Disciplinary Procedure 20.01 All employees shall have the following rights:
A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of the exercise of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, the department head may impose the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition of a suspension without pay, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedure.
20.05 The Union on behalf of all the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:
1. the matter is settled, or
2. the employee fails to file a grievance within the time frame provided by this procedure, or
3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or
4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitration.
DISCIPLINARY AND GRIEVANCE PROCEDURES 16.1 The Employee is subject to the Company's disciplinary and grievance procedures, copies of which are available from the Group HR Manager. These procedures do not form part of the Employee's contract of employment.
16.2 If the Employee wants to raise a grievance, he may apply in writing to the CEO in accordance with the Company's grievance procedure.
16.3 If the Employee wishes to appeal against a disciplinary decision, he may apply in writing to the CEO in accordance with the Company's disciplinary procedure.
16.4 The Company may suspend the Employee from any or all of his duties for no longer than is necessary to investigate any disciplinary matter involving the Employee or so long as is otherwise reasonable while any disciplinary procedure against the Employee is outstanding.
16.5 During any period of suspension:
a) the Employee shall continue to receive his basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
b) the Employee shall remain an employee of the Company and bound by the terms of this agreement;
c) the Employee shall ensure that the CEO knows where he will be and how he can be contacted during each working day (except during any periods taken as holiday in the usual way);
d) the Company may exclude the Employee from his place of work or any other premises of the Company; and
e) the Company may require the Employee not to contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company.
GRIEVANCE PROCEDURE 9.1 It is the mutual desire of the Board and the Union that the complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given the Principal, Immediate Supervisor or designate an opportunity to adjust the employee's complaints. It is further understood that an employee who uses avenues other than the Grievance Procedure contained in article 9 to rectify a complaint or grievance may prejudice their complaint or grievance or arbitration procedure.
9.2 An employee who has a complaint must bring that complaint to the attention of the Principal, Immediate Supervisor or designate within ten (10) working days of when the employee became or ought reasonably to have become aware of the circumstances which gave rise to the complaint. The Principal, Immediate Supervisor or designate shall verbally reply to the complaint within ten (10) working days from the presentation of the complaint.
9.3 Failing settlement when an employee has a complaint arising out of the interpretation, application, administration or alleged violation of the terms of the Agreement, the employee or union representative shall reduce the grievance to writing, stating the nature of the grievance, the Article or Articles allegedly violated, the redress sought, sign the grievance, and then, within five (5) working days of the verbal reply to 9.2 above, submit the grievance to the Superintendent responsible for Human Resources or designate, following which the grievance will be processed in the following manner and sequence.
9.4 Within ten (10) working days of receipt of the written grievance, the Superintendent responsible for Human Resources or designate, shall convene a meeting with the Union Grievance Committee and grievor in an effort to resolve the grievance. The Superintendent responsible for Human Resources or designate shall render a decision in writing within ten (10) working days after the meeting.
9.5 In discussing a complaint, the employee shall be allowed time off during working hours (provided this occurs during normal business hours) and shall have Union representation. A National Representative of the Union may be present at the request of the Union.
9.6 The Union recognizes that each Union representative is employed and that he/she will not leave his/her work during working hours except to perform his/her duties under the Collective Agreement. Therefore, no Union representative shall leave his/her work without obtaining the permission of his/her supervisor. Permission shall not be withheld unreasonably.
