Common use of Representation Rights and Procedures Clause in Contracts

Representation Rights and Procedures. 14.02 When a supervisor intends to investigate an employee for a purpose that may result in discipline, the employee and the Union will be notified at least 24 hours in advance. The employee will be informed by the supervisor that, in accordance with Article 3.06, the employee has the right to be accompanied by a Union Xxxxxxx or Union Officer. A Union representative will be present at all disciplinary meetings except in a case of serious employment misconduct where immediate action is warranted (see Article 14.03). 14.03 In the event of serious employee misconduct where immediate action is warranted, the requirement for 24 hours notice may be waived. In this event, the supervisor will make a reasonable effort to have a Union Xxxxxxx or Union Officer present at any initial meeting. See also Article 14.07. 14.04 In any case of employee discipline, if an alleged breach of an employee’s representational rights is advanced to arbitration the arbitrator will decide: (a) whether or not a breach of the employee’s representational rights has occurred; and if so (b) whether or not the breach is sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline; or (c) if the breach of the employee’s representational rights is not sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline, whether or not the breach is relevant to the penalty imposed by the University and, if so, whether or not in all the circumstances a lesser penalty should be imposed.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Representation Rights and Procedures. 14.02 When a supervisor intends to investigate an employee for a purpose that may result in discipline, the employee and the Union will be notified at least 24 hours in advance. The employee will be informed by the supervisor that, in accordance with Article 3.06, the employee has the right to be accompanied by a Union Xxxxxxx or Union Officer. A Union representative will be present at all disciplinary meetings except in a case of serious employment misconduct where immediate action is warranted (see Article 14.03). 14.03 In the event of serious employee misconduct where immediate action is warranted, the requirement for 24 hours hours’ notice may be waived. In this event, the supervisor will make a reasonable effort to have a Union Xxxxxxx or Union Officer present at any initial meeting. See also Article 14.07. 14.04 In any case of employee discipline, if an alleged breach of an employee’s representational rights is advanced to arbitration the arbitrator will decide:decide:‌ (a) whether or not a breach of the employee’s representational rights has occurred; and if so (b) whether or not the breach is sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline; or (c) if the breach of the employee’s representational rights is not sufficiently serious to prevent the University from relying on the incident(s) that gave rise to the discipline to prove just cause for discipline, whether or not the breach is relevant to the penalty imposed by the University and, if so, whether or not in all the circumstances a lesser penalty should be imposed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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