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 TTC’s operations and the direction of the working force remains an exclusive Management function. 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 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 TTC for any reason satis- factory to the TTC, 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 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 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 appro- priate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circumstances it is not the TTC’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own depart- mental discipline record. Employees must advise their 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 altered, 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 exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the TTC to keep the need for disciplining employees to a minimum. Violations of rules and regulations shall constitute just cause for disci- xxxxx. Each case shall be dealt with according to the following principles: Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of 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 TTC’s service or such other and lesser form of discipline as the 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. 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 TTC’s operations and the direction of the working force remains an exclusive Management function. 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 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 TTC for any reason satis- factory to the TTC, 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 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 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 appro- priate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circumstances it is not the TTC’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own depart- mental discipline record. Employees must advise their 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 altered, 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 exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the TTC to keep the need for disciplining employees to a minimum. Violations of rules and regulations shall constitute just cause for disci- xxxxx. Each case shall be dealt with according to the following principles: Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of 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 TTC’s service or such other and lesser form of discipline as the 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. 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- xxxxdishones- ty, theft, sleeping on duty or conviction of a criminal offense, causing an accident through carelessness or violation of safety rules and proced- ures 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 in this Agreement, the management, supervision and control of the TTCCommission’s operations and the direction di- rection of the working force remains an exclusive Management functionfunc- 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 transfer 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 TTC Commission for any reason satis- factory satisfactory to the TTCCommission, 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 exer- cise exercise of the above responsibilities of Management be contrary to any of the terms and conditions of this Agreement. In the normal handling of discipline 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 appro- priate appropriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circumstances circum- stances it is not the TTCCommission’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own depart- mental departmental discipline record. Employees must advise their supervisor 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 alteredal- 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 exe- cuted executed by the parties. The Union agrees to exert every effort and to co-operate with the TTC Commission to keep the need for disciplining employees to a minimummini- mum. Violations of rules and regulations shall constitute just cause for disci- xxxxxdiscipline. Each case shall be dealt with according to the following principles: Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of con- duct 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 TTCCommis- sion’s service or such other and lesser form of discipline as the TTC 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. 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 TTC’s operations and the direction of the working force remains an exclusive Management function. 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 transfer employeesemploy- 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 TTC for any reason satis- factory satisfactory to the TTC, 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 exer- cise 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 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 appro- priate ap- propriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circumstances it is not An employee reporting for discipline shall be informed of the TTC’s intention to use bar coding records for disciplinary purposes. Employees maynature of the charge, twice during a calendar year, inspect their own depart- mental the discipline record. Employees must advise their supervisor in writing of their request to inspect their record. The inspection will be arranged at a mutually agreeable time between the employee being imposed and the supervisorbasis of the disci- xxxxx rendered. Should it become desirable for this Agreement to be changed or altered, 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 exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the TTC to keep the need for disciplining employees to a minimum. Violations of rules and regulations shall constitute just cause for disci- xxxxx. Each case shall be dealt with according to the following principles: Employees shall be warned or re-instructed entitled, if necessary. A series of minor cases shall be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of con- duct they request to have union representa- tion with them whenever such employees are 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 transportationto report for discipline. The penalty for serious parties agree that, in cases shall of internal discipline involving bar- gaining unit members, documentation cannot be discharge released to anyone without first obtaining written permission from the TTC’s service or such other affected member in compliance with the Municipal Freedom of Information and lesser form of discipline as the TTC 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. Any discharge imposed among other things for drunkennessUpon request employees may, drinking intoxicants while on duty or on twice during a calendar year, inspect their own Human Resources, Departmental, and Training record(s) at a time suitable to both parties. The TTC property, for working under and the influence Union recognize the value of liquor or drugsprogressive discipline with the purpose of being corrective in application. However, the TTC of graffiti or scratchiti or a xxxxx- tion of human rights if proved reserves the right 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 impose any discipline it deems as outlined appropriate in the Grievance Procedureany particular given circumstance.

Management and Discipline. 6.1 Except as otherwise provided in this Agreement, the managementmanage- ment, supervision and control of the TTC’s operations and the direction of the working force remains an exclusive Management Manage- ment function. . 6.2 This right of Management includes among other things and without restricting the foregoing such functions as: The : a) the right to plan, schedule, direct and control operations; ; b) to study or introduce new or improved methods, equipment equip- ment or facilities; ; c) to maintain or establish new or improved rules and regulations regula- tions covering the operation of the system; ; d) to hire, rehire, promote, demote, assign and lay off and transfer employees; and and e) 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 dis- missed by the TTC for any reason satis- factory satisfactory to the TTC, and the right of a probationary employee to grieve or otherwise other- wise challenge such dismissal shall be only as contained in Article 1, Section 7 the Probationary Period provision of this agreement and no further. . f) In no case shall the exer- cise exercise of the above responsibilities of Management be contrary to any of the terms and conditions condi- tions of this Agreement. . 6.3 In the normal handling of discipline cases, the discipline record of an employee shall not, under normal circumstances, be considered con- sidered 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. . 6.4 Where an employee’s record and/or performance is not satisfactory satis- factory to the supervisor, the details of the case will be reviewed re- viewed with the appro- priate appropriate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal The TTC will provide the Union President or designate rea- sonable advanced notice in the circumstances it is not of a disciplinary meeting to be held with an employee. 6.5 An employee reporting for discipline shall be informed of the TTC’s intention to use bar coding records for nature of the charge, the discipline being imposed and the basis of the discipline rendered. 6.6 When a disciplinary purposes. Employees mayreport on any employee has been record- ed in writing, twice during a calendar year, inspect their own depart- mental discipline record. Employees must advise their supervisor in writing of their request to inspect their record. The inspection one (1) copy will be arranged at a mutually agreeable time between placed in the employee’s corporate human resources file, one (1) copy will be placed in the local manager’s file, one (1) copy will be provided to the employee and the supervisor. Should it become desirable for this Agreement to one (1) copy will be changed or altered, 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 exe- cuted by the parties. The Union agrees to exert every effort and to co-operate with the TTC to keep the need for disciplining employees to a minimum. Violations of rules and regulations shall constitute just cause for disci- xxxxx. Each case shall be dealt with according forwarded to the following principles: Union President by e-mail. 6.7 Employees shall be warned or re-instructed entitled, if necessary. A series they request to have Union rep- resentation with them whenever such employees are required to report for discipline. 6.8 The Parties agree that, in cases of minor cases shall internal discipline involving Bargaining Unit members, documentation cannot be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of con- duct required in the operation of the service, serious cases shall include among other things released to 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 TTC’s service or such other affected member in compliance with the Municipal Freedom of Information and lesser form of discipline as the TTC may impose. However, should a regular Protection Act (“MFIPPA”). 6.9 Should an employee be discharged and the dismissal be confirmed con- firmed 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 21. Notice of such appeal must be made in writing within four five (5) working days of the date of confirmation of such discharge. 6.10 Upon request employees may, twice during a calendar year, in- spect their own Human Resources, Departmental, and Training record(s) at a time suitable to both Parties. 6.11 The TTC and the Union recognize the value of progressive discipline with the purpose of being corrective in application. 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 drugsHowever, the TTC reserves the right to impose any discipline it deems as appropriate in any particular given circumstance. 6.12 Employees will be given an opportunity to add their comments and to sign Employee Progress Appraisal forms. A copy of graffiti or scratchiti or a xxxxx- tion of human rights if proved completed forms will be provided 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 Procedureemployees.

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 TTC’s operations Agreement and the direction Ontario Labour Relations Act. 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 function. 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 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 TTC for any reason satis- factory one copy to the TTC, 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 exer- cise 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 discipline 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 appro- priate Union representative in advance of disciplinary action being taken for the above stated reasons. Under normal circumstances it is not the TTC’s intention to use bar coding records for disciplinary purposes. Employees may, twice during a calendar year, inspect their own depart- mental discipline record. Employees must advise their 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 altered, 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 exe- cuted by the partiesworking. The Union agrees to exert every effort and to co-operate with the TTC Commission to keep the need for disciplining employees to a minimummini- mum. Violations Violation of rules and regulations shall constitute just cause for disci- xxxxxdis- cipline up to and including discharge. Each case shall be dealt with according to the following principles: Employees shall be warned or re-instructed if necessary. A series of minor cases shall be considered a serious case. Bearing in mind the safety, convenience, courtesy and standard of con- duct 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 TTC’s service or such other and lesser form of discipline as the TTC 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 discharge. 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 Proceduredis- charge.