Common use of SUSPENSION AND DISCHARGE CASES Clause in Contracts

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. 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 4.01 of this agreement. 12.05 Where it is alleged that the Employer has engaged in a violation of Article 4.044.01, 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. 12.01 In the event of that an Employeeemployee is suspended for misconduct or is discharged and feels that an injustice has been done him, who has attained seniorityhe may immediately, being suspended through his xxxxxxx 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 member of the grievance procedure. 12.02 Bargaining Committee, process the dispute to the 3rd step provided above. The Employer agrees to inform President or the Union in writing, Bargaining Chairman of the suspension Local Union and area committeeman must be present at all meetings in the Human Resources office involving an employee against whom disciplinary action is being taken; provided, however, that in the event the President or discharge the Bargaining Chairman 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 at work 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 plant at the time of the filing such conference, his place will be taken by another member of the grievanceBargaining Committee who is at work in the plant at the time of such conference. 228 229 230 231 232 233 234 If an employee fails to be present at a meeting scheduled for the purpose of his discharge, the Company shall not be required, if the discharge is appealed and found to be unjust, to reimburse the employee for the time lost during the period of such postponement. If a discharge or suspension is determined to be unjust, the Company shall reinstate the discharged or suspended employee with pay for the time lost since the date of his discharge or by reason of his suspension, less any monies earned by said employee at other occupations during the time lost. Whenever an employee is discharged and the discharge is under appeal through the Resolution Process as outlined in the Agreement, such employee will have the option to continue his Group Insurance Program by payment of the actual monthly premiums for each separate insurance coverage and to remit same to the Company on or before the 25th of the previous month for the covered month. Should the appeal of the discharged employee be reinstated in the Bargaining Unit and it is determined that the initial action to discharge was without just cause, then such monthly premiums paid by the discharged employee shall be refunded. In the case a dispute is filed under this Section, a meeting provided in Step 3, Section A, of the Article above, shall be held within five (5) working days of the date the dispute was filed unless the Company and the Union mutually agree to a postponement of such meeting. A suspended or discharged employee will be allowed entry to the Human Resources office with permission to contact his Union representative. Permission will be granted for the employee and the Union representative to leave the Human Resources office and meet privately on company property.

SUSPENSION AND DISCHARGE CASES. 12.01 (a) In the event of an Employee, who has attained seniority, employee being suspended or discharged from employment employment, and the Employee believed employee feeling that the suspension or discharge is without causean injustice has been done, the case may be taken up as a grievance at Step No. 1 of the grievance proceduregrievance. 12.02 The Employer agrees to inform (b) Notwithstanding 10.01(a), an employee who has not attained seniority may only grieve a discharge if the Union discharge was done in writinga manner that was arbitrary, of the suspension discriminatory, or discharge of in bad faith. 10.02 A claim by an Employee. An Employee employee that he/she has been wrongly suspended or discharged from employment his/her employment, shall have seven be treated as a grievance except as restricted by Article 10.01(b), if a written statement of such grievance is lodged with the Manager of Employee Services within five (75) days after the Union employee is informed notified 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 his/her suspension or discharge, or within five (5) days after the employee ceases to work for the employer, whichever is the earlier. All steps of the grievance procedure prior to Step. No. 3 will be omitted in a suspension case and prior to arbitration in a discharge case. 12.03 10.03 Such special grievance grievances may be settled by confirming the Management’s Employer's action in suspending or dismissing the Employeeemployee, or by reinstating the Employee in the Employee’s position employee with full compensation for time lost, or by any other arrangement that which is just and equitable in the opinion of the conferring parties or the arbitratorBoard of Arbitration, as the case may be. 12.04 10.04 The Employer Union shall have the right to release any Employee represent a member at a Board meeting when a recommendation for discharge of that member is being presented to the Board. 10.05 All documentation with respect to discipline will be removed from an employee’s file after three (3) years from the date the discipline was taken providing that: (a) there has been no further disciplinary action taken against the employee for any reasoninfraction; and (b) the discipline was not a suspension of 3 or more days. There shall be one official Board personnel file maintained by Employee Services. Disciplinary documents removed from an employee’s personnel file in accordance with Article 10.05 shall not be used against the employee, during the probationary period and such Employee although a copy may be retained in Board grievance or investigation files. 10.06 An employee shall have no recourse the right 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 allegationhave access to and review his/her personnel file, and such party shall be obliged have the right to provide full particulars respond in writing to any document contained therein. Such a reply shall become part of the facts and circumstances upon the basis of which the allegation was made at the time of the filing of the grievancepermanent record.

SUSPENSION AND DISCHARGE CASES. 12.01 (a) In the event of an Employee, who has attained seniority, employee being suspended or discharged from employment employment, and the Employee believed employee feeling that the suspension or discharge is without causean injustice has been done, the case may be taken up as a grievance at Step Nogrievance. 1 Notwithstanding an employee who has not attained seniority only grieve a discharge if the discharge was done in a manner that was arbitrary, discriminatory, or in bad faith. All such cases shall be taken up within five (5) days and disposed 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 within seven (7) days after the Union is informed (or such longer period as may be mutually agreed upon) 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 date the Union was informed employee is notified of the suspension or discharge. 12.03 , except where a case is taken to arbitration. A claim by an employee that has been wrongly suspended or discharged from employment, shall be treated as a grievance as defined by Article if a written statement of such grievance is lodged with the Manager, Human Resources within five (5) days after the employee is notified of suspension or discharge, or within five (5) days after the employee ceases to work for the employer, whichever is the earlier. All steps of the grievance procedure prior to Step. No. may be omitted in such cases. Such special grievance grievances may be settled by confirming the ManagementEmployer’s action in suspending or dismissing the Employeeemployee, or by reinstating the Employee in the Employee’s position employee with full compensation for time lost, or by any other arrangement that which is just and equitable in the opinion of the conferring parties or the arbitratorBoard of Arbitration, as the case may be. 12.04 . The Employer Union shall have the right to release any Employee represent a member at a Board meeting when a recommendation for any reason, during the probationary period and such Employee shall have no recourse discharge of that member is being presented to the grievance procedure unless it Board. It is alleged that the discharge is in violation of Article 4.04 of this agreement. 12.05 Where it is alleged understood that the Employer may file with the Xxxxxxx and a Union Representative any complaint with respect to the conduct of the Union, its officers or stewards, or any complaint that a contractual obligation undertaken by the Union has engaged been violated, and that if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in a violation the same way as the grievance of Article 4.04, the burden of proof an employee. No such grievance shall be on considered where the party making the allegation, and such party shall be obliged circumstances giving rise to provide it occurred or originated more than five (5) full particulars of the facts and circumstances upon the basis of which the allegation was made at the time of working days before the filing of the grievance.

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 which 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.