Common use of JUST CAUSE AND THE RIGHT TO REPRESENTATION Clause in Contracts

JUST CAUSE AND THE RIGHT TO REPRESENTATION. To assure orderly operations and provide the best possible work environment, all employees are expected to follow rules that will protect the interests and safety of all employees and consumers. The Employer shall have the right to discipline and/or to discharge non- probationary employees for Just Cause. Just Cause shall be defined as legitimate reasons, as defined by employer policies/practice. Communications between supervisors and employees about disciplinary matters shall be respectful and discipline shall be, in general, directed at correcting performance problems. Progressive discipline will not be applied when the nature of the offense is cause for immediate discharge, such as serious misconduct, as defined by employer policies. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. Employees who are discharged will be sent a final paycheck no later than the next scheduled pay-date for the hours worked for that pay-period. This final paycheck will include payment for all hours worked including earned vacation hours. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). The Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance. Employer Investigations and Fact-finding: Prior to issuing a verbal warnings, written reprimand, disciplinary suspension, demotion or termination, the Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action and shall advise the employee of his/her right to request the presence of an Advocate or Union representative in the meeting. If an employee requests the presence of an Advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate or Union representative and employee are available to meet. Advocates may participate by phone, if unavailable in person. The unavailability of an advocate or Union representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action. The employer shall attempt to complete investigations in a timely and efficient manner.

Appears in 4 contracts

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

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JUST CAUSE AND THE RIGHT TO REPRESENTATION. To assure orderly operations and provide the best possible work environment, all employees are expected to follow rules that will protect the interests and safety of all employees and consumersclients. The Employer shall have the right to discipline and/or to discharge non- non-probationary employees for Just Cause. Just Cause shall be defined as to include legitimate reasons, as defined by employer policies/practice. Communications between supervisors and employees about disciplinary matters shall be respectful and discipline shall be, in general, directed at correcting performance problemsbe for the purpose of improving performance. Progressive discipline will not be applied when the nature of the offense is cause for immediate discharge, such as serious misconduct, as defined by employer policies. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of just causeJust Cause. Employees who are discharged will be sent a final paycheck no later than the next scheduled pay-pay date for the hours worked for that pay-pay period. This final paycheck will include payment for all hours worked including earned vacation hours. In the case of any form of discipline less than including termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). The Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her her/their performance. Employer Investigations and Fact-findingFinding: Prior to issuing a verbal warningswarning, written reprimand, disciplinary suspension, demotion or termination, the Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action and shall advise the employee of his/her her/their right to request the presence of an Advocate or Union representative Representative in the meeting. If an employee requests the presence of an Advocate or Union representativeRepresentative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate Advocate or Union representative Representative and employee are available to meet. Advocates or Union Representatives may participate by phonephone or via video conference, if unavailable in person. The unavailability of an advocate Advocate or Union representative Representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action. The employer shall attempt to complete investigations in a timely and efficient manner. In the event the Employer’s investigation takes longer than five (5) business days, the employee will be notified and provided an expected date for the conclusion of the investigation. Employees suspended pending the outcome of an investigation may utilize Paid Time Off (PTO), vacation and/or banked holidays the employee has accrued. In the event the employee is reinstated, the PTO, vacation, and/or banked holidays used by the employee will be fully restored to the employee. If the Employer determines that an unpaid suspension is to be part of the employee’s corrective action and reinstatement, the restoration of hours will not include the unpaid suspension hours.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, seiu775.org

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