Common use of DISCHARGE AND DISCIPLINARY PROCEDURE Clause in Contracts

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. 7.01 Management shall a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work. b. In those instances where the Company discharges or disciplines a non- probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a factfinding meeting is held between the Employee’s Supervisor, the Employee, and his Union Representative. Written notice of the date and time of the fact-finding meeting will be provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within seven (7) calendar days of the date of the Company’s written notice of its intent to take disciplinary action without warning or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing shall preclude the Company’s right to suspend an employee, unless the circumstancesjustify immediate discipline or dischargeEmployee pending such meeting. Any employee who The purpose of such meeting is to receive discipline in the form of interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level shall not constitute a written warningprecedent. The Company representative involved will, suspensionwithin seven (7) calendar days after such meeting, or discharge during render a meeting shall have a ▇▇▇▇▇▇▇ or Union executive present in the disciplinary meeting. All warnings shall be confirmed decision in writing to the employee. The Union shall be provided with a duplicate copy Employee giving his reasons therefore. c. Employees 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 Company who are on duty and are called as witnesses 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 suffer no loss of twelve (12) monthspay. If a third warning occurs for a related offence during the twelve (12) month perioddecision of the Company representative is not acceptable to the Union, the employee shall decision may be subject appealed by the Union 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 the System Board of Adjustment within twenty-one (521) days' days after receipt by serving written notice to the Human Resou rce ManagerVice President of Maintenance and Engineering or his designee at the Company’s Administrative Office of its intention to do so. d. The System Board of Adjustment shall be composed of one member designated by the Company and one member designated by the Union. For In the purposes case of this a rticledischarge, the Board of Adjustment shall convene at the city where the discharge took place unless another location is mutually agreed to by the Company and the Union, within twenty-one (21) days shall refer to Monday through Friday, not including general holidays. With the consent of the employeedate the discharge is appealed to the System Board of Adjustment. The System Board shall only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of loss of pay by the Company, a and such finding or decision shall be final and binding upon the Aircraft Mechanics Fraternal Association, the Company and the individual Employee or Employees to such dispute. If the Board deadlocks, the Union Representative may be presentappeal the case to arbitration, within thirty (30) days after the decision of the System Board is rendered. 7.04 e. In the event of a claim that an employee who has attained seniority has been suspended or discharged unjustly, unreasonably or improperlythe Union appeals the disciplinary action to arbitration in accordance with Section 2(d) above, the grievance Company and the Union shall be attempt to agree on a mutually acceptable impartial arbitrator. If the parties are unable to agree on such arbitrator the parties shall select such arbitrator as provided in itiated at the Third Stage of the G rievance Procedure within five (5) working days following the day notice is given to the employeeArticle 22. (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. 7.01 Management shall not take a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work. b. In those instances where the Company discharges or disciplines a non- probationary Employee to the extent of loss of pay, such disciplinary action without warning an employeewill not be imposed until a factfinding meeting is held between the Employee's Supervisor, unless the circumstancesjustify immediate discipline or dischargeEmployee, and his Union Representative. 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 ▇. Written notice of the disciplinary meeting. All warnings shall date and time of the fact-finding meeting will be confirmed in writing provided to the employeeEmployee and the Airline Representative. The Union shall A Shop Representative may be provided with a duplicate copy present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within three (3) seven (7) calendar work days of the notice. The date of the Company's written notice shall contain of its intent to take disciplinary action or the reason(sfirst day the Employee returns to work if the Employee is absent in excess of those seven (7) for the discipline or discharge. 7.02 Twelve (12) months after a written warning is given, it shall be considered inactivecalendar days. However, if nothing shall preclude the Company's right to suspend an employee receives a second warning for a related offence during the twelve (12) month periodEmployee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it will be considered as being understood and agreed that decisions at such level shall not constitute a second warning period from the time it occurs and a written warning will be issuedprecedent. 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 periodThe Company representative involved will, 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 seven (7) calendar days following the day notice is given after such meeting, render a decision in writing to the employeeEmployee giving his reasons therefore. c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment within fourteen (a14) If an employee takes part in fraudulentactivity, fighting, violates a major safety rule, twenty-one (21) days after receipt by serving written notice to the Vice President of Maintenance and Engineering or gross insubordination, such behaviour his designee at the Company's Administrative Office of its intention to do so. d. The System Board of Adjustment shall be subject composed of one member designated by the Company and one member designated by the Union. In the case of a discharge, the Board of Adjustment shall convene at the city where the discharge took place unless another location is mutually agreed to by the Company and the Union, within twenty-one (21) days of the date the discharge is appealed to the System Board of Adjustment. The System Board shall only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of loss of pay by the Company, and such finding or decision shall be final and binding upon the Aircraft Mechanics Fraternal Association IBT - Airline Division, the Company and the individual Employee or Employees to such dispute. If the Board deadlocks, the Union may appeal the case to arbitration, within thirty (30) days after the decision of the System Board is rendered. e. In the event the Union appeals the disciplinary action including immediate dischargeto arbitration in accordance with Section 2(d) above, the Company and the Union shall attempt to agree on a mutually acceptable impartial arbitrator. If the parties are unable to agree on such arbitrator the parties shall select such arbitrator as provided in Article 22. (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. 7.01 Management shall not take a. In the event an employee is suspended pending investigation and is subsequently found innocent of the charges. He will be paid for such lost time from work. b. In those instances where the Company discharges or disciplines a non-probationary employee to the extent of loss of pay, such disciplinary action without warning an will not be imposed until a fact-finding meeting is held between the employee's supervisor, the 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 and his ▇▇▇▇▇▇▇ or Union executive present in ▇. Such meeting will be held within three (3) work days of the date of the Company's written notice of its intent to take disciplinary meetingaction. All warnings shall An Employee who has completed his probationary period will not be confirmed in writing disciplined to the employeeextent of loss of pay or discharge without first having the benefit of a fact finding with the right to have Union representative present. The Union shall Employee will be provided with a duplicate copy advised of the noticenature of the charge(s) no later than fourteen (14) calendar days from the time the Company has full knowledge of the incidents(s) upon which the charge(s) is based. It is understood that an internal Company investigation may be necessary before the Company has full knowledge of an incident. The factfinding will be held within fourteen (14) calendar days from the date of written notice shall contain of the reason(snature of the charge(s) for unless the discipline or discharge. 7.02 Twelve (12) months after a written warning factfinding date is given, it shall be considered inactiveotherwise by mutual agreement between the Company and the Union. However, if nothing shall preclude the Company's right to suspend an employee receives a second warning for a related offence during the twelve (12) month periodpending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it will be considered as being understood and agreed that decisions at such level shall not constitute a second warning period from the time it occurs and a written warning will be issuedprecedent. 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 periodThe Company representative involved will, 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 calendar days following the day notice is given after such meeting, render a decision in writing to the employeeemployee giving his reasons therefore. c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the System Board of Adjustment within fourteen (a14) If an employee takes part in fraudulentactivity, fighting, violates a major safety rule, days after receipt by serving written notice to the vice President of Maintenance and Engineering or gross insubordination, such behaviour his designee at the Company's Administrative Office of its intention to do so. d. The System Board of Adjustment shall be subject composed of one member designated by the Company and one member designated by the Union. In the case of a discharge, the Board of Adjustment shall convene at the city where the discharge took place, unless another location is mutually agreed to by the Company and the Union, within twenty-one (21) days of the date the discharge is appealed to the System Board of Adjustment. The System Board shall only be empowered to make a finding or decision with respect to any employee covered by this Agreement who is terminated or disciplined to the extent of loss of pay by the Company, and such finding or decision shall be final and binding upon the Teamsters - Airline Division, the Company and the individual employee or employees to such dispute. If the Board deadlocks, the case may be appealed to arbitration, within thirty (30) days after the decision of the System Board is rendered. e. In the event the Union appeals the disciplinary action including immediate dischargeto arbitration in accordance with Section 2(d), above, the Company and the Union shall attempt to agree on a mutually acceptable impartial arbitrator. If the parties are unable to agree on such arbitrator the parties shall select such arbitrator as provided in Article 22. (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. 7.01 Management shall a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges, he will be paid for such lost time from work. b. In those instances where the Company discharges or disciplines a non-probationary Employee to the extent of loss of pay, such disciplinary action will not be imposed until a fact finding meeting is held between the Employee’s Supervisor, the Employee, and his Union Representative. Written notice of the date and time of the fact-finding meeting will be provided to the Employee and the Airline Representative. A Shop Representative may be present at the fact-finding meeting if the Airline Representative is unavailable. Such meeting will be held within seven (7) calendar days of the date of the Company’s written notice of its intent to take disciplinary action without warning or the first day the Employee returns to work if the Employee is absent in excess of those seven (7) calendar days. However, nothing will preclude the Company’s right to suspend an employee, unless the circumstancesjustify immediate discipline or dischargeEmployee pending such meeting. Any employee who The purpose of such meeting is to receive discipline in the form of interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it being understood and agreed that decisions at such level will not constitute a written warningprecedent. The Company representative involved will, suspensionwithin seven (7) calendar days after such meeting, or discharge during render a meeting shall have a ▇▇▇▇▇▇▇ or Union executive present in the disciplinary meeting. All warnings shall be confirmed decision in writing to the employee. The Union shall be provided with a duplicate copy Employee giving his reasons therefore. c. Employees 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 Company who are on duty and are called as witnesses 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 suffer no loss of twelve (12) monthspay. If a third warning occurs for a related offence during the twelve (12) month perioddecision of the Company representative is not acceptable to the Union, the employee shall decision may be subject appealed by the Union 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 a Special System Board of Adjustment (5“Special Board”) days' within twenty-one (21) calendar days after receipt by serving written notice to the Human Resou rce ManagerVice President of Maintenance and Engineering or his designee at the Company’s Administrative Office of its intention to do so. d. The System Board of Adjustment will be composed of one (1) member designated by the Company and one (1) member designated by the Union. For In the purposes case of this a rticledischarge, the Special Board will convene at the city where the discharge took place unless another location is mutually agreed to by the Company and the Union, within twenty-one (21) calendar days shall refer to Monday through Friday, not including general holidays. With the consent of the employeedate the discharge is appealed to the Special Board. Both Parties will, upon request, provide all data/documents and the names of all witnesses to be presented at the Special Board no later than three (3) calendar days prior to the scheduled Special Board hearing. The Parties may, by mutual agreement, conduct the Special Board hearing set forth herein by teleconference or waive the Special Board hearing and proceed directly to arbitration. The Special Board will only be empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the extent of loss of pay by the Company, and such finding or decision will be final and binding upon the Aircraft Mechanics Fraternal Association, the Company and the individual Employee or Employees to such dispute. If the Special Board deadlocks, the Union Representative may be presentappeal the case to arbitration, within thirty (30) calendar days after the decision of the Special Board is rendered. 7.04 e. In the event of a claim that an employee who has attained seniority has been suspended or discharged unjustly, unreasonably or improperlythe Union appeals the disciplinary action to arbitration in accordance with Paragraph 2(d) above, the grievance shall be Company and the Union will attempt to agree on a mutually acceptable impartial arbitrator. If the Parties are unable to agree on such arbitrator the Parties will select such arbitrator as provided in itiated at the Third Stage of the G rievance Procedure within five (5) working days following the day notice is given to the employeeArticle 22. (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. 7.01 Management shall a. In the event an Employee is suspended pending investigation and is subsequently found innocent of the charges. He will be paid for such lost time from work. b. An Employee who has completed his probationary period will not take disciplinary action be disciplined to the extent of loss of pay or discharge without warning first having the benefit of a fact finding with the right to have Union representative present. The Employee will be advised of the nature of the charge(s) no later than fourteen (14) calendar days from the time the Company has full knowledge of the incidents(s) upon which the charge(s) is based. It is understood that an employee, internal Company investigation may be necessary before the Company has full knowledge of an incident. The fact-finding will be held within fourteen (14) calendar days from the date of written notice of the nature of the charge(s) unless the circumstancesjustify immediate discipline or discharge. Any employee who fact-finding date is to receive discipline in otherwise by mutual agreement between the form of a written warning, suspension, or discharge during a meeting shall have a ▇▇▇▇▇▇▇ or Union executive present in Company and 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 inactiveUnion. However, if nothing shall preclude the Company's right to suspend an employee receives a second warning for a related offence during the twelve (12) month periodEmployee pending such meeting. The purpose of such meeting is to interview all pertinent witnesses, establish all pertinent facts and determine any possible solution, it will be considered as being understood and agreed that decisions at such level shall not constitute a second warning period from the time it occurs and a written warning will be issuedprecedent. 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 periodThe Company representative involved will, 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 calendar days following the day notice is given after such meeting, render a decision in writing to the employeeEmployee giving his reasons therefore. c. Employees of the Company who are on duty and are called as witnesses will suffer no loss of pay. If the decision of the Company representative is not acceptable to the Union, the decision may be appealed by the Union to the SBA within fourteen (a14) If an employee takes part in fraudulentactivity, fighting, violates a major safety rule, days after receipt by serving written notice to the Vice President of Maintenance Operations or gross insubordination, such behaviour his designee at the Company's Administrative Office of its intention to do so. d. The SBA shall be subject composed of two members designated by the Company and two members designated by the Union. In the case of a discharge, the SBA shall convene at the city where the discharge took place, unless another location is mutually agreed to disciplinary action including immediate discharge. by the Company and the Union, within twenty-one (b21) If an employee days of the date the discharge is found appealed to the SBA. The SBA shall only be under empowered to make a finding or decision with respect to any Employee covered by this Agreement who is terminated or disciplined to the influence extent of loss of pay by the Company, and such finding or consuming alcohol or under the influence of or in possession of substances prohibited by law on Company property, such behaviour decision shall be subject final and binding upon the Teamsters - Airline Division, the Company and the individual Employee or Employees to disciplinary action which such dispute. If the SBA deadlocks, the case may include discharge.be appealed to arbitration, within thirty