Common use of PROBATIONARY CONSTABLES Clause in Contracts

PROBATIONARY CONSTABLES. 1. Where a recommendation is made to dispense with the services of a Probationary Constable during his/her probationary period as defined in the Police Services Act, the following procedure shall be used: (a) The recommendation shall be discussed with the Probationary Constable and he/she shall be given seventy-two hours (exclusive of Saturday or Sunday) during which time he/she may confer with an Association representative and dispute the recommendation and he/she shall be so informed in writing. During that time an Association representative may also meet with the appropriate senior official to discuss the matter. If the Probationary Constable decides not to dispute the recommendation it shall be forwarded in the ordinary course to the Board to be acted upon as the Board deems appropriate. The above time limit may be extended by written agreement of the Parties. (b) If the Probationary Constable disputes the recommendation he/she shall so notify the Association and the Probationary Constable's Unit Commander. (c) A Committee shall be formed known as the Standing Committee on Probationary Constables and shall be comprised of three members selected by the Chief of Police and three members selected by the Association, two of whom shall be members in a full time office of the Association. (d) In those cases where a Probationary Constable disputes the recommendation made to terminate his/her services the entire employment record of the Constable shall be placed before the Committee which shall consider whether there was a reasonable and proper basis for the recommendation to terminate. If a majority of the Committee is satisfied that there is a reasonable and proper basis for the recommendation for termination of the Probationary Constable, no further action shall be taken by the Association on behalf of the Constable. If a majority of the Committee is not so satisfied, then no further action shall be taken to terminate the Probationary Constable. However, the Committee may review its decision upon new or additional information becoming available. (e) In the event the Committee is unable to reach a majority decision, the respective positions of the Committee members shall be forwarded to the Board and be considered by it when the recommendation to terminate the Probationary Constable is placed before the Board for its determination. In addition, the Probationary Constable and/or his/her representatives may make oral (in addition to written, if the Association wishes) representations to the Board according to the Board's procedures prior to the Board making its decision. (f) The Chief of Police may provide information or other assistance to the Committee in addition to the Constable's employment record. 2. In the current negotiations the Board and the Association have disagreed whether a Probationary Constable has or should have the right to contest his termination at arbitration under the Collective Agreement or the Police Services Act. 3. Without prejudice to the rights of the Association with respect to Probationary Constables terminated prior to the effective date of this Memorandum of Understanding, the Parties have agreed, on a trial basis, to the procedure utilizing the Standing Committee on Probationary Constables set out in this Memorandum of Understanding.

PROBATIONARY CONSTABLES. 1. Where a recommendation is made to dispense with the services of a Probationary Constable during his/her probationary period as defined in the Police Services Act, the following procedure shall be used: (a) : The recommendation shall be discussed with the Probationary Constable and he/she shall be given seventy-two hours (exclusive of Saturday or Sunday) during which time he/she may confer with an Association representative and dispute the recommendation and he/she shall be so informed in writing. During that time an Association representative may also meet with the appropriate senior official to discuss the matter. If the Probationary Constable decides not to dispute the recommendation it shall be forwarded in the ordinary course to the Board to be acted upon as the Board deems appropriate. The above time limit may be extended by written agreement of the Parties. (b) . If the Probationary Constable disputes the recommendation he/she shall so notify the Association and the Probationary Constable's ’s Unit Commander. (c) . A Committee shall be formed known as the Standing Committee on Probationary Constables and shall be comprised of three members selected by the Chief of Police and three members selected by the Association, two of whom shall be members in a full time office of the Association. (d) . In those cases where a Probationary Constable disputes the recommendation made to terminate his/her services the entire employment record of the Constable shall be placed before the Committee which shall consider whether there was a reasonable and proper basis for the recommendation to terminate. If a majority of the Committee is satisfied that there is a reasonable and proper basis for the recommendation for termination of the Probationary Constable, no further action shall be taken by the Association on behalf of the Constable. If a majority of the Committee is not so satisfied, then no further action shall be taken to terminate the Probationary Constable. However, the Committee may review its decision upon new or additional information becoming available. (e) . In the event the Committee is unable to reach a majority decision, . the respective positions of the Committee members shall be forwarded to the Board and be considered by it when the recommendation to terminate the Probationary Constable is placed before the Board for its determination. In addition, the Probationary Constable and/or his/her representatives may make oral (in addition to written, . if the Association wishes) representations to the Board according to the Board's ’s procedures prior to the Board making its decision. (f) . The Chief of Police may provide information or other assistance to the Committee in addition to the Constable's ’s employment record. 2. In the current negotiations the Board and the Association have disagreed whether a Probationary Constable has or should have the right to contest his termination at arbitration under the Collective Agreement or the Police Services Act. 3. Without prejudice to the rights of the Association with respect to Probationary Constables terminated prior to the effective date of this Memorandum of Understanding, the Parties have agreed, on a trial basis, to the procedure utilizing the Standing Committee on Probationary Constables set out in this Memorandum of Understanding.

PROBATIONARY CONSTABLES. 1. Where a recommendation is made to dispense with the services of a Probationary Constable during his/her probationary period as defined in the Police Services Act, the following procedure shall be used: (a) The recommendation shall be discussed with the Probationary Constable and he/she shall be given seventy-two hours (exclusive of Saturday or Sunday) during which time he/she may confer with an Association representative and dispute the recommendation and he/she shall be so informed in writing. During that time an Association representative may also meet with the appropriate senior official to discuss the matter. If the Probationary Constable decides not to dispute the recommendation it shall be forwarded in the ordinary course to the Board to be acted upon as the Board deems appropriate. The above time limit may be extended by written agreement of the Parties. (b) If the Probationary Constable disputes the recommendation he/she shall so notify the Association and the Probationary Constable's ’s Unit Commander. (c) A Committee shall be formed known as the Standing Committee on Probationary Constables and shall be comprised of three members selected by the Chief of Police and three members selected by the Association, two of whom shall be members in a full time office of the Association. (d) In those cases where a Probationary Constable disputes the recommendation made to terminate his/her services the entire employment record of the Constable shall be placed before the Committee which shall consider whether there was a reasonable and proper basis for the recommendation to terminate. If a majority of the Committee is satisfied that there is a reasonable and proper basis for the recommendation for termination of the Probationary Constable, no further action shall be taken by the Association on behalf of the Constable. If a majority of the Committee is not so satisfied, then no further action shall be taken to terminate the Probationary Constable. However, the Committee may review its decision upon new or additional information becoming available. (e) In the event the Committee is unable to reach a majority decision, the respective positions of the Committee members shall be forwarded to the Board and be considered by it when the recommendation to terminate the Probationary Constable is placed before the Board for its determination. In addition, the Probationary Constable and/or his/her representatives may make oral (in addition to written, if the Association wishes) representations to the Board according to the Board's ’s procedures prior to the Board making its decision. (f) . The Chief of Police may provide information or other assistance to the Committee in addition to the Constable's ’s employment record. 2. In the current negotiations the Board and the Association have disagreed whether a Probationary Constable has or should have the right to contest his termination at arbitration under the Collective Agreement or the Police Services Act. 3. Without prejudice to the rights of the Association with respect to Probationary Constables terminated prior to the effective date of this Memorandum of Understanding, the Parties have agreed, on a trial basis, to the procedure utilizing the Standing Committee on Probationary Constables set out in this Memorandum of Understanding.

PROBATIONARY CONSTABLES. 1. Where a recommendation is made to dispense with the services of a Probationary Constable during his/her probationary period as defined in the Police Services Act, the following procedure shall be used: (a) : The recommendation shall be discussed with the Probationary Constable and he/she shall be given seventy-two hours (exclusive of Saturday or Sunday) during which time he/she may confer with an Association representative and dispute the recommendation and he/she shall be so informed in writing. During that time an Association representative may also meet with the appropriate senior official to discuss the matter. If the Probationary Constable decides not to dispute the recommendation it shall be forwarded in the ordinary course to the Board to be acted upon as the Board deems appropriate. The above time limit may be extended by written agreement of the Parties. (b) . If the Probationary Constable disputes the recommendation he/she shall so notify the Association and the Probationary Constable's Unit Commander. (c) . A Committee shall be formed known as the Standing Committee on Probationary Constables and shall be comprised of three members selected by the Chief of Police and three members selected by the Association, two of whom shall be members in a full time office of the Association. (d) . In those cases where a Probationary Constable disputes the recommendation made to terminate his/her services the entire employment record of the Constable shall be placed before the Committee which shall consider whether there was a reasonable and proper basis for the recommendation to terminate. If a majority of the Committee is satisfied that there is a reasonable and proper basis for the recommendation for termination of the Probationary Constable, no further action shall be taken by the Association on behalf of the Constable. If a majority of the Committee is not so satisfied, then no further action shall be taken to terminate the Probationary Constable. However, the Committee may review its decision upon new or additional information becoming available. (e) . In the event the Committee is unable to reach a majority decision, the respective positions of the Committee members shall be forwarded to the Board and be considered by it when the recommendation to terminate the Probationary Constable is placed before the Board for its determination. In addition, the Probationary Constable and/or his/her representatives may make oral (in addition to written, if the Association wishes) representations to the Board according to the Board's ’s procedures prior to the Board making its decision. (f) . The Chief of Police may provide information or other assistance to the Committee in addition to the Constable's employment Constable’semployment record. 2. In the current negotiations the Board and the Association have disagreed whether a Probationary Constable has or should have the right to contest his termination at arbitration under the Collective Agreement or the Police Services Act. 3. Without prejudice to the rights of the Association with respect to Probationary Constables terminated prior to the effective date of this Memorandum of Understanding, the Parties have agreed, on a trial basis, to the procedure utilizing the Standing Committee on Probationary Constables set out in this Memorandum of Understanding. During the term of this Collective Agreement, the Association undertakes that the termination of a Probationary Constable will not be taken to arbitration and this provision will remain in effect as provided under Section of The Police Services Act and shall not continue thereafter unless agreed to by the Parties. However, if the Parties dispute its extension, the Party proposing such shall bear the onus of establishingthe efficacy of the Committee system.