DISCHARGE AND DISCIPLINARY PROCEDURE Sample Clauses
DISCHARGE AND DISCIPLINARY PROCEDURE.
7.01 The Company retains the right to discipline an employee for just and reasonable cause. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he/she will be disciplined within ten (10) working days of the infraction.
7.02 The Company favours "Corrective Discipline" as opposed to "Punitive Discipline" so agrees to follow the procedure of progressive discipline, dependent on the employee’s disciplinary file and the severity of the infraction:
1. A Verbal Warning - in the presence of a Union representative;
2. A Written Warning - copy to Union;
3. A Suspension - copy of notice to Union;
4. Discharge - copy of notice to Union. A Union representative shall accompany the employee at any step of the disciplinary procedure, including the investigation. Should an employee refuse Union representation, he/she must sign a waiver with the Union and the Company. The Union shall receive all copies of disciplinary notices given to employees. All discipline shall be administered by the Company.
7.03 Except in cases of conduct which would support discharge such as dishonesty, falsification of records, insubordination, sexual harassment or culminating incidents supporting discharge, employee shall be allowed to grieve the discipline and remain on the job until the grievance is resolved. The discipline will be considered to be imposed at the time dispensed however the employee will serve the discipline (if a suspension has been
a) There shall be only one personnel file per employee. Employees will have access to their personnel file as follows:
b) The Company reserves the right to keep a copy of the personnel file at Head Office.
c) An employee may opt to have a Union representative review his/her file on their behalf after written permission has been granted.
7.05 Six (6) months after a first written reprimand has been issued, the reprimand so given shall not be considered in any subsequent disciplinary action and shall be removed from the employee's employment records. In cases where an employee has been given a record reprimand which involves disciplinary action before the first has been so removed from his/her employment record, such second reprimand shall not be considered in any disciplinary action after twelve (12) months from the date of issuance and shall be removed from the employee's employment records after the expiry of the said twelve (12) months.
7.06 In the event of a claim that a...
DISCHARGE AND DISCIPLINARY PROCEDURE. 8.01 A suspended or discharged seniority Employee or the Chief ▇▇▇▇▇▇▇ may present a grievance in writing to the Operations Manager or his/her designated representative at Step No. 2 of the grievance procedure. The Union will not question the dismissal of any probationary Employee nor shall the dismissal be the subject of a grievance unless the Employee alleges that he/she has been discriminated against in such discharge by reason of Union activity, and an arbitrator shall not reverse his/her discharge on any other grounds.
8.02 When an Employee has been suspended or dismissed without notice he /she shall have the right to interview his/her ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises provided that in cases where it is necessary to immediately expel a discharged Employee from the operations, the ▇▇▇▇▇▇▇ shall be advised.
8.03 Such special grievance may be settled by confirming the Management's action in dismissing the Employee with or without compensation for time lost or by any other decision that is considered just and equitable in the opinion of the conferring parties.
8.04 Written notice of disciplinary action, to include a copy of attendance records in cases of discipline for absence, shall be given in the presence of a Union ▇▇▇▇▇▇▇ where possible, with a copy to the Union. The parties agree that past written disciplinary actions issued to an Employee that have exceeded 12 months will not be taken into consideration in administering discipline.
DISCHARGE AND DISCIPLINARY PROCEDURE. 7.01 A discharged seniority employee or the Office ▇▇▇▇▇▇▇ may present a grievance in writing to the Human Resources Department or his designated representative at Step No. 3
DISCHARGE AND DISCIPLINARY PROCEDURE a) The Company shall have the right to discipline or discharge Employees for proper cause.
b) Discharge may result from refusal to comply with Company rules, provided that such rules shall be posted in a conspicuous place where they may be read by all Employees, and further, that no changes in present rules or no additional rules shall be made that are inconsistent with this Agreement, and further provided that any existing or new rules or changes in rules may be the subject of discussion between the Union Standing Committee and the local Plant Manager, and in case of disagreement, the procedure for other grievances shall apply.
c) When other penalties are necessary in administering plant discipline, the following shall apply.....
DISCHARGE AND DISCIPLINARY PROCEDURE. Management shall not take disciplinary action without first warning the employee unless circumstances justify immediate discipline or discharge. In the event of a claim that an employee has been discharged or disciplined unjustly or unreasonably, the grievance shall be filed under the second stage of the grievance procedure within five (5) working days. In the event that a Bargaining Unit employee is suspended or discharged as the result of a non-violent or non-criminal act he shall be able, at his request, to immediately meet with his ▇▇▇▇▇▇▇ or a Grievance Committee member of choice at a mutually agreed upon place prior to leaving the plant. Warnings shall be given to an employee in writing in the presence of Union ▇▇▇▇▇▇▇, unless the employee requests that no ▇▇▇▇▇▇▇ be present. The Company and The Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. Written warnings and derogatory notes shall be removed from the employee's file eighteen (18) months after the original offence if no similar offence has been committed during that period. A copy of the written reprimand warning will be given to the Union President. If it is determined or agreed at any step in the grievance procedure, or decided by the Arbitrator, that any employee has been disciplined or discharged unjustly, or that a penalty too severe, the Management shall put back on job in line with and with no loss of seniority, and they shall pay the employee the amount would have earned had been working, minus any compensation may have received in the interim period, or by any other arrangement as to compensation which is just and equitable in the opinion of the Arbitrator under the terms of this Agreement. The Company shall make the reimbursement payment to the employee within fifteen
DISCHARGE AND DISCIPLINARY PROCEDURE. 7.01 Management shall not take disciplinary action without warning an employee, unless the circumstancesjustify immediate discipline or discharge. Any employee who is to receive discipline in the form of a written warning, suspension, or discharge during a meeting shall have a ▇▇▇▇▇▇▇ or Union executive present in the disciplinary meeting. All warnings shall be confirmed in writing to the employee. The Union shall be provided with a duplicate copy of the notice. The written notice shall contain the reason(s) for the discipline or discharge.
7.02 Twelve (12) months after a written warning is given, it shall be considered inactive. However, if an employee receives a second warning for a related offence during the twelve (12) month period, it will be considered as a second warning period from the time it occurs and a written warning will be issued. This second warning will remain on the file for a period of twelve (12) months. If a third warning occurs for a related offence during the twelve (12) month period, the employee shall be subject to further disciplinary action which may include discharge.
7.03 An employee shall be entitled to review their personnel file with supervision upon giving at least five (5) days' written notice to the Human Resou rce Manager. For the purposes of this a rticle, days shall refer to Monday through Friday, not including general holidays. With the consent of the employee, a Union Representative may be present.
7.04 In the event of a claim that an employee who has attained seniority has been suspended or discharged unjustly, unreasonably or improperly, the grievance shall be in itiated at the Third Stage of the G rievance Procedure within five (5) working days following the day notice is given to the employee.
(a) If an employee takes part in fraudulentactivity, fighting, violates a major safety rule, or gross insubordination, such behaviour shall be subject to disciplinary action including immediate discharge.
(b) If an employee is found to be under the influence of or consuming alcohol or under the influence of or in possession of substances prohibited by law on Company property, such behaviour shall be subject to disciplinary action which may include discharge.
DISCHARGE AND DISCIPLINARY PROCEDURE. 0l A claim by an instructor (other than a probationary instructor) that the instructor has been unjustly discharged or suspended will be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Education, Human Resources within ten (10) days after the occurrence of the matter which is the subject of the grievance.
DISCHARGE AND DISCIPLINARY PROCEDURE. 8:01 Before any employee is discharged for cause, the Chairman of the Grievance Committee shall be notified, and the employee will be given the opportunity to consult with his/her ▇▇▇▇▇▇▇ or other Union Officer before leaving the premises. Any grievance in a discharge case shall be filed at Step 2 of the Grievance Procedure within five (5) working days of the discharge.
8:02 If it is necessary to take disciplinary action against an employee, this shall be done in writing or in the presence of a Union ▇▇▇▇▇▇▇, unless circumstances justify immediate suspension or discharge. Warnings that will be part of an employee's record shall be removed from the employee's record one year from date of issue. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly.
8:03 If it is determined or agreed at any Step in the grievance procedure including arbitration that any employee has been disciplined or discharged unjustly, the Company shall put him/her back on his/her job with no loss of seniority and shall pay the employee the amount he/she would have earned had he/she been working, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of a Board of Arbitration.
8:04 Where an employee's work is considered to be unsatisfactory, the Supervisor shall first interview the employee and give him/her reasonable time, which shall be specified, to show improvement. The ▇▇▇▇▇▇▇ may be present at the interview, at the request of either party. If the employee does not show improvement within the time specified, the Supervisor shall give the employee notice in writing of the nature of the unsatisfactory work at the same time filing a copy with the ▇▇▇▇▇▇▇.
8:05 This Article does not apply to probationary employees as defined in Article 9.
DISCHARGE AND DISCIPLINARY PROCEDURE. 11.01 A claim by a permanent employee that they have been unjustly discharged from their employment shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager, within (5) five working days after the employee ceases to work for the Company.
11.02 The Company will notify the Union in writing within two (2) working days after the suspension or discharge of a permanent employee and reason therefore involving any member of the Local Union. Any disciplinary action by the Company shall be applied without delay.
11.03 Local management will not take disciplinary action without first warning the employee, unless the facts warrant an immediate suspension or discharge. In taking such disciplinary action, local management shall not consider any previous disciplinary action involving the employee provided that a twenty-four (24) month period has elapsed from the date of the infraction. If an employee has been discharged or given a disciplinary layoff and believes that they have been unjustly dealt with, such employee may file a grievance in accordance with the grievance procedure contained herein. When an employee is called into the office for the purpose of receiving a formal disciplinary reprimand, such employee will be accompanied by the appropriate Union ▇▇▇▇▇▇▇. A written record of the action to be taken will be prepared by the supervisor and copies will be given to the individual affected and the Union within three (3) days. If a group is to be disciplined, the Union President or his delegate will be present.
DISCHARGE AND DISCIPLINARY PROCEDURE. 16.01 A claim by an Employee, who has completed his probationary period, that he has been discharged or suspended without just cause, shall be treated as a grievance if a written statement of such grievance is filed at Step No. 2 of the Grievance Procedure within ten (10) calendar days after the Employee ceases working for the Employer or has been suspended. Such special grievance may be settled by:
(a) A Sole Arbitrator confirming the Employer's action in dismissing or suspending the Employee; or
(b) A Sole Arbitrator reinstating the Employee with full or partial compensation for time lost; or
(c) Any other arrangement, which is just and equitable in the opinion of the conferring parties, or the Sole Arbitrator.
(a) It is agreed that whenever an Employee is summoned to have a meeting with a member of Management for any discussions that may result in a form of discipline, the Employee shall be informed of the nature of the discussion, and shall be informed of his absolute right to have a ▇▇▇▇▇▇▇ present at such meeting. Management reserves the right to insist the Chief ▇▇▇▇▇▇▇ or an Executive member attend.
(b) In the event an Employee has not been given the opportunity to have a ▇▇▇▇▇▇▇ present at a meeting with a member of Management for any discussions that may result in a form of discipline, the resulting disciplinary action shall be considered null and void.
(c) In the event an Employee has waived his right to have a ▇▇▇▇▇▇▇ present at a meeting as outlined above, such employee must provide his authorized signature waiving said right.
(d) The Employer will consult a CNFIU Representative before discharging a non-probationary bargaining unit member.
16.03 If an Employee has no disciplinary notations for twelve (12) months, then all prior disciplinary notations shall thereafter not be considered by the Employer when imposing any future disciplinary action.