Common use of Suspension or Dismissal Procedure Clause in Contracts

Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated. (a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate shall be notified at the same time along with the local Shop Xxxxxxx for the area. (b) When the Union and the employee(s) are notified of the charge(s) as per Article 6.07 (a) above, an “investigative hearing” into the allegations shall be scheduled within seven (7) calendar days of the charge(s) being presented. (c) The Unit Chairperson or designate and the employee or Owner Operator will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and a copy of evidence known at least twenty-four (24) hours prior to the hearing (it is understood that any 3rd party or sensitive evidence will be provided at the time of the investigation meeting). After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty- four (24) hours of the Company becoming aware of such evidence. (d) The employee or owner operator may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee or owner operator out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee or owner operator out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If no discipline is levied, the employee or owner operator shall be made whole for the time held out of service. (e) The Chief Xxxxxxx (and Unit Chairperson or designate or Local Representative if requested) will be present at the investigatory hearing along with the employee or owner operator. (f) Any known witnesses and/or known evidence will be called by either party at the hearing or in the twenty four (24) hour period after the hearing and such witnesses will be paid for their attendance at applicable rates. (g) The Manager or supervisor must render his/her decision within seven (7) days following the investigatory hearing (excluding Saturdays, Sundays and Statutory Holidays). (h) Either party may request an extension of the time limit(s) outlined above and such requests shall be in writing and shall not be unreasonably withheld. (i) Violations of this procedure will render any resulting discipline null and void.

Appears in 4 contracts

Samples: National Collective Agreement, National Collective Agreement, National Collective Agreement

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Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated. (a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate Chair person shall be notified at the same time along with the local Shop Xxxxxxx for the areatime. (b) When the Union and the employee(s) are notified of the charge(s) as per Article 6.07 per (a) above, an “investigative hearing” into the allegations shall be scheduled within seven five (75) calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the charge(s) being presented. (c) The Unit Chairperson or designate Union and the employee or Owner Operator will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and a copy of evidence known at least twenty-four (24) hours prior to the hearing (it is understood that any 3rd party or sensitive evidence will be provided at the time of the investigation meeting)hearing. After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty- twenty-four (24) hours of the Company becoming aware of such evidence. (d) The employee or owner operator may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee or owner operator out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee or owner operator out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If no discipline is levied, the employee or owner operator shall be made whole for the time held out of service. (e) The Chief Xxxxxxx (and Unit Chairperson or designate or Local Representative if requested) will be present at the investigatory hearing along with the employee or owner operatoremployee. (f) Any known witnesses and/or known evidence will be called by either party at the hearing or in the twenty four (24) hour period after the hearing and such witnesses will be paid for their attendance at applicable rates. (g) The Manager or supervisor must render their his/her decision within seven (7) days following the investigatory hearing (excluding Saturdays, Sundays and Statutory Holidays). (h) Either party may request an extension of the time limit(s) outlined above and such requests shall be in writing and shall not be unreasonably withheld. (i) Violations of this procedure will may render any resulting discipline null and void. Between Xxxxxx EXPRESS (CANADA), LTD. (Hereinafter referred to as “the Company”) AND THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW – CANADA) (Hereinafter referred to as “the Union”) 1 Routes identified as future Owner Operator routes can be designated and the Employees in these routes will be given the option of one (1) accepting the conversion under the terms agreed to by the Company and the Union; or (2) electing a severance payment equal to two weeks per year of service at the Hourly Driver rate for their route.

Appears in 1 contract

Samples: Collective Agreement

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Suspension or Dismissal Procedure. The following fQllowing special procedure will apply when a more than one (11 ) day suspension or dismissal is contemplated. (a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate shall be notified at the same time along with the local Shop Xxxxxxx for the area. (b) When the Union and the employee(s) are notified of the charge(s) as per Article 6.07 Article (a) above, an "investigative hearing" into the allegations shall be scheduled within seven five (75) calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the charge(s) being presented. (c) The Unit Chairperson or designate and the employee or Owner Operator owner operator will be given at least twenty-four (24) hours' notice of the hearing and in addition will be given a complete outline of all charges and a copy of evidence known at least twenty-four (24) hours prior to the hearing (it is understood that any 3rd party or sensitive evidence will be provided at the time of the investigation meeting)hearing. After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty- twenty-four (24) hours of the Company becoming aware of such evidence. (d) The employee or owner operator may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee or owner operator out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee or owner operator out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If no discipline is levied, the employee or owner operator shall be made whole for the time held out of service. (e) The Chief Xxxxxxx (and Unit Chairperson or designate or Local Representative if requested) will be present at the investigatory hearing along with the employee or owner operator. (f) Any known witnesses and/or known evidence will be called by either party at the hearing or in the twenty four (24) hour period after the hearing and such witnesses will be paid for their attendance at applicable rates. (g) The Manager or supervisor must render his/her decision within seven (7) days following the investigatory hearing (excluding Saturdays, Sundays and Statutory Holidays). (h) Either party may request an extension of the time limit(slimit{s) outlined above and such requests shall be in writing and shall not be unreasonably withheld. (i) Violations of this procedure will render any resulting discipline null and void.

Appears in 1 contract

Samples: Collective Agreement

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