Common use of DISCHARGE AND DISCIPLINARY PROCEDURE Clause in Contracts

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.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINARY PROCEDURE. 16.01 A claim by an (15) Management shall not take disciplinary action without first warning the Employee, who has completed his probationary period, unless the circumstances justify immediate discipline or discharge. In the event of a claim that he an Employee has been discharged or suspended without just causedisciplined unjustly or unreasonably, the grievance shall be treated filed as a grievance if a written statement of such grievance is filed at Step No. 2 of per the Grievance Procedure contained in the Agreement within ten five (105) calendar working days of the happening of the event. (16) Warnings shall be given in writing or in the presence of a Union Committee or ▇▇▇▇▇▇▇. The Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. Written warnings will not be used for further disciplinary action after fifteen (15) months from the date of the last warning. If an Employee has been suspended as a step in the progressive disciplinary process, it will not be used as a precedent for further, more serious discipline after twenty four (24) months from the completion of the suspension. A ▇▇▇▇▇▇▇ will be present if disciplinary action is being taken against an Employee, which will become a part of the personnel file of the Employee. An Employee shall be entitled to review his personnel file upon request to the Human Resources Manager. (17) If it is determined or agreed at any Step in the Grievance Procedure contained in this Agreement, or decided by a Board of Arbitration that any Employee has been disciplined or discharged unjustly, the Management of the Company shall put him back on his job with no loss of seniority, and shall pay the Employee ceases working for the Employer amount he would have earned less any compensation received from any other source, 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 by any other arrangement as to compensation for time lost; or (c) Any other arrangement, which is just and equitable in the opinion of the conferring parties, parties or in 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 opinion of the nature Board of Arbitration, if the discussion, and shall be informed of his absolute right matter is referred to have such a ▇▇▇▇▇▇▇ present at such meeting. Management reserves the right to insist the Chief ▇▇▇▇▇▇▇ or an Executive member attendBoard. (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.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 ▇▇▇▇▇▇▇ of their choice present at such meeting. Should the ▇▇▇▇▇▇▇ selected to attend such meeting not be available, the meeting will be rescheduled to a time that the ▇▇▇▇▇▇▇ is available. Rescheduling the meeting will not constitute a breach of the time limits set out in Article 16.02(d). 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) Verbal or written corrective counselling, other than corrective action imposed by the Corrective Counselling Committee, shall be delivered to the Employee no later than fourteen (14) days following the date the violation occurred or that the violation ought to reasonably have come to the attention of the Employer. Such time limit may be extended upon the mutual consent of the Association and the Employer. (e) The Employer will consult advise 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.

Appears in 1 contract

Sources: Collective Agreement

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 partiesParties, 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 ▇▇▇▇▇▇▇ of their choice present at such meeting. Should the ▇▇▇▇▇▇▇ selected to attend such meeting not be available, the meeting will be rescheduled to a time that the ▇▇▇▇▇▇▇ is available. Rescheduling the meeting will not constitute a breach of the time limits set out in Article 16.02(d). Management reserves the right to insist the Chief ▇▇▇▇▇▇▇ or that an Association 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 Verbal or written corrective counselling shall be delivered to the 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.later than fourteen

Appears in 1 contract

Sources: Collective Agreement