DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary no...
DISCHARGE, SUSPENSION AND DISCIPLINE. 13 ARTICLE 12 - SENIORITY 15
DISCHARGE, SUSPENSION AND DISCIPLINE. 14.01 (a) In the event an Employee is suspended as a disciplinary measure and the Employee considers that an injustice has been done, the matter may be taken up at Step 2 of the Grievance Procedure.
DISCHARGE, SUSPENSION AND DISCIPLINE. (a) An employee to be discharged or suspended by the Superintendent or designate, or the Secretary-Treasurer, for just and reasonable cause, shall be given the reasons in the presence of the Union Xxxxxxx and the reasons shall be confirmed in writing to the employee concerned and the Union.
(b) Unless otherwise decided under the grievance procedure, suspension will mean loss of pay for the time or the duration of the suspension.
DISCHARGE, SUSPENSION AND DISCIPLINE. Whenever the Chief Custodian deems it necessary to warn an employee of any misdemeanor in a manner that disciplinary action may follow, he shall immediately give written particulars of such warning to the Chief Xxxxxxx and a copy to the employee involved. A permanent employee may be dismissed only for just cause and only upon the authority of the Board, as vested in the Chief Custodian. When an employee is discharged or suspended, he shall be given the in the presence of the Chief Xxxxxxx, and the Chairman of the Grievance Committee and the Secretary of the Union shall immediately be advised in writing by the employer of the for such discharge or suspension and a copy for- warded to'the employee involved. It being understood that the release of a probationary employee will not be subject to the Grievance Procedure, a claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Business at Step No. within three working days after the discharge or suspension is affected. An employee wrongfully or unjustly discharged or suspended shall be reinstated in his former position, without loss of seniority, and shall be compensated for all time and benefits lost, at the rates for his position prevailing at the time of reinstatement, except where a lesser penalty is justified, in the opinion of the parties or in the opinion of a Board of Arbitration, if the matter is referred to such a Board.
DISCHARGE, SUSPENSION AND DISCIPLINE. 15.01 The Board reserves the right to discipline or discharge an employee for just cause. A claim by a seniority employee of unjust discipline or discharge shall be treated as a grievance and the grievance procedure shall be followed as outlined in Article 12. Such grievances may be settled by confirming the Board’s action or by reinstating the employee under any arrangement which is just and equitable in the opinion of the conferring parties or the Arbitration Board.
15.02 The Board will notify the employee(s) and the Union of all anticipated discipline or discharge actions in writing within fourteen (14) days of the event giving the name of the employee concerned and the reason for the anticipated discipline or discharge. In cases of discipline matters involving dismissal, loss of pay or written warnings, the employee shall receive written notification of the disciplinary action in the presence of the Group Vice-President. Where the Group Vice-President will not be available within three (3) working days, the Employer may require that the discipline be given in the presence of a different Grievance Committee Representative. Copies of all written warnings and notices of all disciplinary action shall be sent to the Group Vice-Presidents and the National Representative.
DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer deems it necessary to censor an employee in a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief Xxxxxxx of the Union.
12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is given the reason in the presence of a Union Xxxxxxx and is subsequently thereafter promptly advised, in writing, by the Employer of the reason for such discharge or suspension.
12.03 Any employee who alleges that he/she has been wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked.
12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her former position without loss of the seniority and shall receive such compensation for time lost as is determined to be just and equitable in the opinion of the parties or in the opinion of the single arbitrator if the matter is referred to such a Board.
DISCHARGE, SUSPENSION AND DISCIPLINE. 9.01 A claim by an employee who has completed their probationary period that they have been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at Step No. 2 within five (5) calendar days after the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Mediation/Arbitration Procedure by:
(a) confirming the Employer's action in dismissing the employee;
(b) reinstating the employee without loss of seniority and with full compensation for time lost; or
(c) by any other arrangement which may be deemed just and equitable in the opinion of the conferring parties.
(a) An employee shall be allowed access to their personnel file during working hours. During this review the employee will be accompanied by a member of Management. The employee will provide the Employer with 48 hours' notice of their request.
(b) Written disciplinary warnings will be reviewed after a period of 15 months from the date of the written warnings with the Supervisor. Should there be no written warnings of the same nature then the written warning shall be removed from the employee's personnel file.
9.03 All employees may be represented at the employee's request by an officer or xxxxxxx of the Union at any meeting where written notice of discipline or discharge is being served.
9.04 No disciplinary document shall be placed in the employee’s file which has not been first shown and a copy given to the employee. A copy of all disciplinary letters given to employees shall be sent to the Unit Chairperson of the bargaining unit and a copy to the CUPE National Representative. The employee shall have the right to respond to any document in the employee file and such reply shall be part of the employee file.
DISCHARGE, SUSPENSION AND DISCIPLINE. 10.01 Principle of Innocence Both parties agree that an employee is considered innocent until proven guilty. Therefore, in the event the Employer initiates a disciplinary action against an employee who has completed the probationary period and which may result in the suspension or discharge of the employee, the following procedure shall be followed:
DISCHARGE, SUSPENSION AND DISCIPLINE. 11.1 An Employee who has completed her/his probationary period may be discharged for cause as set out in Articles 2 .1, 2.3 or 9.1 (b) 4.
11.2 The official Personnel file shall be kept in the Human Resources Office.
11.3 No employee shall be disciplined except for just cause. Just cause includes, but is not limited to: tardiness, absence from work without prior approval, or misuse of sick leave provisions, or non-performance of job- related tasks to acceptable standard. Depending on the seriousness of the incident, the discipline imposed will be commensurate with the offense. Progressive discipline, if applicable, will normally be applied as follows:
(a) In the first instance, by written warning or reprimand which does not involve loss of work or pay;
(b) In the second instance, suspension of employment for a period of three (3) days of work without pay; and
(c) Subsequent violation may be deemed cause for immediate discharge.
11.4 The record of an Employee shall not be used against her/him at any time after eighteen (18) months of active service following a suspension or disciplinary action, including letters of reprimand or any adverse reports provided another warning or reprimand for a similar infraction has not been given during the eighteen (18) month period. If a second warning is issued for a similar infraction, while the first warning is still on the record, both shall remain on the Personnel file to the expiry of the second warning.
11.5 No Employee shall be required to sign a document she/he deems unfavourable to her/his employment, except to indicate her/his knowledge of such a statement and receipt of a duplicate copy.
11.6 Employee Personnel files shall be available for annual viewing upon request from an Employee provided the Employee gives the Human Resources Office five (5) working days’ notice. Employees Personnel file shall be made available for viewing, in cases of discipline, with one
(1) working day of notice, upon request of a Representative of the Union. Upon request, at this meeting, copies will be provided to the Employee. Employees shall have the right to have their Union Representative or Member Representative present if they so desire when viewing such Personnel files.
