Investigation and Discipline. 23.1 No employee will be disciplined or dismissed until the charges against him/her have been investigated; the investigation to be presided over by the employee's superior officers. He/she may, however, be held out of service with pay pending investigation and will be notified of the charges against him/her. Operators in assigned service will be compensated for trips lost and spareboard operators will be compensated at the minimum day for each day held. He/she will be given at least two day’s notice of the investigation. This shall not be construed to mean that the proper officer of the company, who may be on the premises when the cause of investigation occurs, shall be prevented from making an immediate investigation.
23.2 He/she may select a fellow employee to appear with him/her at the investigation and he/she and such fellow employee will have the right to hear all of the evidence submitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have a bearing on his/her responsibility, questions and answers to be recorded. He/she will be furnished with a copy of his/her statement taken at the investigation.
23.3 A decision will be rendered within 28 days from the date investigation is held, and if not satisfied with the decision he/she will have the right to appeal in accordance with the grievance procedure.
23.4 On request, the General Chairman or Local Chairman will be shown all evidence in the case.
23.5 In case the discipline or dismissal is found to be unjust, the employee will be exonerated, reinstated if dismissed, and paid a minimum day for each 24 hours of time held out of service at schedule rates for the class of service in which he/she was last employed.
23.6 When employees are to be disciplined, the discipline will be put into effect within 30 days from the date investigation is held.
23.7 It is understood that the investigation will be held as quickly as possible and the layover time will be used as far as practicable. Employees will not be held out of service pending rendering of decision except in cases of dismissible offences.
Investigation and Discipline. If an employee who is transferred from the employment of a member to the employment of a joint powers entity is under investigation by the member of the entity at the time of the transfer and would be subject to discipline by the member of the entity, the new joint powers entity may discipline the employee for just cause, and the employee's union may file a grievance under the collective bargaining agreement the employee was covered by as an employee of a member of the entity or the new collective bargaining agreement after it is agreed to.
Investigation and Discipline. Should an Employee be the complainant or respondent in an investigation, the Employee shall have the right to have a Union representative present at any meetings involving the Employee. At the conclusion of an investigation, an Employee shall have the right to grieve any disciplinary action imposed by the College in accordance with Article 13: Complaint, Grievance and Arbitration Procedure.
Investigation and Discipline. 27.1 An employee shall not be disciplined or dismissed until after a fair and impartial investigation has been held and the employee's responsibility is established by assessing the evidence produced and the employee will not be required to assume this responsibility in his/her statement.
Investigation and Discipline. No employee will be disciplined or dismissed until the charges against them have been investigated; the investigation to be presided over by the employee's superior officer. They may, however, be held off for investigation not exceeding three days. They will be given 48 hours' notice of the investigation and will be properly notified of the time, place and the charges placed against them. They may select a fellow employee to appear with them at the investigation, and they and such fellow employee will have the right to hear all of the evidence submitted, and will be given an opportunity through the presiding officer to ask questions of witnesses whose evidence may have bearing on their responsibility, questions and answers will be recorded. The Union will be provided an opportunity to reply and/or submit additional evidence for consideration to the proper officer of the Company within 7 days of the investigation. Such information will form part of the investigation record. They will be furnished with a copy of their statement taken at the investigation. The employee will be advised in writing of the decision within 28 days from the date investigation is completed except as otherwise mutually agreed. If not satisfied with the decision they will have the right to appeal in accordance with the grievance procedure.
Investigation and Discipline. Should a Faculty Member be the complainant or respondent in an investigation, the Faculty Member shall have the right to have Union representation at all meetings involving the Faculty Member. At the conclusion of an investigation, a Faculty Member shall have the right to grieve any disciplinary action imposed by the College in accordance with Article 11: Complaint,
Investigation and Discipline. 9.1 (a) Discipline will be based on the following progressive discipline system. Employees with twenty-four (24) months clear of discipline will have all discipline removed from their employment record.
(i) The Company has the right to discipline and discharge for just cause. The company recognizes the value of a good working relationship and that discipline should be instructive and corrective.
(ii) All disciplinary action shall be fully documented laying out the offense that resulted in the discipline, the discipline issues and the consequences of further offenses. The employee must acknowledge, by his signature, that he is aware he has received discipline.
(iii) A shop xxxxxxx shall be present when discipline is issued.
(iv) All discipline shall be placed in the employee's file, with a copy given to the employee and the shop xxxxxxx.
(v) Only written warnings, written reprimands and letters of suspension shall be considered discipline. Verbal warnings shall not be considered discipline.
(vi) The severity of discipline will be determined by the employee's length of service, the employee's work record, previous disciplined offenses of a similar nature, other pervious disciplined offenses, the length of time since a previous disciplined offense, and the seriousness of the offense itself. A serious offense may result in discharge on the first offense.
(vii) All disciplinary action shall be subject to the grievance and arbitration procedures.
9.2 Whenever an employee is to be interviewed by the Company with respect to his work or his conduct, a Union representative will be in attendance. Such interview must be held within seven (7) calendar days from the date the incident became known to the Company, unless otherwise mutually agreed. In the event a Union representative is not reasonably available, a fellow employee, selected by the employee to be interviewed, may be in attendance.
9.3 When an interview is to be held, each employee whose presence is desired will be notified of the time, place, and subject matter of the interview. The employee and the Company shall mutually agree to the time and place of the interview provided that the interview is held as expeditiously as possible. An employee and his representative is entitled to be present during the examination of any witness whose testimony may have a bearing or relation on the employee’s actions or, to read the evidence of such witness, and offer rebuttal thereto. A copy of the written interview or any o...
Investigation and Discipline. 18.1 It is hereby recognized and agreed that the County has the right to discharge, suspend or otherwise discipline a regular employee for just cause, subject to the grievance procedure. For the purposes of this Section, discipline is defined as oral or written warnings, suspension, demotion or discharge. Oral warnings are not subject to the grievance procedure and written warnings may only be appealed through Step 2 of the procedure.
18.2 Newly hired employees shall serve a probationary period of six (6) months, plus any period of unpaid leave occurring during the probationary period. During the term of the probationary period, the County may discipline or discharge an employee at any time, with or without cause, and such discipline or discharge shall not be subject to appeal.
18.3 Employees shall serve a six (6)-month probationary period following promotion. An employee serving a probationary period after a promotion may be returned to his/her former classification for cause. In the event an employee is being returned to his/her former classification under this Section, he/she may bump the least senior employee in that classification in the department, provided the displaced individual has less seniority as defined by this Agreement.
Investigation and Discipline. A. Before a Pilot is discharged, suspended without pay or disciplined, the Pilot shall be notified in writing of the precise charge or charges against him. Written charges may be presented to the Pilot in person or by certified mail (return receipt requested). The Company may suspend a Pilot with pay (based on minimum guarantee) and Company provided benefits, pending the completion of the investigation and due process hearing of the charges against him. In any case, notification to the Pilot must be made within sixty (60) days of the date on which the Company had, or reasonably should have had, knowledge of the event or action upon which the charge or charges are based.
B. A Pilot shall be given the necessary time, not to extend fifteen (15) calendar days from the date he first receives notice of the charges against him, to request and prepare for a due process hearing in front of the Director of Operations, or his designee, and to secure the presence of witnesses. A Pilot shall have the right to be represented by a Company employee of his choice or his duly accredited representative(s) at this hearing.
C. The Director of Operations, or his designee, shall promptly announce his due process hearing decision in writing. If the decision is not satisfactory to the Pilot, it may be appealed to the Chief Operating Officer and, if not satisfactorily resolved by that step, to the System Board of Adjustment in the manner provided in Article 20 of this Agreement.
D. If, as a result of any hearing or appeal, a Pilot is exonerated, the following shall apply:
1. He shall be reinstated without loss of seniority and longevity.
2. He shall be paid for the time lost as if he had flown his schedule or, in the case of Reserve Pilots, in accordance with Article 4.
3. His personnel records shall be cleared of any references to the charges.
Investigation and Discipline. It will be incumbent upon the Railway to proceed with disciplinary assessment within twenty-eight
