SUSPENSION AND DISCHARGE CASES. Any claim by an Employee who has acquired seniority that she has been unjustly suspended or discharged will be treated as a STEP 2 grievance if a written statement of such grievance is lodged by the Employee with the Executive Director within five (5) days after written notice of such discharge or suspension has been given to the employee. Such grievance will be taken up at a special meeting between the Union and the Executive Director within (5) five days after it is lodged and failing settlement, within ten (10) days following the final decision of the Executive Director, be referred to Arbitration.
SUSPENSION AND DISCHARGE CASES. 11:01 a) A claim by an employee that the employee has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator of the Home or the Administrator’s designate within five (5) working days after the employee has received the notice. Such grievance will be taken up at a special meeting with the Management Committee within ten
SUSPENSION AND DISCHARGE CASES. 12.01 In the event of an Employee, who has attained seniority, being suspended or discharged from employment and the Employee believed that the suspension or discharge is without cause, the case may be taken up as a grievance at Step No. 1 of the grievance procedure.
12.02 The Employer agrees to inform the Union in writing, of the suspension or discharge of an Employee. An Employee suspended or discharged from employment shall have seven (7) days after the Union is informed of the suspension or discharge in which to file a grievance. Such a grievance shall not be considered where more than seven (7) days have elapsed since the Union was informed of the suspension or discharge.
12.03 Such special grievance may be settled by confirming the Management’s action in suspending or dismissing the Employee, or by reinstating the Employee in the Employee’s position with full compensation for time lost, or by any other arrangement that is just and equitable in the opinion of the conferring parties or the arbitrator, as the case may be.
12.04 The Employer shall have the right to release any Employee for any reason, during the probationary period and such Employee shall have no recourse to the grievance procedure unless it is alleged that the discharge is in violation of Article 4.04 of this agreement.
12.05 Where it is alleged that the Employer has engaged in a violation of Article 4.04, the burden of proof shall be on the party making the allegation, and such party shall be obliged to provide full particulars of the facts and circumstances upon the basis of which the allegation was made at the time of the filing of the grievance.
SUSPENSION AND DISCHARGE CASES a. Suspensions of Four Days or Less
(1) The affected Employee may grieve suspensions of four (4) calendar days or less directly to Step 2 of the Grievance Procedure within five (5) days of receiving notice of the suspension. Thereafter, the grievance will be processed in accordance with the regular Grievance Procedure described in Article Five, Section I(3).
(2) An initial suspension for not more than four (4) calendar days to be extended or converted into a discharge must be extended or converted within the four (4)-day period, in which case the five (5)- calendar day period for requesting a preliminary hearing described below shall begin when the Employee receives notice of such extension or discharge.
SUSPENSION AND DISCHARGE CASES. 13.01 A claim by a seniority employee that they have been suspended and/or discharged without just cause shall be treated as a grievance and shall commence at Article l0.03 provided a written grievance signed by the employee is presented to the Human Resources Director within five (5) working days after the suspension of discharge. A staff representative of the Union will be permitted to attend at the meeting held pursuant thereto with the Human Resources Director. The discharge of any probationary employee shall not be the subject of a grievance and shall not be arbitrable.
13.02 When an arbitrator awards that a seniority employee be compensated for lost benefits such compensation shall not exceed the premiums the Employer would have had to pay in accordance with Article 28, 29, 30, to provide the employee with the benefit plans set out therein for the period involved. Nothing herein shall limit the arbitrator’s authority to award compensation for lost earnings provided that an arbitrator has no jurisdiction or authority under this Agreement to require the Employer to pay an employee any loss suffered on account of an absence of benefits during suspension or discharge or to award an employee an amount which directly or indirectly compensates them for interest on any loss or compensation awarded to them.
SUSPENSION AND DISCHARGE CASES. Any nurse who is to be interviewed concerning possible discipline, a suspension or discharge, will be removed from their work area. The employer will advise the nurse that the nurse may request the presence of their Representative to represent the nurse during such interview. The Representative will be called promptly.
SUSPENSION AND DISCHARGE CASES. (a) The employee concerned has the right to be present at any discussion or scheduled meeting prior to the imposition of a suspension or discharge. Union Xxxxxxx shall be given twenty- four (24) hours notice of this discipline meeting and may attend with the employee at the employee’s discretion.
SUSPENSION AND DISCHARGE CASES. 15.01 (a) In the case of suspension, a grievance may be submitted at Step 2 of the grievance procedure outlined in Article 14.
SUSPENSION AND DISCHARGE CASES. 6.01 It is recognized and agreed that probationary employ- ees may be terminated during their probationary period for failure to meet acceptable standards as determined by the Company. Performance standards shall be applied and admin- istered in a manner that is not arbitrary or discriminatory.
6.02 In the event of employee being suspended, discharged or has a dispute with the interpretation or application of article 23, a grievance shall be deemed to be filed in a timely manner at Step Two, and will be discussed at the next sched- uled grievance meeting.
6.03 Such special grievance may be settled by confirming the Company’s action in dismissing the employee, or by rein- stating the employee with or without full compensation for time lost, or by any other arrangement which is just and equi- table in the opinion of the conferring parties or in the opinion of the Arbitrator, if the matter is referred to such arbitration.
6.04 The Company shall serve notice of discipline or notice of intent to discipline, including verbal, written, suspension and discharges, to employees and the Union President or his/her designate within five (5) working days of the alleged violation becoming known or should have become known to the Company. The Union President or his/her designate shall acknowledge receipt of the notice of discipline.
SUSPENSION AND DISCHARGE CASES a) Employees may be subject to disciplinary measures for directing, leading, causing or participating in any interference with or interruption of production in violation of this Agreement.
b) The Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and conditions of this Agreement. In imposing discipline on a current charge, the Company will not take into account any prior infractions which occurred more than twelve (12) months previously. Anything relating to disciplinary action which is older than twelve (12) months may be removed at the Employee’s election except for circumstances where the discipline was related to sexual misconduct, racism, theft, gross negligence, bullying, and threats of violence and/or acts of violence, which will remain in the file for twenty-four (24) months. Employees and the Shop Xxxxxxx will be allowed to review their files annually and at point of grievance.
c) Where the Company initiates investigative meetings that may lead to discipline, suspension or termination and in the event of discipline, suspension or termination, the Employee is entitled to the Departmental Union Xxxxxxx representation, which xxxxxxx will be the Employee’s choice if available. The Company shall issue to the Employee and the Union copies of written warnings and suspensions to be placed in the Employee’s personnel file.
6.02 In the event an Employee on the seniority list shall be suspended or discharged from employment and believes he has been unjustly dealt with, such suspension or discharge shall constitute a case to be handled in accordance with the method of adjustment of grievances herein provided.
a) The Company must be notified of a claim of wrongful suspension or discharge within fifteen (15) calendar days after same occurs and grievances submitted within these time limits will be dealt with at the third step of the grievance procedure under Article 7.01 Step 3 and if necessary at the subsequent steps of the grievance procedure outlined in Article 7.
b) The Union Shop Xxxxxxx shall be notified promptly and given the opportunity to review such suspension or discharge case with the Employee and others before the employment records are closed.
c) In the event of an Employee being suspended or discharged, the Company shall notify the Employee concerned and the Union Shop Xxxxxxx forthwith in writing indicating the reason for the said suspension or discharge.
