Common use of Management and Discipline Clause in Contracts

Management and Discipline. Except as otherwise provided in this Agreement, the management, supervision and control of the Commission’s operations and the di- rection of the working force remains an exclusive Management func- tion. This right of Management includes among other things and without restricting the foregoing such functions as: The right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved rules and regulations covering the operation of the system; to hire, rehire, promote, demote, assign and lay off and trans- fer employees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed their probationary period may be dismissed by the Commission for any reason satisfactory to the Commission, and the right of a probationary employee to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 of this agreement and no further. In no case shall the exercise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreement. In the normal handling of disci- xxxxx cases, the discipline record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two to five years will only be relied on when the alleged misconduct would not fall within normal circumstances. All discipline records will not be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances it is not the Commission’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own departmental discipline record. Employees must advise their supervi- sor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement to be changed or al- tered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed by the parties. The Union agrees to exert every effort and to co-operate with the Commission to keep the need for disciplining employees to a mini- mum. Violations of rules and regulations shall constitute just cause for discipline. Each case shall be dealt with according to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct required in the operation of the service, serious cases shall include among other things without restricting the generality of the foregoing, destruction of property, habitually reporting late, causing an accident through carelessness or neglect, gross negligence of any kind, absence without leave, or abusing privilege of employee’s free transportation. The penalty for serious cases shall be discharge from the Commis- sion’s service or such other and lesser form of discipline as the Commission may impose. However, should a regular employee be discharged and the dismissal be confirmed under this Section and the Union consider that it was for insufficient cause, then the Union may present the case as a grievance commencing with Step 2. Notice of such appeal must be made in writing within four working days of the date of confirmation of such discharge.

Management and Discipline. Except as otherwise provided in this Agreement, the management, supervision and control of the CommissionTTC’s operations and the di- rection direction of the working force remains an exclusive Management func- tionfunction. This right of Management includes among other things and without restricting the foregoing such functions as: The right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved rules and regulations covering the operation of the system; to hire, rehire, promote, demote, assign and lay off and trans- fer transfer employees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed their probationary period may be dismissed by the Commission TTC for any reason satisfactory satis- factory to the CommissionTTC, and the right of a probationary employee to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 of this agreement and no further. In no case shall the exercise exer- cise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreement. In the normal handling of disci- xxxxx discipline cases, the discipline record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two to five years will only be relied on when the alleged misconduct would not fall within normal circumstances. All discipline records will not be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate appro- priate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances circumstances it is not the CommissionTTC’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own departmental depart- mental discipline record. Employees must advise their supervi- sor supervisor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement to be changed or al- teredaltered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the Commission TTC to keep the need for disciplining employees to a mini- mumminimum. Violations of rules and regulations shall constitute just cause for disciplinedisci- xxxxx. Each case shall be dealt with according to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct con- duct required in the operation of the service, serious cases shall include among other things without restricting the generality of the foregoing, destruction of property, habitually reporting late, causing an accident through carelessness or neglect, gross negligence of any kind, absence without leave, or abusing privilege of employee’s free transportation. The penalty for serious cases shall be discharge from the Commis- sionTTC’s service or such other and lesser form of discipline as the Commission TTC may impose. However, should a regular employee be discharged and the dismissal be confirmed under this Section and the Union consider that it was for insufficient cause, then the Union may present the case as a grievance commencing with Step 2. Notice of such appeal must be made in writing within four working days of the date of confirmation of such discharge. Major Cases Any discharge imposed among other things for drunkenness, drinking intoxicants while on duty or on TTC property, for working under the influence of liquor or drugs, the TTC of graffiti or scratchiti or a xxxxx- tion of human rights if proved to the satisfaction of representatives of the Union and the TTC shall not be subject to appeal beyond Step 4 of the Grievance Procedure. Any discharge imposed among other things for breach of trust, xxxxxx- xxxx, theft, sleeping on duty or conviction of a criminal offense, causing an accident through carelessness or violation of safety rules and proced- ures if proved to the satisfaction of representatives of the Union and the TTC shall be subject to appeal as outlined in the Grievance Procedure.

Management and Discipline. Except as otherwise provided in this Agreement, the management, supervision and control of the CommissionTTC’s operations and the di- rection direction of the working force remains an exclusive Management func- tionfunction. This right of Management includes among other things and without restricting the foregoing such functions as: The right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved rules and regulations covering the operation of the system; to hire, rehire, promote, demote, assign and lay off and trans- fer transfer employees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed their probationary period may be dismissed by the Commission TTC for any reason satisfactory satis- factory to the CommissionTTC, and the right of a probationary employee to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 of this agreement and no further. In no case shall the exercise exer- cise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreement. In the normal handling of disci- xxxxx discipline cases, the discipline record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two to five years will only be relied on when the alleged misconduct would not fall within normal circumstances. All discipline records will not be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate appro- priate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances circumstances it is not the CommissionTTC’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own departmental depart- mental discipline record. Employees must advise their supervi- sor supervisor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement to be changed or al- teredaltered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the Commission TTC to keep the need for disciplining employees to a mini- mumminimum. Violations of rules and regulations shall constitute just cause for disciplinedisci- xxxxx. Each case shall be dealt with according to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct con- duct required in the operation of the service, serious cases shall include among other things without restricting the generality of the foregoing, destruction of property, habitually reporting late, causing an accident through carelessness or neglect, gross negligence of any kind, absence without leave, or abusing privilege of employee’s free transportation. The penalty for serious cases shall be discharge from the Commis- sionTTC’s service or such other and lesser form of discipline as the Commission TTC may impose. However, should a regular employee be discharged and the dismissal be confirmed under this Section and the Union consider that it was for insufficient cause, then the Union may present the case as a grievance commencing with Step 2. Notice of such appeal must be made in writing within four working days of the date of confirmation of such discharge. Major Cases Any discharge imposed among other things for drunkenness, drinking intoxicants while on duty or on TTC property, for working under the influence of liquor or drugs, the TTC of graffiti or scratchiti or a xxxxx- tion of human rights if proved to the satisfaction of representatives of the Union and the TTC shall not be subject to appeal beyond Step 4 of the Grievance Procedure. Any discharge imposed among other things for breach of trust, dishones- ty, theft, sleeping on duty or conviction of a criminal offense, causing an accident through carelessness or violation of safety rules and procedures if proved to the satisfaction of representatives of the Union and the TTC shall be subject to appeal as outlined in the Grievance Procedure.

Management and Discipline. Except as otherwise provided The Management shall acquaint the Union in advance of any impor- tant contemplated action which affects employees covered by this Agreement. Where an employee’s general record and/or general performance is not satisfactory to the Foreperson, Senior Foreperson, Superintendent or Head, Rail Shops, the details of the case will be reviewed with the appropriate Union representative in advance of disciplinary action being taken for the above-stated reasons. Should employees covered by this Agreement take any action which is contrary to the Ontario Labour Relations Act or to this Agreement, the management, supervision Officers of Lodge 235 agree to make every sincere effort within their power to persuade or to instruct its defaulting members to return to work as usual and control cease violation of the Commission’s operations Agreement and the di- rection Ontario Labour Relations Act. Administration of Discipline Foreperson, Senior Foreperson, Superintendent and/or Head, Rail Shops when correcting employees for misdemeanours shall confine themselves to the pertinent facts which relate to the employee’s performance of duties at the time. An employee reporting for discipline shall be informed of the working force remains an exclusive Management func- tion. This right of Management includes among other things and without restricting the foregoing such functions as: The right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved rules and regulations covering the operation nature of the system; to hirecharge and the basis of the discipline rendered shall be the facts of the case and not unsubstantiated personal opinion. When a disciplinary report on any member of Lodge 235 has been recorded in writing, rehireone copy will be placed in the employee’s file, promote, demote, assign and lay off and trans- fer employees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed their probationary period may be dismissed by the Commission for any reason satisfactory one copy to the Commission, employee and one copy forwarded to the right Union Office. Previous offenses unless the employee was informed of a probationary employee them shall not be considered when rendering discipline and where such infor- mation has been given such previous offenses shall not be taken into consideration except so far as they relate to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 of this agreement and no further. In no case shall the exercise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreementoffense under review. In the normal handling of disci- xxxxx disciplinary cases, the discipline record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two years prior to the preceding five years shall be destroyed. The Commission agrees that when an employee is required to report to the Superintendent, Head, Rail Shops or the General Superinten- dent the case shall be decided with the least possible delay so any financial loss will only be relied on minimized and, if possible, at a time when the alleged misconduct employee would not fall within normal circumstances. All discipline records will not otherwise be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances it is not the Commission’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own departmental discipline record. Employees must advise their supervi- sor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement to be changed or al- tered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed by the partiesworking. The Union agrees to exert every effort and to co-operate with the Commission to keep the need for disciplining employees to a mini- mum. Violations Violation of rules and regulations shall constitute just cause for disciplinedis- cipline up to and including discharge. Each case shall be dealt with according to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct required in the operation of the service, serious cases shall include among other things without restricting the generality of the foregoing, destruction of property, habitually reporting latelate or ha- bitually gambling, falsifying time records, causing an accident through carelessness or neglect, proneness to accident, using profan- ity, gross negligence of any kind, absence without leave, leave or abusing privilege of employee’s employees’ free transportation. The penalty for serious cases shall be discharge from the Commis- sion’s service or such other and lesser form of discipline as the Commission may impose. However, should Should a regular employee be discharged disciplined up to and including dis- charge and the dismissal be discipline confirmed under this Section Clause and the Union consider that it was for insufficient cause, then the Union may present pre- sent the case as a grievance commencing with Step 2. Notice of such appeal must be made in writing on the prescribed grievance form within four working days of the date of confirmation of such dischargedis- charge.

Management and Discipline. Except as otherwise provided in this Agreement, the management, supervision and control of the CommissionTTC’s operations and the di- rection direction of the working force remains an exclusive Management func- tionfunction. This right of Management includes among other things and without restricting re- stricting the foregoing such functions as: The the right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved im- proved rules and regulations covering the operation of the system; to hire, rehire, promote, demote, assign and lay off and trans- fer employeestransfer employ- ees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed com- pleted their probationary period may be dismissed by the Commission TTC for any reason satisfactory to the CommissionTTC, and the right of a probationary employee em- ployee to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 the Probationary Period provision of this agreement and no further. In no case shall the exercise of the above responsibilities responsibil- ities of Management be contrary to any of the terms and conditions of this Agreement. In the normal handling of disci- xxxxx discipline cases, the discipline disci- xxxxx record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two to five years will only be relied on when the alleged misconduct would not fall within normal circumstances. All discipline records will not be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate ap- propriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances it is not An employee reporting for discipline shall be informed of the Commission’s intention to use bar coding records for disciplinary purposesnature of the charge, the discipline being imposed and the basis of the disci- xxxxx rendered. Employees mayshall be entitled, twice during a calendar year, inspect their own departmental discipline record. Employees must advise their supervi- sor in writing of their if they request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement have union representa- tion with them whenever such employees are required to be changed or al- tered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed by the parties. The Union agrees to exert every effort and to co-operate with the Commission to keep the need for disciplining employees to a mini- mum. Violations of rules and regulations shall constitute just cause report for discipline. Each case shall The parties agree that, in cases of internal discipline involving bar- gaining unit members, documentation cannot be dealt with according released to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct required in the operation of the service, serious cases shall include among other things anyone without restricting the generality of the foregoing, destruction of property, habitually reporting late, causing an accident through carelessness or neglect, gross negligence of any kind, absence without leave, or abusing privilege of employee’s free transportation. The penalty for serious cases shall be discharge first obtaining written permission from the Commis- sion’s service or such other affected member in compliance with the Municipal Freedom of Information and lesser form of discipline as the Commission may imposePro- tection Act (“MFIPPA”). However, should a regular Should an employee be discharged and the dismissal be confirmed under this Section and the Union consider that it was for insufficient cause, then the Union may present the case as a grievance commencing commen- cing with Step 21. Notice of such appeal must be made in writing within four with- in five (5) working days of the date of confirmation of such discharge. Upon request employees may, twice during a calendar year, inspect their own Human Resources, Departmental, and Training record(s) at a time suitable to both parties. The TTC and the Union recognize the value of progressive discipline with the purpose of being corrective in application. However, the TTC reserves the right to impose any discipline it deems as appropriate in any particular given circumstance.

Management and Discipline. Except as otherwise provided The Management shall acquaint the Union in advance of any impor- tant contemplated action which affects employees covered by this Agreement. Where an employee’s general record and/or general performance is not satisfactory to the Foreperson, Senior Foreperson, Superintendent or Head, Rail Shops, the details of the case will be reviewed with the appropriate Union representative in advance of disciplinary action being taken for the above-stated reasons. Should employees covered by this Agreement take any action which is contrary to the Ontario Labour Relations Act or to this Agreement, the management, supervision Officers of Lodge 235 agree to make every sincere effort within their power to persuade or to instruct its defaulting members to return to work as usual and control cease violation of the Commission’s operations Agreement and the di- rection Ontario Labour Relations Act. Administration of Discipline Xxxxxxxxxx, Senior Foreperson, Superintendent and/or Head, Rail Shops when correcting employees for misdemeanours shall confine themselves to the pertinent facts which relate to the employee’s performance of duties at the time. An employee reporting for discipline shall be informed of the working force remains an exclusive Management func- tion. This right of Management includes among other things and without restricting the foregoing such functions as: The right to plan, schedule, direct and control operations; to study or introduce new or improved methods, equipment or facilities; to maintain or establish new or improved rules and regulations covering the operation nature of the system; to hirecharge and the basis of the discipline rendered shall be the facts of the case and not unsubstantiated personal opinion. When a disciplinary report on any member of Lodge 235 has been recorded in writing, rehireone copy will be placed in the employee’s file, promote, demote, assign and lay off and trans- fer employees; and to discharge, suspend, or otherwise discipline employees for just cause, provided that newly hired employees who have not completed their probationary period may be dismissed by the Commission for any reason satisfactory one copy to the Commission, employee and one copy forwarded to the right Union Office. Previous offenses unless the employee was informed of a probationary employee them shall not be considered when rendering discipline and where such infor- xxxxxx has been given such previous offenses shall not be taken into consideration except so far as they relate to grieve or otherwise challenge such dismissal shall be only as contained in Article 1, Section 7 of this agreement and no further. In no case shall the exercise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreementoffense under review. In the normal handling of disci- xxxxx disciplinary cases, the discipline record of an employee shall not, under normal circumstances, be considered beyond the previous two years. All disciplinary records for any period between two years prior to the preceding five years shall be destroyed. The Commission agrees that when an employee is required to report to the Superintendent, Head, Rail Shops or the General Superinten- dent the case shall be decided with the least possible delay so any financial loss will only be relied on minimized and, if possible, at a time when the alleged misconduct employee would not fall within normal circumstances. All discipline records will not otherwise be retained after such period as prescribed by law. Where an employee’s record and/or performance is not satisfactory to the supervisor, the details of the case will be reviewed with the appropriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circum- stances it is not the Commission’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own departmental discipline record. Employees must advise their supervi- sor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee and the supervisor. Should it become desirable for this Agreement to be changed or al- tered, the parties to this Agreement may mutually agree to amend the Agreement. Any changes or alterations should take effect not earlier than the date that the amendment has been reduced to writing and executed by the partiesworking. The Union agrees to exert every effort and to co-operate with the Commission to keep the need for disciplining employees to a mini- mum. Violations Violation of rules and regulations shall constitute just cause for disciplinedis- cipline up to and including discharge. Each case shall be dealt with according to the following principles: Minor Cases Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Serious Cases Bearing in mind the safety, convenience, courtesy and standard of conduct required in the operation of the service, serious cases shall include among other things without restricting the generality of the foregoing, destruction of property, habitually reporting latelate or ha- bitually gambling, falsifying time records, causing an accident through carelessness or neglect, proneness to accident, using profan- ity, gross negligence of any kind, absence without leave, leave or abusing privilege of employee’s employees’ free transportation. The penalty for serious cases shall be discharge from the Commis- sion’s service or such other and lesser form of discipline as the Commission may impose. However, should Should a regular employee be discharged disciplined up to and including dis- charge and the dismissal be discipline confirmed under this Section Clause and the Union consider that it was for insufficient cause, then the Union may present pre- sent the case as a grievance commencing with Step 2. Notice of such appeal must be made in writing on the prescribed grievance form within four working days of the date of confirmation of such dischargedis- charge.