PROCEDURE FOR ABUSE AND NEGLECT CHARGES Sample Clauses

PROCEDURE FOR ABUSE AND NEGLECT CHARGES. Employees who commit abuse or neglect (hereinafter “abuse”) which is proved by an investigating state regulatory agency or by an investigation duly performed by the employer, may be terminated immediately. The Parties recognize, however, that compelling evidence of abuse is sometimes difficult to obtain. Accordingly, the Parties adopt the following standard. The Union and the Employer agree that any charge of abuse shall be reported to the appropriate state or local authorities as required by law. Any employee accused of abuse may be placed on administrative leave pending the results of any such governmental investigation. In the event a governmental agency investigates a report of abuse/neglect and reaches a conclusion upon the allegations, the Employer’s disciplinary decision, if any, shall be governed by such conclusion. If an investigating agency should conclude there was sufficient evidence to confirm a charge requiring termination of the employee, the employee shall be terminated. If an investigating agency should find the charge to be unfounded, the employee shall be reinstated and shall be paid the difference between minimum wage and the employee’s usual wage, less interim earnings or unemployment compensation benefits, for any lost time incurred as a result of the Employer’s investigation or the Employer’s voluntary decision to decline immediate reinstatement pending the results of an agency investigation. Should an employee be terminated or lose licensure on the basis of a governmental investigation, the Union may withdraw the grievance or choose to advance the grievance to arbitration. Without prejudice to timeliness, the Parties may agree in writing to hold the grievance in abeyance, pending the outcome of any conclusive action by the regulatory body.
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Related to PROCEDURE FOR ABUSE AND NEGLECT CHARGES

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  • Overtime Procedure Overtime work shall be on a voluntary basis and it is mutually agreed that when overtime work is scheduled by the Company, it shall be distributed in an equalized manner amongst the Employee in the classification usually performing such work. However, the Company recognizes the equity of maintaining minimum differentials in the overtime hours amongst all Employees within a classification. The overtime roster will be maintained by classification and supervisory group within the Department and will be openly displayed in the work area, so that Employees may check their respective standing. Notice of overtime opportunities must be given at least two (2) hours before shift ends for an extended shift, or in the case of weekend work such as Saturday, Sunday or a holiday, the work notice for overtime work must be given by 12:01 p.m. on the Friday prior to the weekend. Overtime will be offered to Employees who are actually at work at the time such request is made. The Employees with the least credited overtime hours in the classification will be offered the overtime opportunity first. Any Employee who changes classification, department or shift shall be credited with the average number of hours in the classification to which he enters. Equalization charts will be re-set to zero each January. Any Employee placed on an overtime roster to hire, recall, reclassification or return from sick leave is to be charged with the average number of hours charged against the Employees in the work area who are in the same classification. Where the overtime opportunity is lost to the classification (ie. A Welder doing Master Painter overtime), the Employee will be entitled to payment as if he had worked the overtime opportunity. If the Employee has been bypassed in the administration of an equal opportunity, arrangements will be made by the Company to offer the equivalent amount of overtime within one (1) week period from the date of complaint, or pay the Employee the amount owed as if he/she had worked the overtime opportunity. The overtime procedure will not apply to Employees who are:

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

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