Common use of DISCHARGE AND DISCIPLINARY ACTION Clause in Contracts

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An employee who has acquired seniority and who is discharged may file a grievance at Step Two of the Grievance Procedure within five (5) working days after such discharge. An employee who has acquired seniority and who is suspended or otherwise formally disciplined may file a grievance at Step One of the Grievance Procedure within five (5) working days after such suspension or formal discipline. 10.02 Where a grievance which is filed under Article 10.01 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling subject to this Article and Article 9: a) confirming the Employer’s action; or b) disposing the grievance in any manner he may deem just and equitable. 10.03 An employee who has acquired seniority and who is discharged or suspended while on duty in the Restaurant shall be given a reasonable opportunity to be interviewed by her ▇▇▇▇▇▇▇ before leaving the Employer’s premises; unless it is necessary because of the circumstances giving rise to her discharge, to require the immediate expulsion of the employee from the Employer’s premises. 10.04 Any formal notice of disciplinary action which is intended to form part of the employee’s employment record shall be given in writing with a copy to the Union and all such notices shall be withdrawn from the employee’s file after twelve (12) months from the date of issue, provided there has been no further discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result of the re-occurrence of the incident or related incident; such warning so issued shall not be removed from the employee’s file.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An employee who A claim by an employee, that he has acquired seniority and who been discharged or suspended, without just cause, shall be a proper subject for a grievance, if a written statement of such grievance is discharged may file a grievance lodged at Step Two No. 2 of the Grievance Procedure within five (5) working days after such discharge. An the employee who receives notice that he has acquired seniority and who is suspended ceased to work for the Company or otherwise formally disciplined may file a grievance at Step One has been notified of the Grievance Procedure within five (5) working days after such suspension or formal discipline. 10.02 Where a grievance which is filed under Article 10.01 is as the case may be except where the suspended employee has not settled and duly comes before had an Arbitrator, the Arbitrator may make a ruling subject to this Article and Article 9: a) confirming the Employer’s action; or b) disposing the grievance in any manner he may deem just and equitable. 10.03 An employee who has acquired seniority and who is discharged or suspended while on duty in the Restaurant shall be given a reasonable opportunity to be interviewed by her confer with the Union ▇▇▇▇▇▇▇ before leaving the Employer’s premises; unless it is necessary because plant. Such special grievance may be settled by: (a) confirming the Management's action to discharge or suspend the employee, or (b) reinstating the employee with full seniority and compensation for lost wages and benefits, or (c) any other arrangement, except loss of seniority, which in the opinion of the circumstances giving rise conferring Parties, or the Arbitrator, is just and equitable. 10.02 At the time of discharge or suspension, an employee shall have the right to her dischargean interview with his ▇▇▇▇▇▇▇, should the employee chose to require do so, for a period not to exceed thirty (30) minutes before leaving the immediate expulsion premises of the employee from Company provided that the Employer’s premisesaccidental failure to comply or the unavailability of a Union ▇▇▇▇▇▇▇ shall not invalidate the discharge or suspension. 10.04 Any formal notice of 10.03 a) Under normal circumstances the Company shall take disciplinary action which within the following time frames unless there is intended to form part reasonable cause for delay: 1. Written warning within five (5) working days of the employee’s employment record Company becoming aware of the infraction except for attendance notices. Attendance notices will be issued within ten (10) working days (employee must be present the ten (10) days) of the violation occurring. 2. Suspension shall be given in writing with a copy to served commencing the Union and all such notices shall be withdrawn from day following the employee’s file after twelve (12) months from the date of issue, provided there has been no further discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result delivery of the re-occurrence of notice unless the incident or related incident; such warning so issued shall not be removed from the employee’s filecircumstances warrant immediate suspension.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An A claim by an employee who has acquired seniority and who successfully completed his/her probationary period, that he/she has been discharged or suspended, without just cause, shall be a proper subject for a grievance, if a written statement of such grievance is discharged may file a grievance filed with the Company at Step Two 3 of the Grievance Procedure within five (5) working days after such discharge. An the employee who has acquired seniority and who is suspended or otherwise formally disciplined may file a grievance at Step One been advised of the Grievance Procedure within five (5) working days after such suspension or formal discipline. 10.02 Where a the termination of his/her employment. Such special grievance which is filed under Article 10.01 is not may be settled and duly comes before an Arbitrator, the Arbitrator may make a ruling subject to this Article and Article 9by: (a) confirming the Employermanagement’s action; action to discharge or suspend the employee, or (b) disposing reinstating the grievance employee with full seniority and compensation for lost wages and benefits, or (c) any other arrangement which in any manner he may deem the opinion of the conferring Parties, or the Arbitrator, is just and equitable. 10.03 An 10.02 Provided there is no security or safety risk an employee who has acquired seniority and who is discharged or suspended while on duty in been dismissed without notice, shall have the Restaurant shall be given a reasonable opportunity right to be interviewed by her interview his Union ▇▇▇▇▇▇▇ before leaving ▇, for a reasonable period of time. This meeting will take place in a location designated by the Employer’s premises; unless it is necessary because Company or in a public access area of the circumstances giving rise to her discharge, to require the immediate expulsion of the employee from the Employer’s premisesairport facility. 10.04 10.03 Any formal notice of disciplinary action which is intended to form part of the an employee’s employment record shall be given given, in writing the presence of a Union ▇▇▇▇▇▇▇, or in writing, with a copy given to the Union Union. Written and all such notices Verbal warnings shall be withdrawn from the employee’s file after a period of twelve (12) calendar months from the date of issue, provided there has been no further discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result of the re-occurrence of the incident or related incident; such warning so issued Suspensions shall not be removed withdrawn from the employee’s file.file after a period of twenty-four (24) calendar months from date of issue. Absences that exceed thirty

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An Discharge and suspension grievances shall be processed as follows: (a) A claim by an employee who has acquired seniority and who is completed his probationary period that he has been unjustly suspended or discharged may file shall be treated as a grievance at Step Two if a written statement of such claim, signed by the Grievance Procedure employee and the Union, is served on the Chairperson or his designated representative within five (5) working days after such dischargethe suspension or discharge is effected. An employee who has acquired seniority Such grievance shall be processed in accordance with the provisions of Step No. 2 and who is suspended or otherwise formally disciplined may file a grievance at Step One following of the Grievance Procedure within five (5) working days after such suspension or formal disciplinegrievance and arbitration procedures. 10.02 Where (b) When a grievance grievance, which is filed under Article 10.01 this article, is not settled and duly comes before an Arbitratorarbitrator, the Arbitrator may make a ruling subject to this Article and Article 9he may: a(i) confirming confirm the EmployerCompany’s action; or; b(ii) disposing reinstate the employee with compensation for regular time lost (less any income the employee has received from any other source pending the disposition of the case); (iii) dispose of the grievance in any manner he other manner, which may deem be just and equitable. 10.03 An 10.02 When an employee who has acquired seniority and who is discharged or suspended dismissed while on duty in at work, he shall, upon request, have the Restaurant shall be given a reasonable opportunity right to be interviewed by her interview his ▇▇▇▇▇▇▇ privately for a reasonable time in a place designated by the Company before leaving its premises, unless the Employer’s premises; unless it is necessary because exercise of such right would unduly interfere with the safe or efficient operation of the circumstances giving rise to her discharge, to require plant. The employee will be provided a letter outlining the immediate expulsion of reasons for the employee from the Employer’s premises. 10.04 Any formal notice of disciplinary action which is intended to form part of the employee’s employment record shall be given in writing suspension or discharge along with a copy to the Union. 10.03 When an employee is to receive notice of discipline while at work, a Union and all such notices ▇▇▇▇▇▇▇ shall be withdrawn from present, if the employee’s file after twelve (12) months from the date employee so requests. Record of issue, provided there has been no further written discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result of the re-occurrence of the incident or related incident; such warning so issued shall not be removed from the employee’s fileafter 12 months and record of suspension will be removed after 18 months.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An employee who has acquired seniority and who is discharged may file a grievance at Step Two of the Grievance Procedure within five (5) working days after such discharge. An employee who has acquired seniority and who is suspended or otherwise formally disciplined may file a grievance at Step One of the Grievance Procedure within five (5) working days after such suspension or formal discipline. 10.02 Where a grievance which is filed under Article 10.01 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling subject to this Article and Article 9: a) confirming the Employer’s 's action; or b) disposing the grievance in any manner he they may deem just and equitable. 10.03 An employee who has acquired seniority and who is discharged or suspended while on duty in the Restaurant Hotel shall be given a reasonable opportunity to be interviewed by her their ▇▇▇▇▇▇▇ before leaving the Employer’s 's premises; unless it is necessary because of the circumstances giving rise to her their discharge, to require the immediate expulsion of the employee from the Employer’s 's premises. 10.04 Any formal notice of disciplinary action which is intended to form part of the employee’s 's employment record shall be given in writing with a copy to the Union and all such notices shall be withdrawn from the employee’s 's file after twelve (12) months from the date of issue, provided there has been no further discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result of the re-occurrence of the incident or related incident; such warning so issued shall not be removed from the employee’s 's file.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINARY ACTION. 10.01 An employee who has acquired seniority and who is discharged may file a grievance at Step Two of the Grievance Procedure within five (5) working days after such discharge. An employee who has acquired seniority and who is suspended or otherwise formally disciplined may file a grievance at Step One of the Grievance Procedure within five (5) working days after such suspension or formal discipline. 10.02 Where a grievance which is filed under Article 10.01 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling subject to this Article and Article 9: a) confirming the Employer’s 's action; or b) disposing the grievance in any manner he may deem just and equitable. 10.03 An employee who has acquired seniority and who is discharged or suspended while on duty in the Restaurant Hotel shall be given a reasonable opportunity to be interviewed by her ▇▇▇▇▇▇▇ before leaving the Employer’s 's premises; unless it is necessary because of the circumstances giving rise to her discharge, to require the immediate expulsion of the employee from the Employer’s 's premises. 10.04 Any formal notice of disciplinary action which is intended to form part of the employee’s 's employment record shall be given in writing with a copy to the Union and all such notices shall be withdrawn from the employee’s 's file after twelve (12) months from the date of issue, provided there has been no further discipline within the twelve (12) month period. A written warning which indicates that termination will follow as a result of the re-occurrence of the incident or related incident; such warning so issued shall not be removed from the employee’s 's file.

Appears in 1 contract

Sources: Collective Bargaining Agreement