Common use of Creative and Quality Matters Clause in Contracts

Creative and Quality Matters. The Company shall have the unilateral right to discharge or otherwise discipline any bargaining unit employee if, in the Employer’s sole judgment, the employee does not meet either Vice Media, LLC’s policies, or the Company’s standards relating to editorial, program or project content, editorial, program or project quality, editorial, program or project output, editorial or creative judgment, professional journalistic ethics, or any other reason related to creative output, provided the employee has received prior written notice of the issue and has been given at least four (4) weeks to improve. Alternatively, employees can instead be provided four (4) weeks pay in lieu of notice. This notice pay shall be in addition to severance pay. i. Such decision shall not be reviewable through the grievance and arbitration procedure, other than to establish that the decision was made for one of these creative or quality-based reasons. If that is the case, the arbitrator may under no circumstances substitute his/her judgment for the creative or quality judgment of the Employer and must uphold the discharge or other disciplinary action. ii. In the event the Employer intends to utilize this provision on Creative and Quality Matters, it will notify the Union and the employee that the discharge is under this paragraph (c) and not under any other provision of this Agreement. If a discharge is so designated, the employee shall be entitled to severance payments in accordance with Article XV below.