Common use of Procedure for Investigation, Discipline and Discharge Clause in Contracts

Procedure for Investigation, Discipline and Discharge. Upon request of a Guild Member, the Producer shall allow a DGC representative to be present, in person or via available means of communication, at any investigatory meeting between a Guild Member and a representative of the Producer that may lead to the discipline of the Guild Member. The Producer will notify the Guild Member of this entitlement in advance of scheduling the meeting; however, the DGC agrees that it shall not file a grievance alleging a violation of this notice requirement. The DGC representative shall not obstruct the investigatory process or the timing thereof. The following procedure shall apply if a Producer contemplates taking disciplinary action against a Guild Member. (a) If a meeting for disciplinary purposes results in an oral warning, the date and nature of the warning shall be noted by the individual Producer in charge. The Producer shall provide the Guild Member with a copy of any written warning or adverse report affecting that Guild Member. Any reply by that Guild Member shall become part of the Guild Member’s work record. No warning shall be passed from one Producer to another. (b) Prior to imposing a written warning or effecting a discharge, the Producer shall inform the District Council, and if the Guild Member so requests, a representative of the District Council shall be entitled to be present and to participate at any disciplinary meeting where the Guild Member is advised of the written warning or discharge. (c) On request, and within forty-eight (48) hours of that request, the Producer shall provide the District Council and the Guild Member with detailed written reasons supporting the discharge. (d) The parties agree that progressive discipline may consist solely of oral and written warnings, and discharge if the Guild Member does not respond constructively to the warnings. In all matters of discipline and discharge, the Producer shall have the burden of proof to prove that the actions or inactions of the Guild Member occurred and were wrongful, that adequate warning and appropriate progressive discipline was administered to try to correct the problem, and that the punishment is just and reasonable.

Procedure for Investigation, Discipline and Discharge. Upon request of a Guild Member, the Producer shall allow a DGC representative to be present, in person or via available means of communication, at any investigatory meeting between a Guild Member and a representative of the Producer that may lead to the discipline of the Guild Member. The Producer will notify the Guild Member of this entitlement in advance of scheduling the meeting; however, the DGC agrees that it shall not file a grievance alleging a violation of this notice requirement. The DGC representative shall not obstruct the investigatory process or the timing thereof. The following procedure shall apply if a Producer contemplates taking disciplinary action against a Guild Member. (a) If a meeting for disciplinary purposes results in an oral warning, the date and nature of the warning shall be noted by the individual Producer in charge. The Producer shall provide the Guild Member with a copy of any written warning or adverse report affecting afecting that Guild Member. Any reply by that Guild Member shall become part of the Guild Member’s work record. No warning shall be passed from one Producer to another. (b) Prior to imposing a written warning or effecting efecting a discharge, the Producer shall inform the District Council, and if the Guild Member so requests, a representative of the District Council shall be entitled to be present and to participate at any disciplinary meeting where the Guild Member is advised of the written warning or discharge. (c) On request, and within forty-eight (48) hours of that request, the Producer shall provide the District Council and the Guild Member with detailed written reasons supporting the discharge. (d) The parties agree that progressive discipline may consist solely of oral and written warnings, and discharge if the Guild Member does not respond constructively to the warnings. In all matters of discipline and discharge, the Producer shall have the burden of proof to prove that the actions or inactions of the Guild Member occurred and were wrongful, that adequate warning and appropriate progressive discipline was administered to try to correct the problem, and that the punishment is just and reasonable.

Procedure for Investigation, Discipline and Discharge. Upon request of a Guild Member, the Producer shall allow a DGC representative to be present, in person or via available means of communication, at any investigatory meeting between a Guild Member and a representative of the Producer that may lead to the discipline of the Guild Member. The Producer will notify the Guild Member of this entitlement in advance of scheduling the meeting; however, the DGC agrees that it shall not file a grievance alleging a violation of this notice requirement. The DGC representative shall not obstruct the investigatory process or the timing thereof. The following procedure shall apply if a Producer contemplates taking disciplinary action against a Guild Member. (a) If a meeting for disciplinary purposes results in an oral warning, the date and nature of the warning shall be noted by the individual Producer in charge. The Producer shall provide the Guild Member with a copy of any written warning or adverse report affecting that Guild Member. Any reply by that Guild Member shall become part of the Guild Member’s work record. No warning shall be passed from one Producer to another. (b) Prior to imposing a written warning or effecting a discharge, the Producer shall inform the District Council, and if the Guild Member so requests, a representative of the District Council shall be entitled to be present and to participate at any disciplinary meeting where the Guild Member is advised of the written warning or discharge. (c) On request, and within forty-eight (48) hours of that request, the Producer shall provide the District Council and the Guild Member with detailed written reasons supporting the discharge. (d) The parties agree that progressive discipline may consist solely of oral and written warnings, and discharge if the Guild Member does not respond constructively to the warnings. In all matters of discipline and discharge, the Producer shall have the burden of proof to prove that the actions or inactions of the Guild Member occurred and were wrongful, that adequate warning and appropriate progressive discipline was administered to try to correct the problem, and that the punishment is just and reasonable.