. Extensions shall state the reasons for the suspension or dismissalnot be unreasonably denied.
42.02 Section 10.2 DJFS shall follow the principles of progressive discipline. However, certain offenses and conduct, by their nature, may warrant severe discipline including termination.
Section 10.3 Written reprimands will remain in an employee‟s file for one (1) year subsequent to the date of reprimand. Suspensions will remain in an employee's file for two (2) years subsequent to the date of suspension. All dismissals, suspensions and other disciplinary action, action to be removed from the employee‟s personnel file must be requested in writing by the employee. All rights to have a disciplinary action removed from the employee‟s personnel file shall be subject waived until expiration of the latest reprimand or suspension if a second offense occurs within the time period that the disciplinary action is active in the employee‟s file.
Section 10.4 Whenever it is necessary to formal grievance procedure as outlined discipline or counsel any employee, Management agrees to do so in Article 12, if a manner that will not embarrass the employee so desiresbefore other employees or the public.
42.03 The Employer Section 10.5 Anytime a supervisor or representative of Management conducts a pre- disciplinary hearing with a bargaining unit member, they shall notify an the employee and the Union in writing of any dissatisfaction concerning his/her work within five (5) working days the date, place and time of the occurrence or discovery of pre-disciplinary hearing, 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 specific charges 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 discussed and such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Shop union representative present at all disciplinary hearings of. Anytime a supervisor or representative of Management conducts an investigative meeting with a bargaining unit member, they shall notify the employee and the Union in writing of the date, place and time of the meeting, the general nature of the issues to be discussed and of his/her right to be present at all disciplinary meetings of bargaining unit members. All notices shall be issued at least forty eight (48) hours in advance. If the person presiding over the pre-disciplinary hearing finds there is a cause for discipline, the employee and/or Union representative may submit a written response to the pre-disciplinary hearing findings to the Director. This response may include any facts or arguments the employee or Union representative desires the Director to consider prior to discipline.
Section 10.6 If disciplinary action is given to an employee, subsequent to and in conjunction with a meeting as described in Section 5, the representing ▇▇▇▇▇▇▇ or the President shall be given a copy of the disciplinary action. It shall not be necessary for the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ to be present on all matters relating when the notice of discipline is delivered to employer/employee relationsthe employee.
42.06 If, upon investigation, the Employer feels that Section 10.7 An employee shall be given a copy of any written warning or written 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 entered into his/her place personnel record.
Section 10.8 Counseling tools are not intended to be disciplinary actions and are not grievable or subject to the grievance procedure. Counseling will remain active for six (6) months subsequent to the date of employmentthe counseling provided no intervening counseling or discipline has occurred.
Section 10.9 Discharges may be appealed at the 3rd step within seven (7) actual working days of the removal.
Section 10.10 If an employee receives a suspension, it such suspension shall be with paygiven in hours as defined by the employee's regularly scheduled working day.
Appears in 1 contract
Sources: 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 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 writing of any dissatisfaction concerning his/her work within five (5) working days the discipline or discharge 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 followedemployee, 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 accompanied by 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 the meetingExecutive if so desires. The Union representative shall be available within a reasonable period of time.
(a) Employees In the event an employee who has attained seniority is discharged from employment and the employee feels that an injustice has been done, the case may be taken up as a grievance. Notwithstanding an employee who has not attained seniority may be discharged and a lesser standard of just cause will A claim by an employee that has been unjustly discharged shall have be treated as a grievance, as defined by Article if a written statement of such grievance is lodged with the rightManager of Human Resource Services within ten (10) days after the employee ceases to work for the Employer, at any time, to have the assistance of a full-time representative(s) or is notified in writing of the Union on all matters relating termination, whichever is later. Grievances concerning discharge will be filed directly to employer/employee relationsarbitration. Union representatives shall have access to Such grievances may be settled by confirming the Employer's premises action in order to provide dismissing the required assistance. Employees involved in such discussion employee, 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 ▇▇▇▇▇▇▇ 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 by reinstating the employee should with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. All documentation with respect to discipline will be removed from his/her place an employee's file after five (5) years from the date the discipline was taken providing that:
(a) there has been no further disciplinary action taken against the employee for any infraction; and the discipline was not a suspension of employmentthree (3) or more days; and the employee requests the removal of the documentation upon the expiry of the five (5) year period. The Employer will advise the employee when the documentation has been removed. ARTICLE : PROBATIONARY EMPLOYEES
(a) New permanent employees whose permanent is greater than shall serve a probationary period of thirteen (13) consecutive working weeks in the same classification, it shall be with pay.notwithstanding the
Appears in 1 contract
Sources: Collective Agreement
Discipline. 42.01 Any 15.1 No regular employee who is suspended has successfully completed the probationary period shall be disciplined or dismissed shall within five subject to disciplinary discharge except for just cause (5) days See Appendix C). The employer will maintain its present plan of such progressive discipline which encourages informal counseling prior to formal discipline or discharge for just cause. This plan of progressive discipline may include verbal warning, written warning, final warning, suspension, and discharge. The employer will not be required to apply the foregoing when the nature of the offense or cumulative nature of offenses warrants omission of elements of progressive discipline or immediate suspension or dismissaldischarge. The employer will use written notices for disciplinary warnings, be provided with written notification which shall state the reasons for the suspension or dismissal.
42.02 All dismissalsreprimands, suspensions and other discharge. Copies of these notices shall be provided to the employee at the time formal disciplinary action is taken or shortly thereafter. The employee shall sign such notices to indicate that the employee hasseen and comprehends the gravity of the disciplinary action, . The employee's signature thereon shall not be subject construed as admission of guilt or concurrence with the action.
15.2 An investigation will be conducted prior to formal grievance procedure as outlined discipline or discharge for just cause. Except in Article 12cases where the nature of the offense or cumulative nature of offenses warrants immediate action, if the employee so desires.
42.03 will be notified of meetings to investigate possible disciplinary action. The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within five (5) working days of the occurrence may request that a Union representative 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 shop ▇▇▇▇▇▇▇ be present on during any investigatory meeting which may lead to discipline. If the representative or ▇▇▇▇▇▇▇ of choice is not readily available, the employee will be asked to choose another representative or ▇▇▇▇▇▇▇ who is available. All parties agree to make all matters relating reasonable efforts to employer/meet, investigate and to complete and provide any subsequent written disciplinary notices to the affected employee relationswithin forty-five (45) calendar days from the date the Employer became aware of the event, incident or practice that gave rise to the discipline.
42.06 If, upon investigation, 15.3 An employee may request to remove a written warning more than one (1) year old from the Employer feels that disciplinary action is necessary, such action shall employee's file and it will be taken based on removed if the Collective AgreementSuperintendent agrees. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should Written warnings more than three (3) years old will be removed from his/her place an employee's file at the request of employment, it shall be with paythe employee to the Superintendent.
Appears in 1 contract
Sources: Collective Bargaining 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 ▇▇▇▇▇▇▇ 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
Sources: Service Unit Agreement