Common use of DISCHARGE AND DISCIPLINARY ACTION Clause in Contracts

DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association present at any meeting at which the employee is to be disciplined, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting.

DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association present at any meeting at which the employee is to be disciplined, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting. 2. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged for a reason that is arbitrary or capricious. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. 3. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. 4. Disciplinary action shall include: written warning, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated into the employee’s personnel file. The employee who is subject to the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. 5. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) working days of the issuance of the disputed action. Such response shall be placed in the unit member’s personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. 6. The following procedures shall be observed in the context of disciplinary action: a. Oral or written notice will be given to the employee of the charges. b. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. c. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. d. The employee will be informed of the investigation results and what discipline, if any, will be imposed.

DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association USW present at any meeting at which the employee is to be disciplined, or at an investigation meeting that may lead to discipline, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting. 2. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged for a reason that is arbitrary or capricious. The Board will provide a discharged employee and the USW a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. 3. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. 4. Disciplinary action shall include: written warning, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated into the employee’s personnel file. The employee who is subject to the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. 5. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) working days of the issuance of the disputed action. Such response shall be placed in the unit member’s personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. 6. The following procedures shall be observed in the context of disciplinary action: a. Oral or written notice will be given to the employee of the charges. b. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. c. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. d. The employee will be informed of the investigation results and what discipline, if any, will be imposed.

DISCHARGE AND DISCIPLINARY ACTION. A. Any 15.01 The employer shall not discipline or discharge an employee who fails to maintain proper standards of conduct without prior warning unless the circumstances justify immediate discipline or to discharge his/her responsibilities discharge. Employees shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall not be disciplined or discharged without just cause. In the event the employer intends to discipline or discharge an employee, the employee shall be accompanied by a union ▇▇▇▇▇▇▇/representative. The Board will provide Chief ▇▇▇▇▇▇▇ and the employee shall be notified in writing of any disciplinary or derogatory notation on an employee’s file. The employer shall not impose disciplinary penalties which are unreasonable or unjust. In the event of a claim that an employee has been discharged or disciplined unjustly, or unreasonably, the claim shall be subject to the provisions of the Grievance Procedure provided in Article 12. 15.02 Except for reduction in staff or other justifiable reason, the employer shall not discharge an employee unless his or her work has proved unsatisfactory. When considering discharging an employee, the employer shall discuss thoroughly with the employee and a representative of the Association Union, the reasons for which he is considering the discharge. If at the end of one (1) month from the date of this discussion, the employee's work is still unsatisfactory, the employer may commence with progressive discipline, e.g. warning, written warning, etc. or as appropriate for the circumstances up to and including termination. In the event that an employee is disciplined (with the exception of verbal warnings) or discharged, the reasons for such action shall be put in writing and a copy provided to the union and the employee. In all meetings, including grievance and arbitration, the employer shall be limited to those items outlined in writing as the reasons for such disciplinary action. 15.03 Employees, other than probationary employees, shall be given a minimum of two (2) weeks’ notice of discharge with reasons thereforeor notice provided for in the Employment Standards Act, whichever is greater. In the case of discharge for cause, the employee shall not be entitled to notice of discharge. 15.04 Upon resigning from his or her employment, the employee will give, in writing, at or prior a two (2) week notice to the time employer. 15.05 All discipline shall be removed from an employee’s file not later than twenty-four (24) months from the date it was administered. An employee’s file shall only consist of discharge. Should a seniority employee believe he/she information that has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree brought to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration attention of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated employee in the employee's personnel filepresence of their union ▇▇▇▇▇▇▇. The employee who is the subject of the disciplinary action Employees shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has have the right to have view their file upon request and may be accompanied by a representative of the Association present at any meeting at which the employee is to be disciplined, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, union ▇▇▇▇▇▇▇ if they so desire and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights presence of students and others pending the holding of the meetinga manager.