Common use of Employee Investigations Clause in Contracts

Employee Investigations. ‌ 26.01 Minor incidents may be handled without the necessity of a formal investigation. Such incidents will be reviewed as quickly as possible by the proper officer of the Company with the employee concerned. Note: See Appendix H 26.02 For other than minor incidents, employees will not be disciplined, suspended or discharged without just cause and without having had a fair and impartial investigative hearing where the employee’s responsibility is established. 26.03 The Company shall notify employees in writing of incidents for which they are to be investigated. Such notice will summarize the nature of the incident, provide the time, dates and location of such incident, and indicate the scheduled time, date and location of the hearing. The notice will also make reference to the employee's right to representation as set out in this Article. This notice will be provided not less than 72- hours in advance of the investigation. A copy of this written notice will also be provided to the Local Chairperson(s) of the Union. 26.04 Investigations will be held within fourteen (14) calendar days, or as soon as practicable, from the date of the incident(s) or knowledge of the incident. If desired, employees will be allowed an accredited representative of the Union or a coworker. Hearings will not include representation from legal counsel of either party. 26.05 Employees will not be held out of service pending the investigative hearing, providing they are not accused of a violation of a federal or provincial statute or regulation, endangering his or her safety or the safety of other employees or the public or other incidents of a serious nature. Employees who have been held out of service and who are exonerated shall be paid for all regular assigned hours and earnings lost for the period held out. 26.06 The Investigating Officer shall conduct the hearing and only the Investigating Officer and the employee's Union Representative or co-worker may examine witnesses present at the hearing. Copies of all documents utilized during the hearing will be provided to the employee and the Union Representative. Computer downloads that are used in determining employee responsibility will be made available to the employee and his or her representative before the commencement of a disciplinary investigation. Both the Company and the employee or Union will provide one another with a list of witnesses they intend to call at the hearing not less than twenty-four (24) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and the Company. 26.07 A decision will be rendered in writing to the employee and the appropriate Local Chairperson of the Union not later than twenty-one (21) calendar days from the completion of the investigation; otherwise, the Company will forfeit their right to assess discipline. Employees will not be held out of service pending rendering of a decision except in cases of those specified in Article 26.05. 26.08 If the employee disagrees with the Company's assessment of discipline rendered as a result of the investigative hearing, the employee or the Union may initiate an appeal of the decision through the Union commencing at Step 2 of the grievance procedure in accordance with Article 27. 26.09 Appeals concerning the discharge of an employee will commence at Step 2 of the grievance procedure in accordance with Article 27. 26.10 Employees who have been on duty in excess of eight (8) hours will not be required to attend a hearing without having a minimum twelve (12) hours off prior to the commencement time of the investigation providing this does not result in undue delay to the investigative process. 26.11 Employees who are taken out of service en route or at the away from home station pending a Company Investigation and no responsibility is attached to them (i.e., not subject to discipline) will be compensated for deadheading to the home station. The provisions of this Article shall not result in duplicate payments.

Employee Investigations. ‌ 26.01 Minor incidents may be handled without 1. The District will reserve the necessity right to investigate allegations of a formal investigation. Such incidents employee misconduct in accordance with the procedures set forth by the District. 1.1 Anonymous complaints that are considered serious will be reviewed as quickly as possible investigated by the proper officer of the Company with the employee concernedDistrict 1.1.1. Note: See Appendix H 26.02 For other than minor incidentsThe supervisor, employees will not be disciplinedupon determining through investigation, suspended or discharged without just cause and without having had a fair and impartial investigative hearing where the employee’s responsibility is established. 26.03 The Company shall notify employees in writing of incidents for which they are to be investigated. Such notice will summarize that the nature of the incidentcomplaint warrants a conference with the employee, provide will notify the time, dates and location of such incident, and indicate the scheduled time, date and location employee of the hearingneed for a conference and the nature of the conference. 1.1.2. The notice supervisor will also make reference to the employee's right to representation as set out in this Article. This notice will be provided not less than 72- hours in advance of the investigation. A copy of this written notice will also be provided to the Local Chairperson(s) of the Union. 26.04 Investigations will be held within fourteen (14) calendar days, or as soon as practicable, from the date of the incident(s) or knowledge of the incident. If desired, employees will be allowed an accredited representative of the Union or a coworker. Hearings will not include representation from legal counsel of either party. 26.05 Employees will not be held out of service pending the investigative hearing, providing they are not accused of a violation of a federal or provincial statute or regulation, endangering his or her safety or the safety of other employees or the public or other incidents of a serious nature. Employees who have been held out of service and who are exonerated shall be paid for all regular assigned hours and earnings lost for the period held out. 26.06 The Investigating Officer shall conduct the hearing and only the Investigating Officer and the employee's Union Representative or co-worker may examine witnesses present at the hearing. Copies of all documents utilized during the hearing will be provided to give the employee and the Union Representative. Computer downloads that are used in determining employee responsibility will be made available to the employee and his or her representative before the commencement of a disciplinary investigation. Both the Company and the employee or Union will provide one another with a list of witnesses they intend to call at the hearing not less than least twenty-four (24) hours ), hours’ notice to provide the employee an opportunity to arrange to have her/his Federation representative present, if the employee requests it. The representative may be present but shall not participate in advance of the hearinginvestigation. These time limitations However, the representative may only be changed by mutual agreement between recess or end the Union and the Companymeeting at any time. 26.07 A decision will 1.2 An employee may be rendered in writing to placed on administrative leave of absence with pay during the investigation. While on leave, the employee will receive regular pay and all benefits to which the appropriate Local Chairperson of the Union not later than twenty-one (21) calendar days from the employee was entitled while on active service. Upon completion of the investigation; otherwise, if termination is recommended, the Company school Personnel Statute will forfeit their right to assess discipline. Employees will not be held out of service pending rendering of a decision except in cases of those specified in Article 26.05followed. 26.08 1.3 During the pending of an investigation, no documentation related to the matter under investigation will be placed in the employee’s personnel file. If an investigation does not produce evidence of misconduct, the employee disagrees with the Company's assessment of discipline rendered may request and will be provided documentation to that effect 1.4 An investigation will be conducted as a result of the investigative hearing, quickly as possible. Reasonable requests by the employee or the Union may initiate employee’s Federation representative for status reports on the investigation will be granted. 1.5 Once cause has been established, an appeal employee under investigation will be allowed to be represented by a Federation representative at all levels of the decision through the Union commencing at Step 2 of the grievance procedure in accordance with Article 27. 26.09 Appeals concerning the discharge of an investigation. An employee will commence at Step 2 of the grievance procedure in accordance with Article 27. 26.10 Employees who have been on duty in excess of eight (8) hours will not be required forced to attend make a hearing without having statement under threat of disciplinary action which might incriminate the employee for a minimum twelve (12) hours off prior criminal act. The employee’s refusal to make a statement does not/will not preclude the commencement time of the investigation providing this does not result in undue delay to the investigative processDistrict from taking disciplinary action, if appropriate. 26.11 Employees who are taken out of service en route or 1.6 Should the employee return to work, the employee’s supervisor will schedule a re-entry meeting with the employee. The meeting will take place no later than one (1) day following the employee’s return to work. The meeting’s purpose will be an attempt to facilitate the employee’s return to work in a manner which will permit the employee to work in an atmosphere that is as normal as possible. 1.6.1 The employee, upon request, may be represented at the away from home station pending re-entry meeting by a Company Investigation Federation representative. 1.7 A student who maliciously and no responsibility is attached to them (i.e., not subject to discipline) dishonestly accuses an employee of misconduct will be compensated processed for deadheading to the home stationdisciplinary action. The provisions Any employee who maliciously and dishonestly accuses another employee, a student, or an administrator of this Article shall not result in duplicate paymentsmisconduct will be processed for disciplinary action.

Employee Investigations. ‌ 26.01 Minor incidents may be handled without the necessity of a formal investigation. Such incidents will be reviewed as quickly as possible by the proper officer of the Company with the employee concerned. Note: See Appendix H 26.02 For other than minor incidents, employees will not be disciplined, suspended or discharged without just cause and without having had a fair and impartial investigative hearing where the employee’s responsibility is established. 26.03 The Company shall notify employees in writing of incidents for which they are to be investigated. Such notice will summarize the nature of the incident, provide the time, dates and location of such incident, and indicate the scheduled time, date and location of the hearing. The notice will also make reference to the employee's right to representation as set out in this Article. This notice will be provided not less than 72- 72-hours in advance of the investigation. A copy of this written notice will also be provided to the Local Chairperson(s) of the Union. 26.04 Investigations will be held within fourteen (14) calendar days, or as soon as practicable, from the date of the incident(s) or knowledge of the incident. If desired, employees will be allowed an accredited representative of the Union or a coworker. Hearings will not include representation from legal counsel of either party. 26.05 Employees will not be held out of service pending the investigative hearing, providing they are not accused of a violation of a federal or provincial statute or regulation, endangering his or her safety or the safety of other employees or the public or other incidents of a serious nature. Employees who have been held out of service and who are exonerated shall be paid for all regular assigned hours and earnings lost for the period held out. 26.06 The Investigating Officer shall conduct the hearing and only the Investigating Officer and the employee's Union Representative or co-worker may examine witnesses present at the hearing. Copies of all documents utilized during the hearing will be provided to the employee and the Union Representative. Computer downloads that are used in determining employee responsibility will be made available to the employee and his or her representative before the commencement of a disciplinary investigation. Both the Company and the employee or Union will provide one another with a list of witnesses they intend to call at the hearing not less than twenty-twenty- four (24) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and the Company. 26.07 A decision will be rendered in writing to the employee and the appropriate Local Chairperson of the Union not later than twenty-one (21) calendar days from the completion of the investigation; otherwise, the Company will forfeit their right to assess discipline. Employees will not be held out of service pending rendering of a decision except in cases of those specified in Article 26.05. 26.08 If the employee disagrees with the Company's assessment of discipline rendered as a result of the investigative hearing, the employee or the Union may initiate an appeal of the decision through the Union commencing at Step 2 of the grievance procedure in accordance with Article 27. 26.09 Appeals concerning the discharge of an employee will commence at Step 2 of the grievance procedure in accordance with Article 27. 26.10 Employees who have been on duty in excess of eight (8) hours will not be required to attend a hearing without having a minimum twelve (12) hours off prior to the commencement time of the investigation providing this does not result in undue delay to the investigative process. 26.11 Employees who are taken out of service en route or at the away from home station pending a Company Investigation and no responsibility is attached to them (i.e., not subject to discipline) will be compensated for deadheading to the home station. The provisions of this Article shall not result in duplicate payments.

Employee Investigations. ‌ 26.01 Minor incidents may be handled without the necessity of a formal investigation. Such incidents will be reviewed as quickly as possible by the proper officer of the Company with the employee concerned. Note: See Appendix H 26.02 For other than minor incidents, employees will not be disciplined, suspended or discharged without just cause and without having had a fair and impartial investigative hearing where the employee’s responsibility is established. 26.03 The Company shall notify employees in writing of incidents for which they are to be investigated. Such notice will summarize the nature of the incident, provide the time, dates and location of such incident, and indicate the scheduled time, date and location of the hearing. The notice will also make reference to the employee's right to representation as set out in this Article. This notice will be provided not less than 72- hours in advance of the investigation. A copy of this written notice will also be provided to the Local Chairperson(s) of the Union. 26.04 Investigations will be held within fourteen (14) calendar days, or as soon as practicable, from the date of the incident(s) or knowledge of the incident. If desired, employees will be allowed an accredited representative of the Union or a coworker. Hearings will not include representation from legal counsel of either party. 26.05 Employees will not be held out of service pending the investigative hearing, providing they are not accused of a violation of a federal or provincial statute or regulation, endangering his or her safety or the safety of other employees or the public or other incidents of a serious nature. Employees who have been held out of service and who are exonerated shall be paid for all regular assigned hours and earnings lost for the period held out. 26.06 The Investigating Officer shall conduct the hearing and only the Investigating Officer and the employee's Union Representative or co-worker may examine witnesses present at the hearing. Copies of all documents utilized during the hearing will be provided to the employee and the Union Representative. Computer downloads that are used in determining employee responsibility will be made available to the employee and his or her representative before the commencement of a disciplinary investigation. Both the Company and the employee or Union will provide one another with a list of witnesses they intend to call at the hearing not less than twenty-four (24) hours in advance of the hearing. These time limitations may only be changed by mutual agreement between the Union and the Company. 26.07 A decision will be rendered in writing to the employee and the appropriate Local Chairperson of the Union not later than twenty-one (21) calendar days from the completion of the investigation; otherwise, the Company will forfeit their right to assess discipline. Employees will not be held out of service pending rendering of a decision except in cases of those specified in Article 26.05. 26.08 If the employee disagrees with the Company's assessment of discipline rendered as a result of the investigative hearing, the employee or the Union may initiate an appeal of the decision through the Union commencing at Step 2 of the grievance procedure in accordance with Article 27. 26.09 Appeals concerning the discharge of an employee will commence at Step 2 of the grievance procedure in accordance with Article 27. 26.10 Employees who have been on duty in excess of eight (8) hours will not be required to attend a hearing without having a minimum twelve (12) hours off prior to the commencement time of the investigation providing this does not result in undue delay to the investigative process. 26.11 Employees who are taken out of service en route or at the away from home station pending a Company Investigation and no responsibility is attached to them (i.e., not subject to discipline) will be compensated for deadheading to the home station. The provisions of this Article shall not result in duplicate payments.