Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal. 15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings. 15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises. 15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2. 15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods. 15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For
Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the Principalsubject of such grievances.
15.1 Lakehead District School Board will administer Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a manner consistent Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for Employee before the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline processmeeting. Employees must be aware that potential disciplinary actions will be invoked have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board an Employee, management has a responsibility to inform discuss such matter with the employee Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the lack alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of adequate performance and, completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the case process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an employee who has completed IT/IS Unit Xxxxxxx or representative at the probationary period, give them hearing.
Section 13.7 Notice of a reasonable time pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to improve, offer and including discharge as a possible outcome of the employee training opportunities hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and provide suitable counselingdiscuss the charges and major supporting evidence against him/her prior to any decision being made. If the individual continues performing inadequately and has had Upon conclusion of a reasonable amount of time to improvedisciplinary hearing, the Board may Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and ultimately dismiss an employee for just causelocation, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. An employee A non-probationary Employee shall have the right to have appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a Union representative present at disciplinary meetings with pre-action or pre-termination hearing, the BoardCity may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Board will notify the employee in advance of Employer shall normally hold a disciplinary meeting pre-action or pre-termination hearing no less than two (2) working days and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For the purpose The proceedings for written reprimands, suspensions, demotions and involuntary terminations of this article Supervisor in Article shall consider the case of a school shall mean incident and the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with terms of severity of the concept action, evidence of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware and appropriateness of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisordisciplinary action. Progressive discipline will is defined to include an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The Union 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. The decision to uphold the disciplinary action shall be applied based on the reasonableness of the discipline imposed by the supervisor in cases where response to the misconduct actions taken or performance problem is within the control of not taken by the employee. A disciplinary response is not immediately justified if All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the situation is beyond procedure set forth in this Article and CCFD Rules and Regulations, with the employee's control. The Board has a responsibility to inform the employee decision of the lack of adequate performance and, in internal panel or Arbitrator being final and binding on the case of an parties.
A. No employee who has satisfactorily completed the probationary periodprobation may be given an oral reprimand, give them a reasonable time to improvewritten reprimand, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improvesuspended, the Board may discipline and ultimately dismiss an employee for demoted or terminated without just cause. An Just cause may include, but not be limited to: inefficiency, incompetence, insubordination, habitual or excessive tardiness or absenteeism, abuse of sick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Supervisors and/or Fire Department management shall be required to provide a union representative any time there is reason to believe that disciplinary action equal to or greater than an oral reprimand shall result from any meeting between an employee and their supervisor and/or Fire Department management. Any time an employee believes they are going to receive discipline as a result of a meeting with the supervisor and/or Fire Department management, they may request to have a union representative present. The meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
C. Upon written request of the employee to the Human Resources Director, the employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify review items in their personnel file and provide rebuttal comments to be attached to original documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in advance of question.
D. Upon written request or authorization by an employee involved in a disciplinary meeting and hearing, the employee's right attorney or union representative may obtain data that are necessary from the personnel file of the employee, subject to have Union representation at the meeting. The Union has discipline, in preparation for the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingsStep 1 hearing or Step 2 arbitration.
15.2 E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, during any termination notification process for a new hire employee, a union representative shall be present as a witness.
F. Whenever an incident takes place that may result in disciplinary action, (other than a written reprimand which is subject to appeal as identified in section H, written reprimands) which may include a suspension, demotion or termination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Union shall convene to investigate the incident. During their investigation, the team shall interview all parties involved, and analyze the facts of the incident. When an employee is investigated, they shall be provided with a Union representative, and advised of the purpose, time, date, and site of the interview by the respective management. Upon the conclusion of this process, which must be completed within thirty (30) calendar days, the team shall present its finding(s) to the Fire Chief for their decision. An incident already reviewed by the Incident Information Advisory Team (IIAT) as outlined in Rule and Regulation 2.14, shall not be eligible for further evaluation by the JIT. The IIAT process shall include notice to the employee, by a supervisor or a Fire Department management employee, of their right to Union representation during the IIAT investigation.
G. A full time permanent employee who receives an oral reprimand, written reprimand or is recommended for suspension, demotion or termination from County service shall be given a written statement, documented on an Employee Interview Sheet (EIS), setting forth the charges upon which the proposed oral reprimand, written reprimand, suspension, demotion or termination is based. The statement shall include an identification of the specific charges against the employee and an explanation of the evidence to include: 1) Specific action or inaction by the employee that led to the proposed disciplinary action; 2) Specific citation to the rule, regulation, procedure, or other Departmental or County rule, regulation or procedure that has been dismissedviolated; 3) Previous related disciplinary action that the employee has received; 4) Mandatory corrective measures if applicable. The EIS shall provide the opportunity for the employee to respond with written rebuttal to the charges.
H. Written Reprimands Written reprimands are not subject to the full appeals process provided for suspensions, demotions, or terminations. An employee may choose to have their written reprimand reviewed at a hearing conducted by an internal panel in accordance with CCFD Rules and Regulations. At such time, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days from notification, not including the day of its receipt, to ask the Fire Chief that the panel be convened. The panel, which shall be composed of two (2) employees, one (1) selected by the employee, the other by the Fire Chief, shall meet within ten (10) working days of receiving the request. The employee requesting the panel’s review shall be given at least three (3) working days notice of the time and place for the hearing. The panel shall determine if the written reprimand is appropriate, and whether it should be upheld, overturned or modified. The decision must be rendered within two (2) working days of holding the hearing. The decision of the panel is final and binding on the parties. In the event that the panel does not reach consensus, then the written reprimand stands.
I. Suspensions, Demotions or Terminations
1) Step 1 – Fire Chief Hearing and Response
a. An employee, who is recommended for termination, may be suspended with or without pay in an administrative leave pay status pending the Fire Chief hearing or arbitration.
b. The employee, or the Union on behalf of the employee's receipt of said letter., who has been recommended for suspension, demotion or termination shall have five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school 801 The Employer shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct , suspend or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee discharge any Health Care Professional for just causecause only. An employee 802 All Health Care Professionals shall have the right to have a Union representative an Association Representative present at any meeting with supervisors or Management representatives when such meetings are accusatory or disciplinary meetings with in nature. Management will advise the Boardconcerned Health Care Professional if the intent of the meeting is to be investigatory, accusatory or disciplinary in nature. 803 The Board will Employer shall notify the employee in advance State Association of a disciplinary meeting and discharge within seven (7) workdays stating the employee's right 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 during the termination, the Association will be deemed to have Union representation at been notified. Receipt by a Local Affiliate officer of the meetingNotice of Disciplinary Action will constitute notification as referred to in this Paragraph. The Union has 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 disciplinary notices placed in their personnel files and shall have the right to have a representative of The Canadian Office rebut in writing any disciplinary notice. Such rebuttal shall be attached to the disciplinary notice and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee placed in the personnel file. Any materials relating to discipline for which there has been dismissed, the employee 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 opportunity right to review their personnel files to ensure the outdated disciplinary notices have been removed. 806 It is the intent of interviewing a Union representative the Employer to utilize progressive discipline in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union membernormal circumstances. The Union discipline imposed will be notified appropriate to the offense. Where deemed appropriate, the Employer may elect to use informal corrective action such 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, 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 provide copies of Notices of Disciplinary Action to the appropriate Association Co‐Chairperson within five (5) working days workdays. In 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's receipt , the date of said letterthe 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 and Association Representative agree to revise personnel record materials, the Employer shall, upon request, provide evidence of the revision. 812 To satisfy governmental record keeping requirements, copies of such notices shall be permanently maintained in a separate file to which supervisors shall not have access.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Labor Management Agreement
Discipline. For
Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the Principalsubject of such grievances.
15.1 Lakehead District School Board will administer Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a manner consistent Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for Employee before the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline processmeeting. Employees must be aware that potential disciplinary actions will be invoked have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board an Employee, management has a responsibility to inform discuss such matter with the employee Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the lack alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of adequate performance and, completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the case process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an employee who has completed IT/IS Unit Xxxxxxx or representative at the probationary period, give them hearing.
Section 13.7 Notice of a reasonable time pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to improve, offer and including discharge as a possible outcome of the employee training opportunities hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and provide suitable counselingdiscuss the charges and major supporting evidence against him/her prior to any decision being made. If the individual continues performing inadequately and has had Upon conclusion of a reasonable amount of time to improvedisciplinary hearing, the Board may Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and ultimately dismiss an employee for just causelocation, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. An employee A non-probationary Employee shall have the right to have appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a Union representative present at disciplinary meetings with pre-action or pre-termination hearing, the BoardCity may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Board will notify the employee in advance of Employer shall normally hold a disciplinary meeting pre-action or pre-termination hearing no less than two (2) working days and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For NOTE: This section replaces entirely Section 2.9 E and F of the purpose Faculty Handbook
17.1. The University agrees that no Bargaining Unit Member shall be suspended without pay or discharged without just cause. Discharge shall be defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the expiration of that appointment. However, termination of tenured faculty for financial, programmatic or other administrative considerations shall not be covered by the just cause provisions of this article Supervisor Article, but instead are addressed in Article 19, Retrenchment.
17.2. Discipline may include written warnings which will not be issued arbitrarily or capriciously. The Bargaining Unit Member will receive a copy of any written warning and such warning will be placed in the case of Bargaining Unit Member’s personnel file. Any such warning will specifically state that it is a school shall mean written disciplinary warning. Concerns over a Bargaining Unit Member’s performance, as opposed to misconduct, will be handled in accordance with the PrincipalEvaluation Article 12. As a general principle, a Bargaining Unit Member will be promptly informed about any administrative judgment about her or his conduct or performance.
15.1 Lakehead District School Board will administer discipline in 17.3. Discipline shall not include oral counseling or verbal reprimands, nor shall it include performance reviews. Such matters are not grievable under this Agreement.
17.4. At the President’s discretion, a manner consistent with Bargaining Unit Member may be placed on paid administrative leave to permit the concept of progressive University to investigate potential or alleged misconduct that may lead to discipline. Discipline will However, being placed on such administrative leave shall not itself be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identifieddeemed discipline.
17.5. In cases of severe misconductwhere the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to discipline, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee Bargaining Unit Member shall have the right to have a Union an Association representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has administration shall provide a reasonable notice of such meetings and the right allegations to have a representative of The Canadian Office and Professional Employees Union present be discussed at all disciplinary meetingsthe meeting.
15.2 When an employee has been dismissed17.6. Where appropriate, the employee shall have the opportunity University may also require as part of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension disciplinary action restitution, appropriate training or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, counseling or discharge sent to a Union memberother remedial action. The Union will be notified within five (5) working days University reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of the employee's receipt of said letter.law. Article 18: Intellectual Property Policy
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For .1 The Union and the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with subscribe to the concept of progressive corrective discipline. Steps of progressive corrective discipline are: (1) verbal warning, (2) written warning, (3) written reprimand, (4) suspension without pay, and (5) discharge. While it is desirable to follow the normal sequence of progressive corrective discipline, an infraction may be of such a serious nature as to warrant more severe actions immediately.
.2 The intent of discipline is to be progressive and corrective in nature and the specific type of discipline implemented will be dependent upon the severity and frequency of the unacceptable behavior.
.3 The discipline or discharge of Bargaining Unit Member who has completed the required period of probationary employment with the District shall be in accordance with this Agreement, provided it does not violate the relevant provisions of the Illinois School Code.
.4 A Bargaining Unit Member may be disciplined with just cause for violation of work rules, and in addition thereto, for acts or omissions to act which unnecessarily endanger the health, safety or property of students, other District employees or members of the public. Disciplinary action will be administered in a timely manner and as not to cause unnecessary embarrassment to the Bargaining Unit Member. Discipline will be employed issued for just cause and will be issued as soon as practicable after the District becomes aware of the event or action giving rise to correct improper conduct or poor work performancethe discipline. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline effort will be made to administer such discipline within thirty (30) days of the time the District becomes aware of the nature of event or action giving rise to the unacceptable behaviour discipline. In the event the District is unable to obtain evidence to support its charges due to matters beyond its control, the Bargaining Unit Member and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five a thirty (530) working days day period that discipline may be administered at a later time when evidence becomes available to the District. Suspension With Pay Nothing prohibits the Board or Superintendent from suspending a Bargaining Unit Member with pay pending an investigation of possible Bargaining Unit Member’s wrongdoing. Suspensions with pay are not deemed disciplinary. Just Cause Suspension Without Pay and Termination Prior to the employee's receipt suspension without pay or termination of said lettera Bargaining Unit Member, the Bargaining Unit Member shall have a right to a conference with the Superintendent. At the Bargaining Unit Member’s request, a Union representative will be present. The specific grounds forming the basis for the suspension or termination shall be made available to the Bargaining Unit Member and the Union in writing at least forty-eight (48) hours in advance of such conference. Only the Board after a due process hearing can terminate a Bargaining Unit Member.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will Except for those covered employees who may be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the terminated during their probationary period, give them a reasonable time to improve, offer the no covered employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence the employee.
15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall have sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to have which the employee may be entitled.
15.4 As set forth in Article 4.5.7, a Union representative present covered employee shall be entitled to Association representation at a disciplinary meetings meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the Boardemployee. The Board will notify CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
15.5 A covered employee in advance who is the subject of a disciplinary meeting 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 identity of the party or parties to perform the investigation, and the employee's right 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 have Union representation at the meetingemployee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Union has employee shall be informed in writing when the right to have investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, confidential manner. During any investigation the employee shall have 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 opportunity of interviewing a Union representative in private for a reasonable period of time before leaving circumstances surrounding the Board premisesmatter under investigation.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will 16.1 Except for those covered employees who may be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the terminated during their probationary period, give them a reasonable time to improve, offer the no covered employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
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 discipline shall be documented in writing, and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall have sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to have which the employee may be entitled.
16.4 As set forth in Article 4.5.7, a Union representative present covered employee shall be entitled to Association representation at a disciplinary meetings meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the Boardemployee. The Board will notify CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full- time and part-time covered employees.
16.5 A covered employee in advance who is the subject of a disciplinary meeting 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 identity of the party or parties to perform the investigation, and the employee's right 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 have Union representation at the meetingemployee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Union has employee shall be informed in writing when the right to have investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, confidential manner. During any investigation the employee shall have 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 opportunity of interviewing a Union representative in private for a reasonable period of time before leaving circumstances surrounding the Board premisesmatter under investigation.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school 17.1 The Director or his/her designee may discipline an employee only for just cause. Discipline shall mean the Principal.
15.1 Lakehead District School Board will administer discipline be carried out in a manner consistent with which is least likely to embarrass the concept employee before other employees or the public.
17.2 Disciplinary action or measure shall include 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 progressive discipline are preferable to allow an employee proper notice of misconduct and the opportunity to improve performance and to allow the Employer to document prior disciplinary matters. The level or degree of discipline imposed shall be appropriately based on an employee's prior record of service, severity of offense and prior record of discipline. Discipline will be employed to correct improper conduct or poor work performanceThe order in which these criteria appear are not indicative of their priority. An opportunity will employee may be provided for the disciplined suspended without pay when said employee has first received one (1) written reprimand relating to correct the inappropriate behaviour identifiedsaid employee's previous work or conduct. In cases of severe misconductAn 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.
17.4 Notwithstanding subsection 17.3 above, the Board Director may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer immediately suspend or discharge an employee for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential serious event which presents just cause for discipline by inclusive of such events as may be deemed to be just cause or as amended subject to the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented provisions contained in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. Article 18 below.
17.5 The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board Employer may discipline and ultimately dismiss an employee for just cause. An employee Notice of said disciplinary action shall have the right be provided to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance and Union no later than thirty (30) calendar days from the conclusion of a disciplinary meeting and the investigatory proceedings regarding the improper work, incident, or conduct by the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity 17.6 Disciplinary action may be reviewed pursuant to Article 18 of interviewing a Union representative in private for a reasonable period of time before leaving the Board premisesthis Agreement.
15.3 A claim by an employee for unjust suspension 17.7 Written reprimands and written records of oral reprimands (excluding suspensions or discharge demotions) shall be treated as a grievance automatically expunged from the employees personnel file eighteen (18) months from the date of issuance and handled no longer be considered in accordance with Article 13, commencing at 13.2.2evaluating future discipline if no other written reprimands on the same subject matter have been issued during that time period.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will Employees may not be employed to correct improper conduct removed or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee except for just cause. An employee Removal and discipline shall have 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 have a Union representative present at disciplinary meetings with the Boarddiscipline employees for just and proper cause. The Board 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 notify then be noticed by the administration. No employee will be suspended without pay or discharged without a hearing by the Business Manager or designee, unless the employee specifically waives the hearing in advance of a disciplinary meeting and the employee's right writing. Employees are entitled to have Union representation at any disciplinary hearing. Notice of the meetinghearing 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 Union has the right to have a representative of The Canadian Office and Professional Employees Union administrator initiating disciplinary proceedings will be present at all disciplinary meetings.
15.2 When an employee has been dismissedthe 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 shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, President (or discharge sent to a Union member. The Union will be notified other designated representative) within five (5) working days of the employee's conclusion of the hearing. The employee may submit a written rebuttal for his/her personnel file within five days of receipt of said letterthe 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 purposes of suspension only. Appeals of disciplinary suspensions or terminations will be expedited and presented at Level Three of the Grievance Procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For 1201 The Employer shall discipline, suspend and discharge any non-probationary employee for just cause only. It is the purpose intent of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer Employer to use progressive discipline in a manner consistent with normal circumstances. Where appropriate, the concept Employer will use informal corrective action such as verbal counseling and/or documented counseling prior to issuing of progressive formal discipline. Discipline will be employed Formal discipline imposed may include any or all of the following: Written Notice of Disciplinary Action, Suspension and Discharge. With respect to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconductdiscipline, the Board may bypass Employer will exercise reasonable judgment in disciplining employees by providing at least one (1) written warning prior to disciplinary action, except that such written warning shall not be required where the normal progressive discipline processemployee is guilty of gross misconduct (such as substance abuse, physical altercations or theft) or gross neglect of duty which could result in immediate termination. Employees must All employees shall be aware that potential given the right to have the local Association representative present at any meeting with supervisors or management representatives when such meetings are investigatory or disciplinary actions in nature. Prior to beginning any investigatory or disciplinary interview, the supervisor will be invoked by inform the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware CRNA of the nature of the unacceptable behaviour interview. 1202 It shall not be a violation of this Agreement and it shall not be cause for discipline, including discharge, if a CRNA refuses to perform any service which but for the potential existence of a lawful, primary labor dispute would be performed by other employees of the Employer, except in cases of extreme emergencies. 1203 Any material relating to corrective action for discipline which there has been no recurrence for twelve (12) months shall not be used as a basis for progressive corrective action in any future matters and will be removed from the file after twelve (12) months from the date of occurrence. Employees will have reasonable access to review their files to ensure that outdated letters of corrective action have been removed. If an employee is absent for thirty (30) or more calendar days, the entire period will be added to the prescribed time limit for current letters of corrective action. 1204 All employees shall be given the opportunity to read and review any formalized concern with respect to care or services rendered by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingsCertified Registered Nurse Anesthetist.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 2 contracts
Samples: Labor Agreement, Tentative Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal(a) The Company will endeavour to apply discipline consistently and fairly to all Company employees.
15.1 Lakehead District School Board (b) The Union recognizes the right of the Company to discipline employees for just cause. The Company will administer discipline in a manner consistent with give an employee written notice of discharge, suspension or any other disciplinary action for just cause, stating the concept exact nature and details of progressive disciplinethe infraction. Discipline will be employed to correct improper conduct Copies of notices of discharge, suspension or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential any other documented disciplinary actions will be invoked by provided to the employer for misconduct or unacceptable work performanceUnion prior to such discipline being applied. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing These notices and any other disciplinary actions may be the subject of a grievance and processed in accordance with the grievance procedure of this Agreement.
(c) Where an employee is required to meet with a manner that might warrant discipline will be made aware representative of the nature Company for the purposes of the unacceptable behaviour and the potential for applying discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the said employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform , the employee of the lack of adequate performance andwill, in the case of an employee who has completed the probationary periodshould they so desire, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right be entitled to have a Union representative present at disciplinary meetings with the Boardduring such meeting. The Board Company will notify so inform the employee prior to such meeting taking place, of their right to Union representation. If Union representation is desired by the employee then reasonable efforts will be made by both parties in advance of scheduling the meeting so that Union representation can occur. However, after reasonable efforts have been made, should a Union representative not be available to attend the meeting, the Company will not be prevented from taking disciplinary meeting action.
(i) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infractions for twenty-four (24) months. After the twenty-four (24) month period, the disciplinary notices will be removed from the employee’s Personnel file.
(ii) In disciplinary actions involving serious misconduct, the Union and the Company may mutually agree to increase the period that past disciplinary notices are deemed void and removed from the employee's Personnel file.
(e) An employee has a right to have Union representation examine their Personnel file upon request, provided that a duly authorized management representative is present. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and such reply will become part of their permanent record.
(f) Grievances arising from discharges will be initiated at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days Formal Review Phase of the employee's receipt of said letterDispute Resolution Process outlined in this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. For the purpose of this article Supervisor in the case of
A. The Employer will not discharge or take disciplinary action against a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive disciplinenon-probationary Bargaining Unit member without just cause. Discipline Where appropriate, such disciplinary action will be employed corrective and progressive in nature; provided, however, and subject to correct improper conduct or poor work performance. An opportunity will be provided for just cause standards, the disciplined employee Employer reserves the right to correct issue discipline appropriate to the inappropriate behaviour identifiedoffense. In cases of severe serious misconduct, the Board Employer may bypass administer accelerated discipline, up to and including discharge.
B. The Employer reserves the normal progressive discipline processright to place an Employee on a non-disciplinary paid administrative leave pending the outcome of an investigation. Employees must be aware that potential disciplinary actions will be invoked by The Employer shall not extend such leaves longer than necessary to conduct a thorough investigation and ensure the employer for misconduct or unacceptable work performancesafety of patients, staff, and the Employee(s). Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware The Employer agrees to make reasonable efforts to return the Employee to the workplace prior to the conclusion of the nature investigation, when possible. The Employer agrees to meet with the Union upon request to the share status of the unacceptable behaviour investigation and address any concerns the potential for discipline by Union or Employee may have.
C. When a supervisor or manager wishes to conduct an investigatory interview with an Employee, the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation supervisor will be factually documented in a timely manner by inform the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control Employee of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee purpose of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselingmeeting. If the individual continues performing inadequately circumstances are such that disciplinary action could result, the Employee will be informed that they have a right to have a Union Representative present at the meeting, and has had the Employee will be afforded a reasonable amount of time to improvesecure union representation.
D. Once the investigation is concluded, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board University will notify the employee Employee and the Union Representative in advance writing of any decision to discipline or discharge the Employee. The University will not discharge, suspend or present a disciplinary meeting and action to an Employee over the employee's right telephone provided that the Employee agrees to have Union representation at return to work to meet with the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingssupervisor.
15.2 E. When the University intends to order an employee has been dismissedEmployee to leave work for disciplinary reasons, the employee Employee's union representative shall have be notified by the University and be afforded the opportunity of interviewing a Union representative in private to consult with the Employee for a reasonable period of time before leaving the Board Employee leaves the premises.
15.3 A claim by an employee for unjust suspension . If, however, the immediate removal of the Employee from University premises is necessary to prevent injury to the Employee or discharge others or disruption of the workplace, such opportunity need not be afforded. In such a case, the University shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter the incident.
F. Notwithstanding Section A of disciplinethis Article, suspensionthe Medical Staff Bylaws, Rules and Regulations, and related Medical Staff policies and procedures currently in effect or discharge sent to a Union memberhereinafter adopted, all as approved and overseen by the University of Michigan Health System Board as the governing body, shall be observed by all Bargaining Unit Employees. The Union will be notified within five (5) working days In addition, policies, procedures and Standard Practice Guides of the employee's receipt University and University of said letterMichigan Hospitals (UMH) currently in effect or hereinafter adopted shall be observed by all Bargaining Unit Employees.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. For The committee have the purpose of this article Supervisor in authority to discipline an apprentice and to cancel the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware apprenticeship agreement of the nature apprentice at any time for cause pertaining to their apprenticeship such as: inability to learn; unsatisfactory work; lack of interest in their work or education. This not limit the right of the unacceptable behaviour and the potential Company to discipline an apprentice for cause for matters not related to their training as an apprentice. Such discipline by the appropriate supervisorCompany shall be subject to the grievance procedure. Supervisors Apprentices in each of the trades covered shall be paid a progressively increasing schedule of wages as follows; YEAR NOT LESS THAN OF 2"YEAR NOT LESS THAN OF JOURNEYPERSONS NOT LESSTHAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS RATE RATE RATE RATE YEAR NOT LESS THAN OF JOURNEYPERSONS 2"YEAR NOT LESS THAN OF JOURNEYPERSONS 3" YEAR NOT LESS THAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS When extra maintenance help is needed due to an absence, the Company may post the opening and select a production employee to assist the trades personnel. No seniorityin skilled trades would be accrued. The rate of pay would be ten (10) cents per hour less than the first year apprentice base rate. This employee would only help with jobs that have limited responsibility such as snow removal, lubrication, or helping a cer- tified millwrightwith their normal duties. The successful employee would be utilized for future openings. This clause in no event would allow an apprentice or a millwright to be on layoff status at the same time. Maintenance helpers that are expected to investigate offenses and performance problems fully and concisely. Each situation in the group for six (6) months in any con- secutive twelve (12) month period will be factually documented in a timely manner by offered the appropriate supervisorposition as trades apprentice. Progressive discipline The selection for maintenance helper will be applied in cases where as per selection of apprentices; The opening will be posted. Applicationswill be turned over to the misconduct or performance problem is within Joint Apprenticeship committee for selection. For selection of helper if all other requirements are met passed test, grade education) the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's controlselection will be done by master seniority. The Board has apprenticeship committee will review their progress on a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselingregular basis. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union All maintenance helpers will be notified within five (5) working days of the employee's receipt of said letterpaid cents less an hour than a year apprentice.
Appears in 2 contracts
Samples: Collective Labour Agreement, Collective Labour Agreement
Discipline. For
Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismissed, a responsibility to discuss such matter with the employee Employee. Counseling of this type shall have the opportunity of interviewing a Union representative be held in private for between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a reasonable period of copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time before leaving to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Board premisesEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
15.3 Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A claim by disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an employee for unjust suspension or discharge estimated date when the process shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2completed.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will Except for those covered employees who may be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the terminated during their probationary period, give them a reasonable time to improve, offer the no covered employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence the employee.
15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall have sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to have which the employee may be entitled.
15.4 As set forth in Article 4.5.7, a Union representative present covered employee shall be entitled to Association representation at a disciplinary meetings meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the Boardemployee. The Board will notify CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full- time and part- time covered employees.
15.5 A covered employee in advance who is the subject of a disciplinary meeting 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 identity of the party or parties to perform the investigation, and the employee's right 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 have Union representation at the meetingemployee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Union has employee shall be informed in writing when the right to have investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, confidential manner. During any investigation the employee shall have 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 opportunity of interviewing a Union representative in private for a reasonable period of time before leaving circumstances surrounding the Board premisesmatter under investigation.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismisseda responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the employee written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall have not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity of interviewing a Union representative to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge any disciplinary hearing. Employees shall be treated as a grievance and handled notified in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union writing of any letter of discipline, suspension, pre-action hearing at least two (2) working days (or discharge sent equivalent work hours) prior to a Union member. The Union will be notified within pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the employee's hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case The employment of a school faculty member shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will not be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee terminated except for just cause. An employee The President or his designate shall have state in writing the facts believed to constitute just cause for the disciplinary dismissal of a faculty member. When this statement is prepared, a copy shall be given to the faculty member and the Association Xxxxxxx and the faculty member shall be advised of right to seek the assistance of the Association. Other Disciplinary Action Other disciplinary action includes written censures and letters of reprimand. A faculty member shall be sent a copy of any such document (at the time of filing) placed on the faculty member's personnel file. The faculty member is to provide immediate written acknowledgment of receipt of the copy. In response to any such documents placed in a faculty member's personnel file, a faculty member shall be entitled to prepare a statement and include it in said file. Upon the faculty member's request, any such document shall be removed from the faculty member's personnel file after the expiration of three years or at the end of current contract whichever is longer provided there has not been a further infraction. FORMAL MEETINGS DISCIPLINARY ACTION it expects will in discipline.,the will hate the right to have a Union union representative present in such meeting. COLLECTIVE AGREEMENT PAGE Any alleged non-compliance with action but will result in a reconvening with only If a reconvened render void meeting necessary information from reconvened meeting shall be considered COLLECTIVE AGREEMENT PAGE RENEWAL OF APPOINTMENT APPOINTMENT OF TEMPORARY EMPLOYEES Seniority of Temporary Faculty A temporary faculty member whose initial evaluations have been satisfactory shall accrue seniority. Accrual and Available Work This clause applies to both non-instructional and instructional faculty. Additional available work in the same department will be offered, on the basis of seniority, first to qualified regular faculty on lay-off who have recall rights under Articles and and then to qualified regular faculty who have less than full workloads. If there are two or more regular faculty with equal seniority, allocation of available work will be made by a hiring committee as per Article The length of contract will reflect the specific needs of the department. Where work is required on a continuous basis, appointments will be without breaks. LIMITATIONS ON USE OF NON-REGULAR POSITIONS In those instances where the ongoing workload is sufficient, the University-College shall normally (and when budget permits) recruit and appoint regular, rather than temporary faculty members. Where ongoing full-time work is created (e.g. through the addition of new programs) which can be filled by a single faculty member, a regular position will be created. CONVERSION OF FACULTY (INSTRUCTIONAL AND INSTRUCTIONAL) TO REGULAR STATUS Nothing in Article prohibits the Employer’s right to regularize any position as it deems necessary. COLLECTIVE AGREEMENT PAGE Regularization of Temporary Faculty Eligibility Requirements A temporary pro rata faculty member shall be entitled to be converted to regular status where the temporary pro rata faculty member has worked not less than two consecutive academic years immediately preceding with an annual workload of fifty percent (50%) or greater with work in each of the fall and spring semesters in each of those two consecutive academic years, provided: There is a reasonable expectation of ongoing employment for which the faculty member is deemed qualified pursuant to below at disciplinary meetings a workload of not less than fifty percent (50%) of an annual full-time workload with work in each of the Boardfall and spring semesters in the next academic year; The evaluations, if any, of the faculty member during the two consecutive academic years immediately preceding regularization have all been deemed satisfactory; and A duly constituted selection committee (Article in the applicable seniority deems the faculty member qualified for the work available. The Board will notify academic year is deemed to commence August and may include workload during the employee in advance of a disciplinary meeting subsequent fall, spring and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.special
Appears in 1 contract
Samples: Collective Agreement
Discipline. For When a written reprimand, a suspension or a discharge of an employee in the bargaining unit has occurred, the Corporation shall notify the Local President of the Alliance or their designate of such action. When an employee is required to attend a meeting, the purpose of this article Supervisor in which is to render a disciplinary decision, or to advise of, or conduct an investigation the case employee, the employee is entitled to have, at their request, a representative of the Alliance attend the meeting. The employee shall receive a school minimum of two (2)day's notice of such a meeting and shall mean be advised of the Principal.
15.1 Lakehead District School Board will administer discipline right to have an representative attend the meeting. When an is suspended with or without pay or discharged, the Corporation must provide to the employee at the time of suspension or discharge the written reasons for such action. The Corporation agrees not to introduce as evidence in a manner consistent with hearing relating to disciplinary action any document from the concept filé of progressive discipline. Discipline will be employed to correct improper conduct an employee the content of which the employee was not aware of at the time of filing or poor work performancewithin a reasonable time thereafter. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will shall be made aware of the nature and receive a copy of the unacceptable behaviour all written disciplinary reports and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond reprimands which have been on the employee's control. The Board has a responsibility Any document or written statement related to inform disciplinary action, placed on the employee personal file of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall be destroyed after two (2) years have elapsed since the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. Grievances relating to suspension or discharge shall be treated as a filed at Step of the grievance and handled procedure. If the grievance is not satisfactorily at Step then the grievance may be referred to Expedited Arbitration in accordance with Article 13Upon request, commencing at 13.2.2.
15.4 The an employee shall be provided with a current organization chart depicting the employee’s position’s place within the organization, a complete and current job description which shows their classification level and the duties and responsibilities for their position, the responses to the Job Evaluation questionnaire for position and the compensation attributed to the position. If, during the term "of this Agreement, a new plan is adopted or the classification plan is modified such that new levels are introduced, ‘the Corporation shall negotiate the rates of pay and the affecting the pay of the employees on their movement to the new levels. All positions and all newly created positions in the bargaining unit shall be evaluated in accordance with the classification plan. Changes in Classification When the duties and responsibilities of an employee" under this section shall refer only to employees who ’s position have completed their probationary periods.
15.5 The Board will verbally notify been substantially modified by the Union of any letter of disciplineCorporation, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days on request of the employee's receipt of said letter, the Corporation shall reevaluate the position and shall give the employee the results in writing.
Appears in 1 contract
Samples: Collective Agreement
Discipline. For the purpose of (a) Disciplinary action including discharge, shall be excluded from this article Supervisor in the case of a school grievance procedure. Suspensions over 10 days and discharges shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked governed exclusively by the employer for misconduct City of Chicago's Human Resources or unacceptable work performancePolice Board Rules, whichever may be applicable. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving Notwithstanding the foregoing, suspensions of 11 days or performing more may be appealed to arbitration in a manner that might warrant discipline will be made aware lieu of the nature Human Resources Board or Police Board upon the written request of the unacceptable behaviour Union. Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Human Resources or Police Board do not thereafter become arbitrable as a result of said decision. The grievance procedure provisions herein and the potential for discipline by the appropriate supervisor. Supervisors Human Resources or Police Board appeals procedure are expected to investigate offenses mutually exclusive, and performance problems fully and concisely. Each situation will no relief shall be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just causeavailable under both. An employee shall have the right who may be subject to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union action for any reason has the right to have ask for a Union representative of The Canadian Office and Professional Employees Union to be present at all disciplinary meetings.
15.2 When an any interrogations or hearings in accordance with said Boards' rules. For suspensions of eleven (11) to thirty (30) days the designated supervisor shall meet with the employee has been dismissedand notify him/her of the reasons for the discipline and be given the opportunity to respond at that meeting. If the employee requests the presence of a Union representative at such meeting one will be provided if reasonably available. In the case of discharge, the employee shall have be provided with a written statement of the opportunity charges on which the discharge is based with an explanation of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify evidence supporting the Union of any letter of discipline, suspension, or discharge sent to a Union membercharges. The Union will be notified employee shall have an opportunity to - (1) respond to said charges in writing within five (5) working days of notification of the charge, and (2) meet with the Department Head's designee before action is taken. A Union representative may be present at such meeting.
(b) An employee who is subject to or reasonably believes he/she will be subject to disciplinary action for any impropriety or cause has the right to ask for and receive a Union representative to be present at any interrogations or hearings prior to being questioned. The interrogation shall take place at reasonable times and places and shall not commence until the Union representative arrives, provided that the Employer does not have to wait an unreasonable time and the Employer does not have to have the interrogation unduly delayed. An employee may be discharged for just cause before the Human Resources or Police Board hearing, provided that said employee shall be guaranteed, upon request, a full hearing before said Board, in accordance with the said Board's rules. It is further provided that in the event of non- egregious offenses, not to include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the job, insubordination or work stoppages, the employee will be given 30 days advance notice of discharge, and has 7 days from receipt of the notice to appeal. If the employee does not file an appeal within the 7-day appeal period, the Employer may then remove the employee from the payroll. If the employee appeals the discharge, the Human Resources Board shall be requested to set a hearing date within the 30-day notice period and the employee shall remain on the payroll for the full notice period, except if prior to completion of the 30-day notice period (1) the Hearing Officer affirms the discharge; or (2) the employee continues the discharge hearing; or (3) the employee withdraws his appeal or otherwise engages in conduct which delays the completion of the hearing. However, in no event may the employee require the employer to retain the employee on the payroll beyond the 30-day period. The Union shall have the right to have its representatives present at either of the Board(s) or the grievance procedure, including arbitration, and to actively participate.
(c) The Employer within its discretion may determine whether disciplinary action should be an oral warning, written reprimand, suspension or discharge, depending upon various factors, such as, but not limited to, the severity of the offense or the employee's prior record. Such discipline shall be administered as soon as practical after the Employer has had a reasonable opportunity to fully investigate the matter and conduct a meeting with the Union and employee. The Employer is not obligated to meet with the employee and Union prior to taking disciplinary action where the employee is unavailable or in emergency situations. Demotions shall not be used as a part of discipline. Transfer shall not be part of an employee's discipline. In cases of oral warnings, the supervisor shall inform the employee that he/she is receiving an oral warning and the reasons therefore. For discipline other than oral warnings, the employee's immediate supervisor shall meet with the employee and notify him/her of the accusations against the employee and give the employee an opportunity to answer said accusations. Specifically, the supervisor shall tell the employee the names of witnesses, if any, and make available copies of pertinent documents the employee or Union is legally entitled to receive, to the extent then known and available. Employer's failure to satisfy this Section 11.1 shall not in and of itself result in a reversal of the Employer's disciplinary action or cause the Employer to pay back pay to the employee. In the event disciplinary action is taken, the employee and the Union shall be given, in writing, a statement of the reasons therefore. The employee shall initial a copy, noting receipt only, which shall be placed in the employee's file. The employee shall have the right to make a response in writing which shall become part of the employee's file. Any record of discipline may be retained for a period of time not to exceed eighteen (18) months and shall thereafter not be used as the basis of any further disciplinary action, unless a pattern of sustained infraction exists. A pattern shall be defined as at least two substantially similar offenses during said letter18-month period. If an employee successfully appeals a disciplinary action, his/her file shall so record that fact. If the appeal fully exonerates the employee, the Employer shall not use said record of the discipline action against the employee, or in the case of promotions or transfers. In any disciplinary investigation of a non-egregious offense conducted by the investigative staff of the Office of Budget and Management, the Employer shall notify the employee who is subject to the disciplinary investigation of the pendency of the investigation and its subject matter, within thirty (30) calendar days of the Employer being made aware of the alleged rule violation. For the purposes of this Section, the term "non-egregious offense" shall not include inducible criminal offenses, gross insubordination, residency issues, or drug and alcohol violations. Thereafter, the employee shall be granted a pre-disciplinary hearing if requested within thirty (30) days. Any discipline given in violation of this notice provision shall be null and void. In the event that a discharged employee appeals an adverse decision of the Human Resources or Police Board to the Circuit Court of Xxxx County, or thereafter to the Appellate Court of Illinois, and the decision of the Human Resources or Police Board is reversed or remanded resulting in restoration of the job, the Employer will pay the employee's reasonable attorney's fees which he or she has incurred in connection with the court proceeding, excluding fees incurred before the Human Resources or Police Board. The employee shall submit a post-appeal fee petition to the Employer, which shall be supported by full documentation of the work performed, the hours expended, and the rates paid by the employee. Should the parties be unable to agree on the proper amount of the fees to be paid to the employee, either party may refer the dispute to arbitration under the relevant provisions of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For Discipline of unit members to whom Section 75 of the purpose Civil Service Law applies shall be in accordance with the procedures set forth in Section 75. All other employees to whom Section 75 of this article Supervisor the Civil Service Law is not applicable shall have the following procedure available to them in the case event of a school shall mean the Principaldiscipline.
15.1 Lakehead District School Board will administer discipline in a manner consistent Step 1. The supervisor shall meet with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct discuss the inappropriate behaviour identifiedfacts and circumstances of the poor performance or misconduct. In cases of severe misconductThe employee may have an Association representative present if he wishes, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of unless the nature of the unacceptable behaviour and misconduct, circumstances, or timing makes it impractical to do so.
Step 2. An employee who has been disciplined may request that the potential for discipline imposed be reviewed by the appropriate supervisorDirector of Facilities in conjunction with the Assistant Superintendent for Business. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in If the employee is a timely manner bus mechanic, he may request review by the Director of Transportation in conjunction with the Assistant Superintendent for Business. Such request shall be submitted in writing to the appropriate supervisor. Progressive discipline will be applied in cases where person within fifteen (15) workdays after the misconduct or performance problem is within the control imposition of the employeediscipline. A disciplinary response is not immediately justified if the situation is beyond The request shall set forth in detail the employee's controlreasons for believing that the discipline should be modified or rescinded. The Board has employee shall furnish a responsibility copy of his
Step 3. request to inform the supervisor. The supervisor shall thereafter submit to the appropriate administrator written details of the facts and circumstances upon which the discipline was based, and a copy shall be furnished to the employee prior to the meeting described below.
A. The Director of Facilities (or the lack Director of adequate performance andTransportation, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting where applicable) and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When Assistant Superintendent for Business shall hold an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified informal meeting within five (5) working work days of after receiving the employee's receipt request. The employee and the supervisor shall each have the right to be present and to make arguments concerning the disciplinary action. The employee may bring an Association representative or another unit member of said letterhis own choice to this meeting.
B. The Director of Facilities (or the Director of Transportation, where applicable) and the Assistant Superintendent for Business shall render a joint decision in writing within ten (10) workdays after the informal meeting. Where the employee has elected the use of this procedure, such decision shall in all respects be final and not subject to the grievance procedure of this Agreement and shall not be reviewable by any administrative body or court of law. In any event, discipline decisions made by the District shall not be subject to the grievance procedure provided by this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For
14.01 The Employer shall not discipline, suspend or discharge an employee without just cause. In any grievance over disciplinary action, the purpose burden of this article Supervisor proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to discipline procedures shall be kept strictly confidential to the parties directly involved in the case investigation and processing of a school shall mean the Principalcomplaint.
15.1 Lakehead District School Board will administer discipline in a manner consistent with 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 with the Personnel Committee of the reason(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 Employer requests such a meeting.
14.05 An employee shall be notified in writing of the grounds for any discipline at the time of the discipline. Discipline will The Union shall be employed to correct improper conduct or poor work performance. An opportunity will be provided for notified in writing at the disciplined employee to correct the inappropriate behaviour identifiedsame time. In cases of severe misconductgrievance procedure (including arbitration) pertaining to any discipline, the Board may bypass Employer shall be limited to the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing grounds as originally notified under this Article.
14.06 Where an employee acts in a manner that might warrant discipline will be made aware 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 nature Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the unacceptable behaviour Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the employee and the potential for discipline Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Any reply by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control employee shall become part of the employee. A disciplinary response is not immediately justified if record and placed in the situation is beyond the employee's controlPersonnel File. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board Employer may discipline and ultimately dismiss not rely upon or use any written warning against an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingsany purpose unless this clause is first complied with.
15.2 When 14.09 Clauses14.03 and 14.04 notwithstanding, where the Employer believes on reasonable grounds that an employee has been dismissedcommitted an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the employee shall have the opportunity of interviewing a Union representative in private from duty with full pay and benefits for a reasonable period of time before leaving twenty (20) days pending investigation of the Board premises.
15.3 A claim by alleged act. Within that 20-day period the Employer shall conduct a diligent investigation. If, on the basis of that investigation, the Employer reasonably concludes that there is clear and compelling evidence that the employee has committed such an act, the Employer may immediately suspend the employee for unjust without pay. This suspension or discharge shall be treated as a become dismissal if no grievance and handled is filed in accordance with Article 1311 (Grievance Procedure). Should a grievance be filed, commencing at 13.2.2this suspension shall be resolved through the procedure specified in Article 11.06 (Grievance Procedure).
15.4 14.10 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union record of any letter disciplinary action and any matters forming the basis of discipline, suspension, or discharge sent raised during such a disciplinary action shall not be referred to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.or used against an employee at any time after eighteen
Appears in 1 contract
Samples: Collective Agreement
Discipline. For NOTE: This section replaces entirely Section 2.9 E and F of the purpose Faculty Handbook
17.1. The University agrees that no Bargaining Unit Member shall be suspended without pay or discharged without just cause. Discharge shall be defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the expiration of that appointment. However, termination of tenured faculty for financial, programmatic or other administrative considerations shall not be covered by the just cause provisions of this article Supervisor Article, but instead are addressed in Article 19, Retrenchment.
17.2. Discipline may include written warnings which will not be issued arbitrarily or capriciously. The Bargaining Unit Member will receive a copy of any written warning and such warning will be placed in the case of Bargaining Unit Member’s personnel file. Any such warning will specifically state that it is a school shall mean written disciplinary warning. Concerns over a Bargaining Unit Member’s performance, as opposed to misconduct, will be handled in accordance with the PrincipalEvaluation Article 12. As a general principle, a Bargaining Unit Member will be promptly informed about any administrative judgment about her or his conduct or performance.
15.1 Lakehead District School Board will administer discipline in 17.3. Discipline shall not include oral counseling or verbal reprimands, nor shall it include performance reviews. Such matters are not grievable under this Agreement.
17.4. At the President’s discretion, a manner consistent with Bargaining Unit Member may be placed on paid administrative leave to permit the concept of progressive University to investigate potential or alleged misconduct that may lead to discipline. Discipline will However, being placed on such administrative leave shall not itself be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identifieddeemed discipline.
17.5. In cases of severe misconductwhere the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to discipline, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee Bargaining Unit Member shall have the right to have a Union an Association representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has administration shall provide a reasonable notice of such meetings and the right allegations to have a representative of The Canadian Office and Professional Employees Union present be discussed at all disciplinary meetingsthe meeting.
15.2 When an employee has been dismissed17.6. Where appropriate, the employee shall have the opportunity University may also require as part of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension disciplinary action restitution, appropriate training or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, counseling or discharge sent to a Union memberother remedial action. The Union will be notified within five (5) working days University reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of the employee's receipt of said letter.law. Article 18: Intellectual Property Policy
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will 16.1 Except for those covered employees who may be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the terminated during their probationary period, give them a reasonable time to improve, offer the no covered employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
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 discipline shall be documented in writing, and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence of the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall have sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to have which the employee may be entitled.
16.4 As set forth in Article 4.5.6 a Union representative present covered employee shall be entitled to Association representation at a disciplinary meetings meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the Boardemployee. The Board will notify CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
16.5 A covered employee in advance who is the subject of a disciplinary meeting investigation shall be notified in writing within seven (7) calendar days of such investigation. Notification shall include the allegation or wrongdoing that requires investigation and the employee's right 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 have Union representation at the meetingemployee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Union has employee shall be informed in writing when the right to have investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, confidential manner. During any investigation the employee shall have 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 opportunity of interviewing a Union representative in private for a reasonable period of time before leaving circumstances surrounding the Board premisesmatter under investigation.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this article Supervisor Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the Principalsubject of such grievances.
15.1 Lakehead District School Board will administer Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct disciplinary action against him or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconducther, the Board may bypass Employee has the normal progressive discipline processright, upon request, to have a Union representative present. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response Management is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility required to inform the employee of his/her witness rights; it is the lack Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of adequate performance and, in the case of an employee who has completed the probationary period, give them a meeting and be given reasonable time to improveconfer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, offer management has a responsibility to discuss such matter with the employee training opportunities employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide suitable counselinga written response, which shall be retained with the written Employee Counseling Record. If the individual continues performing inadequately and has had a reasonable amount of It is understood informal counseling sessions occur from time to improvetime which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the Board future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. and ultimately dismiss an employee for just causefive (5)
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. An employee Employees shall have be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action such hearing working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative present at disciplinary meetings with the Boardhearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. The Board will notify Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department except in advance the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headHuman Resources Director or designee. Upon conclusion of the hearing and the employee's right to have Union representation recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the meetingtime such action is taken. The Union has This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to have a representative appeal or grieve such discipline as provided under Article 14 of The Canadian Office this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Professional Employees Union present at all disciplinary meetingsProcedure Manual, as appropriate.
15.2 When an employee has been dismissedSection 13.10 Pending a pre-action or pre-termination hearing, the employee shall have City may suspend an Employee until investigation of the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving incident is completed and will normally place the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union memberEmployee on paid administrative leave. The Union will be notified Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the employee's suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For
Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismisseda responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the employee written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall have not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity of interviewing a Union representative to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge any disciplinary hearing. Employees shall be treated as a grievance and handled notified in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union writing of any letter of discipline, suspension, pre-action hearing at least two (2) working days (or discharge sent equivalent work hours) prior to a Union member. The Union will be notified within pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the employee's hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismisseda responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the employee written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall have not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity of interviewing a Union representative to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge any disciplinary hearing. Employees shall be treated as a grievance and handled notified in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union writing of any letter of discipline, suspension, pre-action hearing at least two (2) working days (or discharge sent equivalent work hours) prior to a Union member. The Union will be notified within pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the employee's receipt hearing officer.
Section 13.7 Notice of said lettera pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. ection 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For
14.01 The Employer shall not discipline, suspend or discharge an employee without just cause. In any grievance over disciplinary action, the purpose burden of this article Supervisor proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to discipline procedures shall be kept strictly confidential to the parties directly involved in the case investigation and processing of a school shall mean the Principalcomplaint.
15.1 Lakehead District School Board will administer discipline in a manner consistent with 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 with the Personnel Committee of the reason(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 Employer requests such a meeting.
14.05 An employee shall be notified in writing of the grounds for any discipline at the time of the discipline. Discipline will The Union shall be employed to correct improper conduct or poor work performance. An opportunity will be provided for notified in writing at the disciplined employee to correct the inappropriate behaviour identifiedsame time. In cases of severe misconductgrievance procedure (including arbitration) pertaining to any discipline, the Board may bypass Employer shall be limited to the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing grounds as originally notified under this Article.
14.06 Where an employee acts in a manner that might warrant discipline will be made aware 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 nature Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the unacceptable behaviour Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the employee and the potential for discipline Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Any reply by the appropriate supervisoremployee shall become part of the record and placed in the Personnel File. Supervisors are expected to investigate offenses 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 performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases 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 the alleged act. Within that 20-day period the Employer shall conduct a diligent investigation. If, on the basis of that investigation, the Employer 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 and any matters forming the basis of or performance problem raised during such a disciplinary action shall not be 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 control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility 18 month period.
14.11 Any material related to inform the employee of the lack of adequate performance and, matters mentioned in 14.10 shall be destroyed 18 months after being placed in the case of 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 employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may admission that such discipline and ultimately dismiss an employee was for just cause. An employee shall have the right to have a Union representative present at If subsequent disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee action has been dismissedinitiated within 18 months of the imposition of an earlier disciplinary action, the employee shall have information from the opportunity of interviewing a Union representative earlier discipline is admissible as evidence in private for a reasonable period of time before leaving the Board premisesan arbitration hearing.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Agreement
Discipline. For the SECTION 1: Employees covered by this agreement shall be disciplined, demoted suspended or discharged only for just cause.
SECTION 2: The purpose of this article Supervisor in discipline is to improve the case of a school affected employee's work performance and conduct. Progressive discipline shall mean the Principal.
15.1 Lakehead District School Board will administer be utilized whenever possible. Progressive discipline shall include resort to verbal warnings, written reprimands and suspensions in a progressive manner consistent with the concept prior to imposition of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identifiedtermination from employment. In cases determining the level of severe misconductdiscipline to be imposed, the Board Employer shall consider the employee's total record of service and may bypass the normal progressive impose a more serious discipline process. Employees must be aware that potential disciplinary actions will be invoked if warranted by the employer for misconduct employee's disciplinary history or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation offense.
SECTION 3: No verbal reprimand, written reprimand, or suspension in an employee's personnel file will be factually documented in a timely manner by considered, for purposes of determining the appropriate supervisor. Progressive severity of subsequent discipline, 24 months after the date that discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform administered as long as the employee of does not commit a like or related offense during the lack of adequate performance and, in the case of an employee who has completed the probationary 24 month period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improvelike or related offense is committed, the Board may discipline and ultimately dismiss new 24 month period shall commence on the date that the subsequent disciplinary action is administered.
SECTION 4: The Employer shall provide the Union representative a copy of all written reprimands, suspensions, or removal/termination orders. Conferences for disciplinary purposes shall be in private. Consistent with the Xxxxxxxxxx standard, an employee for just cause. An employee shall have the right to have a Union representative official present at disciplinary meetings with the Board. The Board will notify if the employee in advance reasonably believes that he/she may be disciplined as a result of a disciplinary meeting and the employee's right matter being investigated. A reasonable amount of time shall be provided for the union to have Union representation at arrive prior to the start of an investigatory meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity a one (1) week notice of interviewing a Union representative in private for a reasonable period of time before leaving the Board premisesall suspensions.
15.3 A claim by SECTION 5: The Employer shall hold a pre-disciplinary conference with an employee for unjust in the event it considers imposition of a suspension or discharge termination. Employees shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within receive five (5) working days advance notice of pre- disciplinary conference and shall also be entitled to a copy of all evidence known at the time that gave rise to the allegations. This exchange of evidence shall not preclude the Employer from relying on evidence that is later discovered or from admitting other evidence at any point of the employee's receipt grievance process. If additional evidence is later discovered, the employee will be given a reasonable amount of said lettertime to respond.
SECTION 6: Any Employer representative presiding over a pre-disciplinary conference regarding imposition of discipline shall not serve as the presiding Employer representative at Step One or Two under Article 9 titled Grievance Procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor Employees who are to be or may be disciplined are entitled to Union Representation exclusively in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner any disciplinary proceedings consistent with the concept Xxxx 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 has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of progressive disciplinefederal, 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. Discipline 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 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 "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be employed free to correct improper conduct or poor work performanceuse any discipline issued to the employee regardless of the provisions of this Section. An opportunity will If the County has reason to discipline an employee it shall normally be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing done in a manner that might warrant discipline 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 thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be 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 notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be made aware of relied upon. During the nature of pre-disciplinary meeting the unacceptable behaviour and employee and/or the potential for discipline by Union representative shall be given an opportunity to rebut or clarify the appropriate supervisorcharges which gave rise to the pre-disciplinary meeting. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will The pre-disciplinary meeting shall be factually documented scheduled in a timely manner by manner. In the appropriate supervisor. Progressive discipline will event, the Union’s representative or designee does not respond to scheduling of such hearing, the employee may be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's controldisciplined accordingly. The Board has County shall make every reasonable effort to assign a responsibility manager from a different department than the department in which the act that gave rise to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselingpre-disciplinary meeting occurred. If the individual continues performing inadequately and County has had a reasonable amount of time to improve, the Board may xxxxxx.xx discipline and ultimately dismiss an employee for just causeit shall normally be done in a manner that will not embarrass the employee before other employees or thepublic. An employee shall have the right to have a Union representative present at employee’s disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled record in accordance with the provisions of Article 13IV, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days Section 4.13 of the employee's receipt Healthcare Professionals, Technicians, Technologists, Article XIV, Section 14.1 of said letterthe Stroger/Xxxxxx Agreements shall not be used to determine whether or not they are promoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For The Board agrees with the purpose tenets of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School progressive and corrective discipline, including but not limited to oral reprimand, written reprimand, suspension without pay, and discharge. The Superintendent or designee may place an employee on paid administrative leave during an investigation. The Board will agrees to administer discipline in a manner consistent which is neither arbitrary nor capricious and further agrees that it shall bear the burden of demonstrating that disciplinary action is neither arbitrary nor capricious. However, nothing contained herein shall require the Board to exhaust any or all of the listed disciplinary techniques when a determination has been made of the need to discipline an employee.
A. When an employee is required to attend a meeting with his or her supervisor, and the concept of progressive discipline. Discipline employee believes the meeting may result in disciplinary action to him or her, that employee may have a Union representative present at such meeting (only one employee representative will be employed released if the meeting is during the work day). The Union will provide to correct improper conduct the District a current listing of Union representatives, titled “Grievance Representative Assignment,” to be used for this purpose at each building, and the supervisor involved will make the necessary arrangements to ensure the availability of the listed Union representative(s) for all meetings. Provided, however, if the Union has not designated a representative at a building, or poor if the designated representative(s) in that building are absent or unavailable, the District may select another representative from the listing provided by the Union.
B. In the event the Union representative is asked to attend a meeting with a bargaining unit member during the representative’s regular work performance. An opportunity will day, that representative shall be provided for the disciplined released from his/her District responsibilities without loss of pay.
C. Whenever an employee is called to correct the inappropriate behaviour identified. In cases of severe misconducta meeting to be disciplined, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform its designee shall notify the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the his/her right to have a Union representative present prior to the administration of said discipline. It shall be the responsibility of the employee to be disciplined to secure his/her representative, provided this does not unreasonably delay the disciplinary meeting.
D. Any and all official documents placed in an employee’s personnel file as part of a disciplinary procedure will be provided to the employee and the employee’s representative (if any), at disciplinary meetings with the Boardtime discipline is administered or as soon thereafter as is reasonably possible. If an employee has received only one verbal reprimand during the previous rolling twelve (12) month period, the verbal reprimand will be removed from the employee’s file at the end of the twelfth month, upon the employee’s request, provided there has been no additional employee discipline. Upon the employee’s written request, letters of reprimand will be removed after twenty-four (24) months if the employee has not had any additional discipline during the twenty-four month period.
E. The Board will notify the employee provide Bargaining Unit employees with written notice of investigatory interviews that may result in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting’s discipline. The Union has notice of the investigatory interview will be copied to the Unit Chairperson. Bargaining Unit employees retain the right to have a representative of The Canadian Office decline Union representation in such interviews, and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissedif such representation is declined, the employee shall have Union’s representative will not be present during the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premisesinterview.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor Employees who are to be or may be disciplined are entitled to Union Representation exclusively in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner any disciplinary proceedings consistent with the concept 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 has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of progressive disciplinefederal, 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. Discipline 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 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 "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be employed free to correct improper conduct or poor work performanceuse any discipline issued to the employee regardless of the provisions of this Section. An opportunity will If the County has reason to discipline an employee it shall normally be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing done in a manner that might warrant discipline 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 thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be 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 notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be made aware of relied upon. During the nature of pre-disciplinary meeting the unacceptable behaviour and employee and/or the potential for discipline by Union representative shall be given an opportunity to rebut or clarify the appropriate supervisorcharges which gave rise to the pre-disciplinary meeting. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will The pre-disciplinary meeting shall be factually documented scheduled in a timely manner by manner. In the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveevent, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right Union’s representative or designee does not respond to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance scheduling of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissedsuch hearing, the employee may be disciplined accordingly. The County shall have make every reasonable effort to assign a manager from a different department than the opportunity of interviewing a Union representative department in private for a reasonable period of time before leaving which the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled act that gave rise to the pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of Article 13IV, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days Section 4.13 of the employee's receipt Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of said letterthe Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For
Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismisseda responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the employee written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall have not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity of interviewing a Union representative to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge any disciplinary hearing. Employees shall be treated as a grievance and handled notified in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union writing of any letter of discipline, suspension, pre-action hearing at least two (2) working days (or discharge sent equivalent work hours) prior to a Union member. The Union will be notified within pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the employee's hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will 16.1 Except for those covered employees who may be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the terminated during their probationary period, give them a reasonable time to improve, offer the no covered employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee shall be disciplined except for just cause. The just cause provision shall not apply to the separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
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 discipline shall be documented in writing, and shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the presence the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall have sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to have which the employee may be entitled.
16.4 As set forth in Article 4.5.7, a Union representative present covered employee shall be entitled to Association representation at a disciplinary meetings meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the Boardemployee. The Board will notify CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
16.5 A covered employee in advance who is the subject of a disciplinary meeting 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 identity of the party or parties to perform the investigation, and the employee's right 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 have Union representation at the meetingemployee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The Union has employee shall be informed in writing when the right to have investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, confidential manner. During any investigation the employee shall have 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 opportunity of interviewing a Union representative in private for a reasonable period of time before leaving circumstances surrounding the Board premisesmatter under investigation.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For Section 13.1 The City reserves the purpose right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this article Supervisor Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of a school termination). This principle shall mean not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the initial probationary period, give them which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable time to improve, offer belief that the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveinterview may result in disciplinary action against him or her, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have Employee has the right right, upon request, to have a Union representative present at disciplinary meetings present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at Employee before the meeting. The Union has Employees have the right to have not participate in such a representative of The Canadian Office meeting if management denies union representation and Professional Employees Union present at all disciplinary meetingscontinues to question the Employee.
15.2 When Section 13.4 For minor offenses by an employee Employee, management has been dismisseda responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the employee written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall have not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity of interviewing a Union representative to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge any disciplinary hearing. Employees shall be treated as a grievance and handled notified in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union writing of any letter of discipline, suspension, pre-action hearing at least two (2) working days (or discharge sent equivalent work hours) prior to a Union member. The Union will be notified within pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the employee's hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of said letteran extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer SECTION 1 The right to discipline in a manner consistent belongs to and remains with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline processAuthority. Employees must be aware that potential disciplinary actions will be invoked covered by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee this Agreement shall have the right to have a Union representative present at disciplinary meetings be heard in accordance with the Board. The Board grievance procedure.
SECTION 2 Charges against an employee will notify be called to the employee’s attention, and discipline will be rendered within five (5) of the employee’s workdays after the Authority has completed its investigation, excluding days the employee in advance was absent. An employee may be suspended without pay during an investigation. Internal investigations will be completed within thirty (30) working days unless there are extenuating circumstances, at which time the Union will be notified. If the discipline charges are not sustained, the employee’s record will be cleared of a disciplinary meeting the charges and the employee's right employee will be reimbursed for any lost wages suffered as a result of the discipline.
SECTION 3 When a bargaining unit member is to have Union representation at be disciplined, the meeting. The Union bargaining unit member has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissedrepresentation, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union memberupon request. The Union will be notified within five (5) working days prior to disciplinary hearings.
SECTION 4 The Authority and the Union recognize that job performance at work is a basic part of any employment arrangement and is an essential element of the employer/employee relationship. Occasionally, the level of an employee's receipt ’s work performance may unavoidably and understandably fluctuate; however, repeated deficient performance is indefensible, costly and disruptive to the organization. Accordingly, discipline will be administered to employees in a progressive manner at the Authority’s discretion, as provided for in Article 4, Authority Rights. Deficient performance in any one or combination of said letterwork related categories will result in discipline up to and including termination. Progressive discipline will be administered in the following steps: Step I Written notification Step II Written notification with Union/Management counseling Step III Final written notice with Union/Management counseling Step IV Subject to Termination Before disciplinary action is finalized, all extenuating circumstances and past performance for Steps III and IV will be reviewed and considered. Disciplinary entries are valid up to one year after the date of issue.
Appears in 1 contract
Samples: Labor Agreement
Discipline. For the purpose of this article Supervisor Employees who are to be or may be disciplined are entitled to Union Representation exclusively in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner any disciplinary proceedings consistent with the concept 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 has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of progressive disciplinefederal, 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. Discipline 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 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 "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be employed free to correct improper conduct or poor work performanceuse any discipline issued to the employee regardless of the provisions of this Section. An opportunity will If the County has reason to discipline an employee, it shall normally be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing done in a manner that might warrant discipline 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 thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be 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 notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be made aware of relied upon. During the nature of pre-disciplinary meeting the unacceptable behaviour and employee and/or the potential for discipline by Union representative shall be given an opportunity to rebut or clarify the appropriate supervisorcharges which gave rise to the pre-disciplinary meeting. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will The pre-disciplinary meeting shall be factually documented scheduled in a timely manner by manner. In the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improveevent, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right Union’s representative or designee does not respond to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance scheduling of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissedsuch hearing, the employee may be disciplined accordingly. The County shall have make every reasonable effort to assign a manager from a different department than the opportunity of interviewing a Union representative department in private for a reasonable period of time before leaving which the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled act that gave rise to the pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of Article 13IV, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days Section 4.13 of the employee's receipt Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of said letterthe Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted or laterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose The proceedings for written reprimands, suspensions, demotions and involuntary terminations of this article Supervisor in Article shall consider the case of a school shall mean incident and the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with terms of severity of the concept action, evidence of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware and appropriateness of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisordisciplinary action. Progressive discipline will is defined to include an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The Union 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. The decision to uphold the disciplinary action shall be applied based on the reasonableness of the discipline imposed by the supervisor in cases where response to the misconduct actions taken or performance problem is within the control of not taken by the employee. A disciplinary response is not immediately justified if All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the situation is beyond procedure set forth in this Article and CCFD Rules and Regulations, with the employee's control. The Board has a responsibility to inform the employee decision of the lack of adequate performance and, in internal panel or Arbitrator being final and binding on the case of an parties.
A. No employee who has satisfactorily completed the probationary periodprobation may be given an oral reprimand, give them a reasonable time to improvewritten reprimand, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improvesuspended, the Board may discipline and ultimately dismiss an employee for demoted or terminated without just cause. An Just cause may include, but not be limited to: inefficiency, incompetence, insubordination, habitual or excessive tardiness or absenteeism, abuse of sick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Supervisors and/or Fire Department management shall be required to provide a union representative any time there is reason to believe that disciplinary action equal to or greater than an oral reprimand shall result from any meeting between an employee and their supervisor and/or Fire Department management. Any time an employee believes they are going to receive discipline as a result of a meeting with the supervisor and/or Fire Department management, they may request to have a union representative present. The meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
C. Upon written request of the employee to the Human Resources Director, the employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify review items in their personnel file and provide rebuttal comments to be attached to original documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in advance of question.
D. Upon written request or authorization by an employee involved in a disciplinary meeting and hearing, the employee's right attorney or union representative may obtain data that are necessary from the personnel file of the employee, subject to have Union representation at the meeting. The Union has discipline, in preparation for the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingsStep 1 hearing or Step 2 arbitration.
15.2 E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, during any termination notification process for a new hire employee, a union representative shall be present as a witness.
F. Whenever an incident takes place that may result in disciplinary action, (other than a written reprimand which is subject to appeal as identified in section H, written reprimands) which may include a suspension, demotion or termination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Union shall convene to investigate the incident. During their investigation, the team shall interview all parties involved, and analyze the facts of the incident. When an employee has been dismissedis investigated, they shall be provided with a Union representative, and advised of the purpose, time, date, and site of the interview by the respective management. Upon the conclusion of this process, which must be completed within thirty (30) calendar days, the employee team shall have present its finding(s) to the opportunity Fire Chief for their decision. An incident already reviewed by the Incident Information Advisory Team (IIAT) as outlined in Rule and Regulation 2.14, shall not be eligible for further evaluation by the JIT. The IIAT process shall include notice to the employee, by a supervisor or a Fire Department management employee, of interviewing a their right to Union representative in private for a reasonable period of time before leaving representation during the Board premisesIIAT investigation.
15.3 G. A claim by full time permanent employee who receives an employee oral reprimand, written reprimand or is recommended for unjust suspension suspension, demotion or discharge termination from County service shall be treated as given a grievance and handled in accordance with Article 13written statement, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify documented on an Employee Interview Sheet (EIS), setting forth the Union of any letter of disciplinecharges upon which the proposed oral reprimand, written reprimand, suspension, demotion or discharge sent to a Union membertermination is based. The Union will be notified within five (5) working days statement shall include an identification of the employee's receipt specific charges against the employee and an explanation of said letterthe evidence to include: 1) Specific action or inaction by the employee that led to the proposed disciplinary action; 2) Specific citation to the rule, regulation, procedure, or other Departmental or County rule, regulation or procedure that has been violated; 3) Previous related disciplinary action that the employee has received; 4) Mandatory corrective measures if applicable. The EIS shall provide the opportunity for the employee to respond with written rebuttal to the charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For 00-0 Xxx-Xxxxxxxxxx Related Discipline The District is responsible for managing the purpose of this article Supervisor employee disciplinary process for non- attendance related issues including tardiness (arrive late/leave early). Whenever possible, verbal or written notice should be given to an employee who may be subject to corrective action in the future. Classified employees will be given an opportunity to correct infractions of work rules and/or District policies and /or procedures. The intent of progressive discipline is to provide the employee an opportunity to grow and develop in response to areas that need improvement. A progressive discipline procedure is established to promote uniform and consistent discipline. It should be noted that whenever the action or behavior of an employee is of a serious nature, discipline can start at any level, including termination. In addition, one or more steps of the procedure may be repeated or skipped as circumstances warrant. The procedure for progressive discipline, when applicable, may include the following steps: A written reprimand stating specific deficiencies, indicating timelines for improvement, and advisement of possible future disciplinary action. A plan of improvement may be developed to address identified deficiencies. Evaluation of progress made on the plan of improvement will be completed at an agreed upon time. If the employee does not meet standards identified in the plan of improvement, advisement of possible future disciplinary action will provided. May result in suspension with or without pay, demotion, or both. An employee shall be advised in writing that termination may result if another such infraction occurs. Employee shall be subject to disciplinary action up to and including termination. In case of willful and intentional violation of District policy, failing a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in drug and/or alcohol screening, or conviction of a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconductfelony, the Board may bypass employee shall be subject to immediate termination. All discipline, including termination, is subject to the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw disciplinegrievance procedure. Employees who are behaving or performing involved in a manner that might warrant discipline the disciplinary process will be made aware advised they are entitled to representation and are encouraged to contact the Colorado Classified School Employees Association.
11-2 Attendance Discipline This section of discipline is to be used to address attendance related issues with the nature exception of the unacceptable behaviour and the potential for discipline by the appropriate supervisorusing time in excess of what already been earned. Supervisors (see Article 13-1-5) Employees may use time as provided in Article 13-1. Employees are expected limited to investigate offenses and performance problems fully and conciselya specific number of occurrences as defined below, Article 11-2-1. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem An occurrence is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility an absence without prior leave approval, up to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counselingthree (3) consecutive days. If the individual continues performing inadequately and has had leave is due to illness, a reasonable amount physician’s note may be requested after three (3) consecutive work days are missed. This does not constitute approval, only proof of time off. Consecutive days of absence, due to improveillness, the Board may discipline and ultimately dismiss will be considered a single occurrence. After ninety (90) days without an occurrence an employee for just causewill start anew. An employee shall have the right 11-2-1 Occurrence Discipline Process Step 1 – Three (3) occurrences within a thirty (30) calendar day rolling period, receive verbal warning; Step 2 – Two (2) or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 1, receive first written reprimand; Step 3 – Two (2) or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 2, receive second written reprimand; Step 4 – Two (2) or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 3, Discipline up to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetingsincluding termination.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead . District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The Board has a responsibility to responsibilityto inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present representativepresent at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 . When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 . A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 . The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. For the purpose of this article Supervisor in the case The Employer shall not discipline, suspend without pay, or discharge except for just cause. In any grievance of a school disciplinary action, the burden of proof of just cause lies with the Employer. The Employer agrees that no Employee shall mean be disciplined solely for failure to perform her duties because she is arrested incarcerated provided that the Principal.
15.1 Lakehead District School Board will administer Employee notifies her Supervisor of the situation and the expected duration thereof as soon as reasonably possible. The Employer, however, reserves the right to discipline an Employee for just cause for failure to perform her duties for reasons other than arrest and/or incarceration or for activities which may have been related to or coincident with the arrest and/or incarceration. It is understood that the Employer is not required to pay salary for work not performedduring periods of incarceration outside of the periods provided for in a manner consistent with Article The Employer accepts the concept of progressive discipline and agrees to impose discipline only in accordance with the provisions of this Article. It is understood that discipline shall not include suspension with pay. The fact and substance of disciplinary investigations shall be treated as confidential by the Employer. Notification of Employee of the Possible Imposition of Discipline When the Employer has grounds for discipline, the Employer shall forward a letter of allegation to the Employee within ten working days and shall notify the Employee in writing of the time and place of a meeting to discuss the matter, and shall advise the Employee of her right to Union representation. The date for the meeting as specified in the letter shall be no later than ten working days from the date of the letter. Any unsolicited complaint against an Employee shall be promptly communicated to her with proper confidentiality safeguards, where appropriate, and she shall be informed if an investigation will be conducted. The written formal evaluation recommending discipline pursuant to shall also constitute the letter of allegation as required in After this evaluation has been sent to the Employee, the Employer shall notify the Employee in writing of the time and place of a meeting to discuss the matter and shall advise the Employee of her right to Union representation. The date for the meeting as specified in the letter shall be no later than ten working days from the date of the letter. The Employer shall forward to the Union a copy of letters referred to in and above. to the of Discipline The aim of the meeting referred to in or is to provide the parties involved with an opportunity to exchange information and to resolve the matter informally. If the matter is resolved informally, the resolution shall include an agreement as to which documents shall be amended or removed from the Employee’s Personal File. If the matter is not resolved to the satisfaction of the parties involved, the Employer may proceed to impose discipline. Imposition of Discipline will be employed When the Employer decides to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconductimpose discipline, the Board may bypass Employee and the normal progressive discipline process. Employees must Union shall be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing notified in a manner that might warrant discipline will be made aware writing of the nature of the unacceptable behaviour discipline to be imposed and of the reasons for its imposition prior to the discipline taking effect. The Patties agree that the first discipline imposed may take the form of a letter of reprimand. The Parties agree that the Employer may proceed directly to more severe forms of discipline for very serious actions. The Employer may suspend an Employee with full pay and benefits during its consideration and investigation of serious actions allegedly committed by the Employee. It is understood that such a suspension shall not be a form of discipline, shall not be and shall not affect any right the Employee may have to be considered for other positions. Upon the Employee’s return to work following the suspension, the Employer shall not require the Employee to work more hours than those remaining in her employment contract and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will Employee shall not be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response assigned work that is not immediately justified if in keeping with the situation is beyond schedule of duties as set out in the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance andcontract, in the case instructions given by the Employee’s Supervisor, or in the original schedule of an employee who has completed duties. is further understood that the probationary Employee shall not be responsible for any damages or detrimental consequences suffered by the Employer as a result of the Employee not performing certain duties during the suspension period, give them . No grievance filed while the disciplinary process is unfolding may prevent the disciplinary process from continuing to its end. A grievance against a reasonable time disciplinary measure shall be filed at Step Three of the Grievance Procedure subject to improve, offer Article Any discipline or warning shall not be used against any Employee after a period of twelve (12) months of employment from the employee training opportunities and provide suitable counseling. If date of the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee the pertinent documents shall be removed from the Employee’s Personal File after this time, unless the discipline pertains to a very serious action or unless discipline for just causesimilar conduct has been recorded within twelve (12) months of employment from the date of the discipline. An employee shall have No Employee in a supervisory capacity will invoke the right to have a Union representative present at disciplinary meetings with provisions of the BoardCollective Agreement on any other Employee. The Board will notify the employee Employee in advance of a disciplinary meeting and the employee's right supervisory capacity shall refer all complaints in which discipline may be indicated to have Union representation at the meetingher immediate Supervisor. The Union has the right to have No Employee in a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings.
15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge supervisory capacity shall be treated required to attend the meeting as per and there shall be no recriminations in any form whatsoever when an Employee in a grievance and handled in accordance with Article 13, commencing at 13.2.2supervisory capacity chooses to exercise her right not to attend such a meeting.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within five (5) working days of the employee's receipt of said letter.
Appears in 1 contract
Samples: Collective Agreement
