DISCHARGE AND DISCIPLINARY ACTION 10.01 A claim by an employee that he has been discharged or suspended, without just cause, shall be a proper subject for a grievance. Such a grievance shall be submitted in writing to the Employer at Step Two within ten (10) working days after the employee receives notice that he has ceased to work for the Employer or has been notified of the suspension, as the case may be. Notwithstanding the time limits contained in Article 9.03 Step Two, the Parties will meet in attempt to resolve the grievance within five (5) working days of said grievance being filed at Step Two.
10.02 It is understood that an employee has the right to Union representation by a shop ▇▇▇▇▇▇▇ or other Union Officer when discipline is given. The Employer shall send a copy of any written discipline to the Union. Should the Employer fail to provide a copy of the discipline, the timelines found in Article 9.03 shall be waived.
10.03 All disciplinary notices on an employee's record shall be removed after fifteen (15) months.
10.04 A claim of suspension or discharge may be settled by confirming the Employer's action or by reinstating the employee with full seniority and compensation for lost time, or by any other arrangements as to compensation or reinstatement which is just and equitable in the opinion of the conferring Parties, or in the opinion of the arbitrator.
10.05 It is clearly understood between the Parties that Probationary Employees may be discharged for reasons less serious in nature than employees having attained proper seniority standing.
10.06 An employee shall be granted access to his personnel file on demand at a convenient time and, if the employee wishes, in the presence of a Union Officer or Union Staff Representative.
DISCHARGE AND DISCIPLINE (a) Each employee must be provided in writing with all notations of derogatory or disciplinary action, which are to be placed on the employee records. Unless such notation is made in writing to the employee, the Board will not use such incident as part of the employee’s past record to justify a later disciplinary action. Such notice must be given to the employee within ten (10) working days of the discovery of the occurrence-giving rise to the action. In such cases, the President of the Union shall be notified by mail that the employee has been disciplined or received a derogatory notation. Any written reply made by an employee to a derogatory notation, disciplinary action or performance appraisal shall be included in the employee’s personnel file provided such reply is received by the Board within ten (10) working days of the occurrence. The time limits in 12.01 shall be observed hereto, except where an extension of such time limits is mutually agreed upon.
(b) Notwithstanding 12.01 (a) above, in the event that an investigation is deemed necessary by the Board, and/or the Police, the CAS or any other outside agency, the Board shall notify the employee in writing that an investigation is being conducted. Such notice shall include the general nature of the investigation and a copy of the letter shall be sent to the President of the Union.
12.02 If an employee who has attained seniority is discharged, demoted or suspended and the employee feels that the employee has been unjustly discharged, demoted or suspended, then the case may be taken up as a grievance. If such a grievance is undertaken, it shall begin at Step No. 2, provided that such grievance is submitted in writing to the Manager, Employee Relations within five (5) working days of the discharge, demotion or suspension.
12.03 When an employee is to be disciplined in writing or discharged, the employee shall:
(a) be so advised by the supervisor or a senior member of management;
(b) be advised of the time and place of the discipline or termination meeting;
(c) be accompanied by the President of the Union or designate;
(d) be given the reasons for the discipline or discharge at such meeting.
12.04 An employee may request in writing to the Manager, Employee Relations to have a written warning removed from the employee's personnel record after two years, providing no subsequent written warning or disciplinary action has been placed on the employee's personnel record in the intervening two (2) year period. The decision of the Manager, Employee Relations shall be final and binding and communicated in writing to the employee.
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 notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
DISCIPLINE AND DISCHARGE A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate.
B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee.
C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have Union representation. The employee will be asked to sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or denial of guilt of the charges or statement.
D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense.
E. The Employer shall not discipline or discharge any employee without just cause. Any disciplinary action may be appealed through the grievance procedure. Steps of the grievance procedure may mutually be waived in order that the grievance may be filed with the person issuing such disciplinary actions.
SUSPENSION AND DISCIPLINE 21.01 Discipline may be imposed where just cause exists and will be levied in a timely fashion. Generally, discipline is intended to correct undesirable behaviour or conduct and, where appropriate, shall be progressive in nature.
21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have an Association representative attend as an advisor. The management representative also has the right to have a labour relations representative attend as an advisor. At the meeting the employee and the Association representative may make representations and ask questions concerning the events and circumstances. Unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to the employee.
21.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable.
21.04 The employee and the Association representative shall be notified in writing of any disciplinary action except an oral warning, taken against the employee by the Company within a reasonable period of time of that action having been taken.
21.05 When an employee is required to attend a meeting, the purpose of which is to demote or terminate him/her for non-disciplinary reasons, he/she is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable.
21.06 When any discipline is found to be unjustified all documents referring to the discipline imposed shall be removed as soon as reasonably possible from the employee’s record and destroyed.
21.07 NAV CANADA agrees not to introduce as evidence in a hearing relating to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing.
21.08 Any document or written statement to disciplinary action, which may have been placed on the NAV CANADA file of an employee shall be removed and destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action.
21.09 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs.
21.10 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto.
21.11 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.