Common use of Suspension and Discharge Clause in Contracts

Suspension and Discharge. Section 1 Each employee shall be considered as a probationary employee for their first six (6) months of continuous employment service, after which seniority shall date back to date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion of the Employer and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periods. Section 2 The Employer will administer discipline in accordance with the provisions of the City of Missoula Personnel Policy Manual. An employee who has successfully completed the probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension or discharge, the Employer agrees to normally giving at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A copy of any disciplinary action issued will be forwarded to the Union regional staff representative in Missoula. Section 3 In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six (6) months from the date of issue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity of the employee’s actions warrant immediate suspension or discharge based on the principles of just cause. Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.

Suspension and Discharge. Section 1 Each 15.01 No employee shall be considered as disciplined by written reprimand, suspension or by discharge, except for just cause. 15.02 Whenever the Employer is considering disciplining an employee, the Employer shall hold an interview with the employee. The employee shall have union representation at this interview. The Employer shall then make a probationary employee for their first six decision and if the decision is to impose discipline, such discipline shall be imposed within fifteen (615) months of continuous employment service, after which seniority shall date back to date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion working days of the Employer event of the complaint, giving written particulars of any discipline to the employee and shall the Secretary of the Union. The only permitted exception to compliance with the aforementioned time limits is in circumstances where the employee in question is not available to be entitled to use interviewed, in which case any discipline must be imposed within ten (10) working days of the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periodsactual interview taking place. Section 2 The Employer will administer discipline in accordance with 15.03 Should the provisions of Article 15.02 not be complied with, any such disciplinary action shall be rendered null and void. 15.04 When an employee alleges suspension or dismissal in violation of Article 15.01, the City employee may, within fifteen working days of Missoula Personnel Policy Manual. An employee who has successfully completed the probationary period may elect to file date notified in writing, invoke the grievance procedures including adjudication as set out in this agreement and for the purpose of a grievance regarding alleging violation of Article 15.01, shall lodge the grievance at the final level of the grievance procedure. 15.05 Subject to the substituted penalty provisions of Article 14.05, where it is determined that an employee has been unjustly disciplined by suspension or by discharge in violation of Article 15.01, that employee shall be immediately reinstated in the former position without loss of seniority or any disputed disciplinary actionother benefits which would have accrued if the employee had not been suspended or discharged. In One of the case benefits which the employee shall not lose is the wages accruing over the period of suspension or discharge, which shall then be paid at the Employer agrees to normally giving at least one written warning to end of the employee prior to suspending next complete pay period following reinstatement. 15.06 a) Any letters of reprimand or discharging any adverse disciplinary reports which do not involve a disciplinary suspension without pay shall be removed from the employee except as otherwise provided in this Article in Section 4 below. A copy personnel file of any disciplinary action issued will be forwarded to employee after the Union regional staff representative in Missoula. Section 3 In the case expiration of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six twelve (612) months from during which the date of issue. However, the warning notice procedure shall not be required and suspension said employee has incurred no further reprimand or discharge may be immediately implemented if the severity of the employee’s actions warrant immediate suspension or discharge based on the principles of just causediscipline. Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.

Suspension and Discharge. Section 1 Each employee shall be considered as a probationary employee for their his/her first six (6) months of continuous employment service, after which his/her seniority shall date back to his/her date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion of the Employer City and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periodsperiods with respect to various employment classifications within the Sewer Division. Section 2 The Employer will administer progressive discipline in accordance with the provisions of the City of Missoula Personnel Policy Manual. An employee who has successfully completed the his or her probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension or discharge, the Employer agrees to normally giving give at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A copy of any disciplinary action issued will be forwarded to the Union regional staff representative in Missoula. Section 3 In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six (6) months from the date of issue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity of the employee’s 's actions warrant immediate suspension or discharge based on the principles of just ofjust cause. Section 4 Any employee who has completed the his/her probationary period and who is disciplined suspended or discharged without just cause may elect to file a grievance.

Suspension and Discharge. Section 1 Each No employee who has completed her probationary period shall be considered suspended without pay or discharged except for just cause. At the request of the employee a local representa- tive may be in attendance when such matters of suspension or discharge are being discussed with the employee. Where an employee is suspended without pay or dis- charged, the Hospital shall notify the employee in writing by registered mail or by personal service stating the reason for the suspension or discharge. The employer agrees not to introduce as evidence in a probationary hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee for their first was not aware six (6) calendar days, excluding Saturdays, Sundays and holidays, prior to the time of said hearing. A record of disciplinary action, including a written repri- mand or a confirmation of an oral reprimand, shall be removed from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of continuous employment service, after which seniority shall date back to date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion disciplinary action in respect of the Employer and employee has been recorded during that period. After removal, such record of disciplinary action shall not be entitled introduced in adjudication. Where it is determined that an employee has been dis- ciplined by suspension without pay or by discharge in violation of clause that employee shall be immediately reinstated in her former position without loss of seniority or any other benefit which would have accrued to use her if she had not been suspended or discharged. One of the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period benefits which she shall not mean lose is her regular pay during the same as or be considered in any way related to employee training periods. Section 2 The Employer will administer discipline in accordance with the provisions of the City of Missoula Personnel Policy Manual. An employee who has successfully completed the probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension or discharge, discharge which shall be paid to her at the Employer agrees end of the next com- plete pay period following her reinstatement. Upon request an employee shall be given an opportunity to normally giving at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A read and make a copy of any document in her personal file relating to any disciplinary notation or action issued will be forwarded to the Union regional staff representative in Missoulataken against her. Section 3 In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six (6) months from the date of issue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity of the employee’s actions warrant immediate suspension or discharge based on the principles of just cause. Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.

Suspension and Discharge. Section 1 Each employee shall be considered as a probationary employee for their first six (6) months of continuous employment service, after which seniority shall date back to date of hire1. There Progressive discipline will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion of the Employer and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periods. Section 2 The Employer will administer discipline in accordance with the provisions of the City of Missoula Personnel Policy Manual. An employee who has successfully completed the probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension or discharge, the Employer agrees to normally giving at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A copy of any disciplinary action issued will be forwarded to the Union regional staff representative in Missoula. Section 3 In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six (6) months from the date of issueused when appropriate. However, the warning notice procedure shall not some violations of policies and procedures, or continued negative behavior or performance may be required and of such serious nature that immediate suspension or discharge may be immediately implemented if the severity of the employee’s actions warrant immediate suspension or discharge based on the principles of just cause. Section 4 Any appropriate. An employee who has completed the probationary period and may only be disciplined for just cause. Employees who is disciplined disagree with a letter for improvement may elect grieve the action to Step 1 of the grievance process. Employees who disagree with higher levels of disciplinary action taken may file a grievancegrievance pursuant to Article 21, Grievance Procedure, with the timelines noted in that article, within fifteen (15) working days of the final action. If a grievance is settled resulting in an agreement to rescind the disciplinary action, this document will not be referred to in subsequent disciplinary actions. Separation at the end of an original or extended term end appointment shall not constitute discharge and does not require just cause. Following are the levels of formal discipline under the University process: o Letter for improvement o Written Warning o Suspension o Discharge If disciplinary action is to occur with a bargaining unit member after the conclusion of an investigation or fact-finding, the University will make an attempt to deliver the action within twenty (20) business days. If the action is a suspension or discharge, the Notice of Contemplated Action will be delivered in that timeframe. If the action will take longer, the University will notify the Union in writing and will address the reason for the delay and will provide an estimated time for delivery. Human Resources will determine when the fact-finding is complete. Letter for Improvement The letter for improvement is the lowest level of disciplinary action. It informs employees of the issues of concern and their supervisors’ expectations for improvement. It is expected that such discussions will result in improved performance. A letter for improvement is not documented in an employee's official personnel file maintained by the Division of HR. However, the supervisor shall maintain a record of any letter for improvement in the departmental file. This document may be referred to in any further disciplinary action. In addition, the employee may petition the Xxxx or Director, after one (1) positive performance evaluation, to agree not to use the letter for improvement in any subsequent disciplinary actions. Written Warning The written warning is the next level of disciplinary action and is used for more severe issues or for situations where issues have continued despite being given an opportunity to improve. A written warning is documented in the employee's official personnel file maintained by the Division of HR. After an employee has received at least two (2) positive performance evaluations, an employee may petition the applicable xxxx or director to have the written warning removed from the employee's official personnel file. 2. To initiate a suspension or discharge of a post-probationary regular, or term employee, the xxxx, director, or department head must serve the employee with written notice of the contemplated action. Suspensions and discharges require approval of the cognizant xxxx or director and the Vice President for Human Resources prior to issuing a Notice of Contemplated Action (NCA). This notice must include all of the following points: • Cite the acts which the supervisor believes may constitute proper/just cause. • Give a summary of the evidence against the employee. • Specify the contemplated action. • State that the employee has eight (8) work days from receipt of the notice to respond orally or in writing to the contemplated action. 3. The employee or a Union representative may respond orally and/or in writing to the notice of contemplated action. The response is served to the supervisor who signed the notice. If the employee or Union representative wishes to meet with the supervisor to respond to the notice of contemplated action, he or she must submit a written request forthe meeting within five (5) work days from receipt of the notice. The employee or Union representative must respond orally and/or in writing within eight (8)work days from receipt of the notice. 4. Any time period required herein does not include the day of the action from which this time period begins to run. If the last day of the time period falls on a Saturday, Sunday, or holiday, the last day of the time period shall be the next working day. If the employee is represented by the Union and the Union requests an extension to the NCA response, the Union representative will note the reasons for the extension in writing to the University. The extension will be provided given both parties are in agreement. Requests will not be unreasonably denied. If the employee is on paid administrative leave, this issue may also be part of the consideration on the extension but does not exclude other factors that the University may consider. 5. The Notice of Final Action (NFA) shall be within thirty (30) calendar days after receipt of the employee's response and include all of the following points: • The final action to be taken. • The acts constituting proper/just cause. (The determination on the Notice of Final Action will only entail the allegations specified in the Notice of Contemplated Action. Issues which occur after the Notice of Contemplated Action may be included in the Notice of Final Action but will not be a determining factor in the Notice of Final Action unless the Notice of Contemplated Action is reissued.) • A summary of the evidence. • A reply to the employee's response, if any. • The effective date of any disciplinary action. If the employee is represented by the Union and the timeframe for providing the Notice of Final Action needs to be extended, then the University will note the reasons for the extension in writing to the Union representative. The extension will be provided given both parties are in agreement. Requests will not be unreasonably denied.

Suspension and Discharge. Section 1 Each The release or discharge of an employee shall be considered as a probationary employee for their first six (6) months of continuous employment service, after which seniority shall date back to date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at during the sole discretion of the Employer and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean be the same as subject of a grievance or be considered in any way related to employee training periods. Section 2 The Employer will administer discipline in accordance with the provisions of the City of Missoula Personnel Policy Manualarbitration. An A claim by an employee who has successfully completed the his probationary period may elect to file that he has been unjustly discharged or suspended shall be treated as a grievance regarding if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date of discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action, or reinstating the employee with or without full compensation for the time lost; or by any disputed disciplinary actionother arrangement which may be deemed just and equitable. In The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Copies of Disciplinary Letters At the case of time any written warning, suspension or dischargedischarge is imposed, the Employer agrees to normally giving at least one written warning circumstances relied upon, reasons for, and severity of the sanction shall put in writing and a copy shall be provided both to the employee prior to suspending or discharging and the employee except as otherwise provided in this Article in Section 4 belowUnion. A copy of any disciplinary action issued will completed evaluation which is to be forwarded to the Union regional staff representative in Missoula. Section 3 In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging placed on an employee's personnel file shall be first reviewed with the employee. The written warning employee shall explain sign such evaluation as having been read, and shall have the nature of opportunity to add views to such evaluation prior to it being placed in personnel file. It is understood that such evaluations are not disciplinary action by the complaint to Hospital against the employee. A copy Access to Record Each employee shall have reasonable access to personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the written warning Director of Personnel or designate. Upon request by an employee the Hospital shall provide to copies of any evaluations in this file. Clearing of Record Any letter of reprimand or suspension, or reference to same, will be sent removed from the employee's record after eighteen (18) months following the receipt of such letter or suspension if the employee's record has been discipline free for one (1) year. Notwithstanding the above paragraph, if the letter of reprimand or suspension was imposed for violence or harassment in the workplace, it, and any reference to the Union staff representative in Missoula. The warning notice shall not remain in effect longer than six same, will only be removed after twenty-four (624) months from the date of issue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity of provided the employee’s actions warrant immediate suspension or discharge based on the principles of just cause's record has been discipline free for two (2) years. Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.

Suspension and Discharge. Section 1 1. Each employee shall be considered as a probationary employee for their first six (6) months of continuous employment service, after which their seniority shall date back to their date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion of the Employer City and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periodsperiods with respect to various employment classifications within the Wastewater Division. Section 2 2. The Employer will administer progressive discipline in accordance with the provisions of Section 09-02 of the City of Missoula Personnel Policy Manual. An employee who has successfully completed the his or her probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension or discharge, the Employer agrees to normally giving give at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A copy of any disciplinary action issued at Level 2 or above will be forwarded to the Union regional staff Federation representative in Missoula. Section 3 3. In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the complaint to the employee. A copy of the written warning shall be sent to the Union Federation staff representative in Missoula. The warning notice shall not remain in effect longer than six (6) months from the date of issue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity whenever an employee has committed any of the employee’s conducts, actions warrant immediate suspension or discharge based on behaviors described in Section 09-03-C. of the principles City of just causeMissoula Personnel Policy Manual (Dismissal for Cause). Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.

Suspension and Discharge. Section 1 1. Each employee shall be considered as a probationary employee for their first six (6) months of continuous employment service, after which their seniority shall date back to their date of hire. There will be no seniority among probationary employees. Probationary employees may be laid off, discharged, or otherwise dismissed for cause at the sole discretion of the Employer City and shall not be entitled to use the grievance and arbitration procedures provided for in Article 12 (Grievance and Arbitration), unless covered by this contract. A probationary period shall not mean the same as or be considered in any way related to employee training periodsperiods with respect to various employment classifications within the Wastewater Division. Section 2 2. The Employer will administer progressive discipline in accordance with the provisions of the Section 09-02 ofthe City of Missoula Personnel Policy Manual. An employee who has successfully completed the his or her probationary period may elect to file a grievance regarding any disputed disciplinary action. In the case of suspension ofsuspension or discharge, the Employer agrees to normally giving give at least one written warning to the employee prior to suspending or discharging the employee except as otherwise provided in this Article in Section 4 below. A copy of any ofany disciplinary action issued at Level 2 or above will be forwarded to the Union regional staff Federation representative in Missoula. Section 3 3. In the case of suspension or discharge, the Employer agrees to give at least one written warning to the employee prior to suspending or discharging the employee. The written warning shall explain the nature of the ofthe complaint to the employee. A copy of the written warning shall be sent to the Union Federation staff representative in Missoula. The The· warning notice shall not remain in effect longer than six (6) months from the date of issueofissue. However, the warning notice procedure shall not be required and suspension or discharge may be immediately implemented if the severity whenever an employee has committed any of the employee’s conducts, actions warrant immediate suspension or discharge based on behaviors described in Section 09-03-C. of the principles of just causeCity ofMissoula Personnel Policy Manual (Dismissal for Cause). Section 4 Any employee who has completed the probationary period and who is disciplined may elect to file a grievance.