DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever the Corporation deems it necessary to censure an employee in writing, in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved. (a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation. (b) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later. (c) Such grievance may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board. (d) In the event an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall apply. (e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable work, the employee shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever the Corporation deems it necessary to censure an employee in writing, in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 1 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later.
(c) Such grievance may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board.
(d) In the event an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification It is understood that should the Parties agree to meet to discuss certification be suspended for reasons captured by the possibility of an appropriate Ontario Human Rights Code, only in this circumstance will reasonable accommodation in into other work be considered by the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirementsCorporation. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve one hundred and twenty (12120) months days of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall apply.
(e) In the event an employee fails to maintain the appropriate license licence to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable workOntario, the employee shall be laid off until such license licence is reinstated. The Corporation shall retain It is understood that should the right to grant or deny any appropriate licence be suspended for reasons captured by the Ontario Human Rights Code, only in this circumstance will reasonable accommodation based on operational requirementsinto other work be considered by the Corporation. In the event that the employee has not resolved the licensing licencing matter within twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 13.01 No employee shall be disciplined or discharged except for just cause. An employee who is disciplined or discharged shall be given a reasonable opportunity to discuss the Corporation deems it necessary matter with his/her Union ▇▇▇▇▇▇▇ before leaving the plant. The termination of a probationary employee shall be considered for just cause unless the termination is contrary to censure Article 2.01 or if the termination is arbitrary, discriminatory or in bad faith. The ▇▇▇▇▇▇▇ shall be present during the imposition of such discipline or discharge. The Company will provide the employee with written confirmation of discipline. The Company will not discipline an employee in writing, in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later more than five (5) working days after they become aware of events or matters given rise to discipline. The forgoing five (5) working day period shall not apply when an employee subject to discipline, necessary witnesses or key company representatives are absent. In such event, the discharge Company will inform the Unit Chair or suspensiondesignate, giving the name of the employee concerned and the reason for parties will mutually agree on the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other duration of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislationsuch extension.
13.02 An employee who is suspended for more than three (b3) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as working days may file a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 of the grievance procedure within three (3) working days after the discharge or suspension or within suspension. An employee suspended for a period of three (3) working days after or less shall be entitled to file a grievance at Step 1. An employee who is discharged shall be entitled to file a grievance at Step 2 of the Union has been notifiedgrievance procedure within a period of four (4) working days of such discharge. Any time limits expressed in this clause may be extended by agreement between the parties.
13.03 Where an employee's grievance against his/her discharge or discipline duly comes before an arbitrator, whichever is the later.arbitrator may make a ruling:
(a) Confirming the Company's action, or
(b) Reinstate the employee with compensation for lost time, or
(c) Such Dispose of the grievance in any other manner which may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Boardequitable.
(d) In the event 13.04 Warning notices and notices of suspension will be removed from an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within 's record twelve (12) months after the date of issuance of the notice provided that there is no further discipline imposed within the 12 month period, in which case the date upon which of the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards issuance will be updated to the employer’s actions and date of the arbitration process included in this Agreement shall applymost recent discipline.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable work, the employee shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 8.01 Whenever the Corporation Employer (or representative of the Employer) deems it necessary to censure an employee in writing, in a manner indicating that dismissal may follow any repetition of the act complained of or suspension omission referred to, or may followfollow if such employee fails to bring their work up to a required standard by a given date, the Corporation employee shall be given warning in the presence of their ▇▇▇▇▇▇▇ and the employee and the Union shall be advised promptly, in writing, of the reason for such warning.
8.02 When an employee is discharged or suspended, the employee shall be given the reason in the presence of their ▇▇▇▇▇▇▇. Such employee and the Union shall be advised promptly, in writing, by the Employer of the reason for such discharge or suspension.
(a) A claim by an employee that the employee has been unjustly disciplined shall be treated as a grievance at Step 2 of the Grievance Procedure provided that a written statement of such grievance is lodged with the Labour Relations Manager or designate within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge disciplinary action or suspension cases as soon as possible and not later than within five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing has been notified whichever is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislationlater.
(b) A claim by an employee that they have the employee has been unjustly discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of in accordance with 8.03 (a) however; such grievance is shall be lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later3 in accordance with Article 7.04.
(c) 8.04 Such grievance may be settled by confirming the Corporation's Employer’s action or by reinstating the employee with full compensation for time lost or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring Parties parties or by the Arbitration Board.
(da) In After eighteen (18) months following the event issuance of a letter of discipline, an employee may request, in writing, to the appropriate Human Resources Administrator that such correspondence or record of disciplinary action, be removed from the employee’s personnel file, provided that there has been no further incidents of discipline within the eighteen (18) month period. Such disciplinary documentation will be removed and sent back to the employee for destruction. This article shall not apply to disciplinary actions taken with employees for inappropriate conduct towards students, unless the disciplinary action is subsequently altered through the grievance procedure.
(b) Notwithstanding (a) above, the Employer agrees that a letter of discipline (provided that there have been no further incidents of discipline within the eighteen (18) month period and except for disciplinary actions taken with employees for inappropriate conduct towards students) shall not be relied upon in any subsequent proceedings after eighteen (18) months following its issuance.
8.06 An employee, or designate in writing, may review their personnel employee file. The employee (or designate) shall make application in writing, to the Labour Relations Manager, who is captured by Schedule “A” shall upon receipt of the request arrange for access to the file within three (3) working days. Before being allowed to access their file, the employee (or their designate) shall be required to provide proof of identity. Either party of this Agreement has their certification suspended by “agreement may request that the Base Hospital” (or any other governing body outside of employee review the Corporation having the authority to take such action) to work file contents in the classification and level they were most recently assigned to the employment presence of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certificationa Union representative. Should the Corporation not be able to make an accommodation employee dispute the accuracy or completeness of any information contained in their file, the circumstance because Board shall on receipt of a lack of suitable available workwritten request by the employee to the Labour Relations Manager stating the alleged inaccuracy, either confirm or amend the affected information. An employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on make copies of any material contained in their personnel record in the unresolved issue presence of the Human Resources Manager or designate.
8.07 An employee wishing to have documents removed, as just cause for termination however the employee so affected referenced above in Article 8.06, shall have the right to file a grievance as regards make application, in writing, to the employer’s actions and Labour Relations Manager through the arbitration process included in this Agreement shall applyPresident of the Union.
(e) In 8.08 The Board agrees that employee files, including files containing medical information and information pertaining to Criminal Reference Checks, shall be kept in a secure location at the event Board’s Education Centre.
8.09 When an employee fails is required to maintain attend a disciplinary meeting at a location other than the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other employee's normal work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable worksite, the employee shall be laid off until such license is reinstated. The Corporation shall retain informed in advance of the right to grant or deny any accommodation based on operational requirements. In purpose of the event that meeting, paid for their attendance (including travel allowance as provided for in Board policy) and shall, if they wish, have a representative of the employee has not resolved the licensing matter within twelveUnion present.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever the Corporation deems it necessary to censure an employee in writing, in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee that they have he has been unjustly discharged or suffered a disciplinary suspension without just cause disciplined shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources the Director of Library Services or designate at Step 2 his representative within three (3) working days after the discharge or suspension discipline or within three (3) working days after the Union has been notified, notified in writing of the discharge or discipline whichever is the later.
10.02 The Board will notify the Union in writing in all discharge or discipline cases, as soon as possible, but within three (c3) working days giving the name of the employee concerned and the reason for the discharge or discipline.
10.03 Such special grievance may be settled by confirming the Corporation's Board’s action or by reinstating the employee with full compensation for the time lost lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring Parties parties, or by the Arbitration BoardBoard of Arbitration.
(d) In 10.04 An employee covered by this Agreement shall have the event right to refuse to cross a picket line arising out of labour disputes involving Local 155 of the Canadian Union of Public Employees. Failure to cross such a picket line by a member of this Union shall not be considered a violation of this agreement, nor shall it be grounds for disciplinary action. However, an employee who is captured by Schedule “A” chooses not to cross the picket line shall not be paid for such time missed.
10.05 No letters or notices of this Agreement has their certification suspended by “the Base Hospital” (warning or any other governing body outside expression of the Corporation having the authority to take such action) to dissatisfaction concerning an employee’s work in the classification and level they were most recently assigned that is placed on any employee’s personnel record shall be used against him unless a copy of said letter or notice is given to the employment employee(s) concerned within five (5) days of the its origin. No such disciplinary record, including records of suspension can be used against an employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension after a period of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of have elapsed from the date upon of its origin during which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards no further disciplinary record or notation has been added to the employeremployee’s actions and the arbitration process included in this Agreement shall applypersonnel record.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable work, the employee shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelve
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 8.01 In the Corporation deems it necessary to censure event of an employee in writingwho has attained seniority being discharged from employment, in a manner indicating and the employee feeling that dismissal or suspension may followan injustice has been done, the Corporation case may be taken up as a grievance. Probationary employees may be terminated at the reasonable discretion of the Employer.
8.02 All such cases shall be taken up within five three (53) working days thereafter, give written particulars and disposed of such censure to the President within seven (7) days of the Union, with a copy to date the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspensionis notified of his discharge, giving the name of the employee concerned and the reason for the discharge or suspensionexcept where a case is taken to arbitration. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee employee, who has attained seniority, that they have he has been unjustly discharged or suffered a disciplinary suspension without just cause from his employment shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 the superintendent within three (3) working days after the discharge or suspension or within three (3) working days after employee ceases to work for the Union has been notified, whichever is the laterEmployer.
(c) 8.03 Such special grievance may be settled by confirming the CorporationManagement's action in dismissing the employee, or by reinstating the employee with full compensation for time lost lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring Parties or by the Arbitration Boardparties.
(d) In the event 8.04 If an employee who is captured by Schedule “A” of this Agreement has their certification to be suspended by “or dismissed the Base Hospital” (or any other governing body outside of Shop ▇▇▇▇▇▇▇ is to be present provided that if the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation ▇▇▇▇▇▇▇ is not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall apply.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable workimmediately available, the employee may have another employee of his choice from the Bargaining Unit attend with him. At the request of the employee, the Shop ▇▇▇▇▇▇▇ shall be laid off until such license present at any meeting which is reinstated. The Corporation shall retain the right held to grant suspend or deny any accommodation based on operational requirements. In the event that dismiss an employee or to give the employee has a written warning provided that if the ▇▇▇▇▇▇▇ is not resolved immediately available, the licensing employee may have another employee of his choice from the Bargaining Unit attend with him.
8.05 A copy of any written reprimand, notice of suspension or dismissal will be given to the Shop ▇▇▇▇▇▇▇.
8.06 The Employer agrees upon discovering a matter within twelvewhich may be the subject of discipline to deal with the matter in an expeditious manner. Failure to do so will not be the subject for arbitration nor render the discipline void.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 18.1 In the Corporation deems it necessary to censure event an employee, who has attained seniority, is discharged or disciplined and the employee in writing, in a manner indicating considers that dismissal or suspension may followan injustice has been done, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President matter may be taken up at Step 2 of the UnionGrievance Procedure. In such cases, with Manager or their nominee, shall ensure that a copy ▇▇▇▇▇▇▇ is requested to be present at the time the employee involvedis advised of the discipline or discharge.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later.
(c) Such grievance may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board.
(d) In the event an employee who is captured by Schedule “A” disciplined or discharged, the Union shall be notified promptly of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action.
(b) If an employee is suspended without pay pending investigation, a decision will be made by Management within three (3) days to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in confirm or cancel the suspension or to adjust the length of certification. Should the Corporation suspension, except that in extenuating circumstances when a decision cannot be able reached within three (3) days, Management and the Union will meet to make an accommodation in determine whether or not the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside returned to work during a period of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall applyfurther investigation.
(ec) In If the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable worksuspension is cancelled, the employee shall receive pay for all normal time lost. If the suspension is found to be laid off until such license is reinstated. The Corporation valid, the date of suspension shall retain be retroactive to the right first day of suspension.
18.3 Records pertaining to grant employee discipline will be removed from the employee’s personnel file on the third anniversary of each disciplinary action provided there have been no other disciplinary actions taken during the three year period in which case the disciplinary record will remain.
18.4 Where an employee’s grievance against their discharge or deny discipline duly comes before an Arbitration Board the Board may make a ruling,
(i) confirming the Corporation’s action, or
(ii) reinstating the employee with or without compensation for wages lost (except for the amount of any accommodation based on operational requirements. In the event that remuneration the employee has not resolved received elsewhere pending the licensing matter within twelvedisposition of their case), or
(iii) disposing the grievance in any other manner which may be just and equitable
Appears in 1 contract
Sources: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 8.01 Whenever the Corporation Employer (or representative of the Employer) deems it necessary to censure an employee in writing, in a manner indicating that dismissal may follow any repetition of the act complained of or suspension omission referred, or may followfollow if such employee fails to bring his/her work up to a required standard by a given date, the Corporation employee shall be given warning in the presence of his/her ▇▇▇▇▇▇▇ and the employee and the Union shall be advised promptly, in writing, of the reason for such warning.
8.02 When an employee is discharged or suspended, the employee shall be given the reason in the presence of his/her ▇▇▇▇▇▇▇. Such employee and the Union shall be advised promptly, in writing, by the Employer of the reason for such discharge or suspension.
(a) A claim by an employee that the employee has been unjustly disciplined shall be treated as a grievance at Step 2 of the Grievance Procedure provided that a written statement of such grievance is lodged with the Supervisor or designate within five (5) working days thereafter, give written particulars of such censure to the President of the Union, with a copy to the employee involved.
(a) The Corporation will notify the Union and the employee in all discharge disciplinary action or suspension cases as soon as possible and not later than five within (5) working days after the discharge or suspensionUnion has been notified, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing whichever is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislationlater.
(b) A claim by an employee that they have the employee has been unjustly discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of as in 8.03 (a) however, such grievance is shall be lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later3 in accordance with Article 7.04.
(c) 8.04 Such grievance may be settled by confirming the CorporationEmployer's action or by reinstating the employee with full compensation for time lost or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring Parties parties or by the Arbitration Board.
(da) In After eighteen (18) months following the event issuance of a letter of discipline, an employee may request, in writing, to the appropriate Plant Controller that such correspondence or record of disciplinary action, be removed from the employee’s personnel file, provided that there has been no further incidents of discipline within the eighteen (18) month period. Such disciplinary documentation will be removed and sent back to the employee for destruction. This article shall not apply to disciplinary actions taken with employees for inappropriate conduct towards students, unless the disciplinary action is subsequently altered through the grievance procedure.
(b) Notwithstanding (a) above, the Employer agrees that a letter of discipline (provided that there have been no further incidents of discipline within the eighteen (18) month period and except for disciplinary actions taken with employees for inappropriate conduct towards students) shall not be relied upon in any subsequent proceedings after eighteen (18) months following its issuance.
8.06 An employee, or designate in writing, may review their personnel employee file. The employee (or designate) shall make application in writing, to the Labour Relations Manager, who is captured by Schedule “A” shall upon receipt of the request arrange for access to the file within three (3) working days. Before being allowed to access their file, the employee (or his/her designate) shall be required to provide proof of identity. Either party of this Agreement has their certification suspended by “agreement may request that the Base Hospital” (or any other governing body outside of employee review the Corporation having the authority to take such action) to work file contents in the classification and level they were most recently assigned to the employment presence of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certificationa Union representative. Should the Corporation not be able to make an accommodation employee dispute the accuracy or completeness of any information contained in their file, the circumstance because Board shall on receipt of a lack of suitable available workwritten request by the employee to the Labour Relations Manager stating the alleged inaccuracy, either confirm or amend the affected information. An employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on make copies of any material contained in their personnel record in the unresolved issue presence of the Human Resources Manager or designate.
8.07 An employee wishing to have documents removed, as just cause for termination however the employee so affected referenced above in Article 8.06, shall have the right to file a grievance as regards make application, in writing, to the employer’s actions and Labour Relations Manager through the arbitration process included in this Agreement shall applyPresident of the Union.
(e) In 8.08 The Board agrees that employee files, including files containing medical information and information pertaining to Criminal Reference Checks, shall be kept in a secure location at the event Board’s Education Centre.
8.09 When an employee fails is required to maintain attend a disciplinary meeting at a location other than the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other employee's normal work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable worksite, the employee shall be laid off until such license is reinstated. The Corporation shall retain informed in advance of the right to grant purpose of the meeting, paid for their attendance (including travel allowance as provided for in Board policy) and shall, if he or deny any accommodation based on operational requirements. In she wishes, have a representative of the event that the employee has not resolved the licensing matter within twelveUnion present.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 11.01 The Board reserves the Corporation deems it necessary right to censure discipline or discharge an employee for just and sufficient cause. A claim by a seniority employee of unjust discipline or discharge shall be treated as a grievance and the grievance procedure shall be followed as outlined in writing, Article 9. Such grievances may be settled by confirming the Board’s action or by reinstating the employee under any arrangement which is just and equitable in a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President opinion of the Union, with a copy to conferring parties or the employee involvedArbitration Board.
(a) 11.02 The Corporation Board will notify the Union employee(s) and the employee Union of all anticipated discipline or discharge actions in all discharge or suspension cases as soon as possible and not later than five writing within fourteen (514) working days after of the discharge or suspension, event giving the name of the employee concerned and the reason for the discharge anticipated discipline or suspensiondischarge. The PartiesIn cases of discipline matters involving dismissal, including loss of pay or written warnings, the concerned employee(s), through their Union representative, agree to reasonably inform each other employee shall receive written notification of the material facts disciplinary action in discharge or suspension cases in a timely fashionthe presence of the Group Vice-President. To Where the extent possible, this information sharing Group Vice-President will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 available within three (3) working days after days, the discharge or suspension or within three (3) working days after Employer may require that the Union has been notified, whichever is discipline be given in the laterpresence of a different Grievance Committee Representative. Copies of all written warnings and notices of all disciplinary action shall be sent to the Group Vice-President and the National Representative.
(c) Such grievance may be settled by confirming the Corporation's action or by reinstating the 11.03 An employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board.
(d) In the event an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely have access during normal business hours to his/her personnel file upon written notice to the Co-ordinator of Personnel Services. Any disagreement as to the accuracy of information contained in the file may be subject to the Grievance Procedure and the eventual resolution thereof shall become part of the employee’s record. No evidence from the employee’s record may be introduced as evidence in any hearing, if such evidence relates to any disciplinary matter which took place more than twenty-four (24) months previous to the issue giving rise to the hearing. Notwithstanding the above, however, evidence relating to disciplinary action taken by the employer as a result of sexual or moral misconduct, may be considered.
11.04 The Board will schedule non-complaint meetings with employees during the employee’s hours of work. If such meetings are scheduled on the unresolved issue as just cause for termination however employee’s time, attendance at the employee so affected shall have meeting will be at the right to file a grievance as regards to the employeremployee’s actions and the arbitration process included in this Agreement shall applydiscretion.
(e) In 11.05 Where there is clear and convincing evidence of the event sexual harassment or sexual assault of a student by an employee fails employee, the stipulated penalty for this infraction shall be the discharge of the employee, and such termination shall be deemed to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspensionbe for just cause. Should there be clear and convincing evidence of the Corporation not be able to make an accommodation in the circumstance due to lack above, no Board of suitable work, the employee Arbitration shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelvevary this penalty.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 8.01 All grievances must contain a concise statement of the Corporation deems it necessary facts with the clause or clauses in this Agreement allegedly violated and the remedy sought.
8.02 If a discharged employee, other than a probationary employee, believes that his discharge was without just and sufficient cause, he may file a grievance which shall be immediately taken up at Stage Two of the Grievance Procedure, provided the grievance is filed within seven (7) calendar days from the date of discharge. The Company shall give notice in writing of the reasons for the discharge and the Company shall give a copy of the reasons to censure the employee at the time of the discharge and mail a copy of such notice to the Union Office.
8.03 If an employee is demoted as a result of discipline or disciplined in writinganother manner and he believes that such demotion or discipline is without just and sufficient cause, he may file a grievance. The Company will give notice in writing of the reasons for such demotion or discipline to an employee at the time of the demotion or discipline. The Union ▇▇▇▇▇▇▇ or his replacement shall be given copies of all disciplinary notices given to the employee at the time they are issued.
8.04 The Company shall take disciplinary action against an employee within ten (10) calendar day of the date of the incident or within ten (10) calendar days of the date on which management became aware of the incident.
8.05 When an employee, who is covered by this Agreement, is called into a meeting with management to investigate the employee's alleged misconduct or to impose discipline upon him or to discharge him, a Union ▇▇▇▇▇▇▇ shall be present during the meeting. Should the ▇▇▇▇▇▇▇ not be available, time limits as outlined in Article 8.04 shall be adjusted accordingly.
8.06 All disciplines shall be stricken from an employee’s record after being discipline free for eighteen (18) months.
8.07 If an employee is disciplined in a manner indicating that dismissal or suspension may followadversely affects his employment record, the Corporation Company shall within five (5) working days thereafter, give written particulars the ▇▇▇▇▇▇▇ or in his absence the alternate ▇▇▇▇▇▇▇ a copy of the disciplinary notice at the time it is issued and such censure notice shall also be forwarded to the President of the Union, with a copy to the employee involvedUnion Office.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. It is understood that the application of this provision is subject to privacy legislation.
(b) A claim by an employee that they have been discharged or suffered a disciplinary suspension without just cause shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later.
(c) Such grievance may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board.
(d) In the event an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall apply.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable work, the employee shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelve
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 12.01 The Employer agrees that, during the lifetime of this Agreement, subject to any directives of Agriculture Canada and/or of the Ontario Racing Commission and/or any other regulatory body under which Nordic Gaming Corporation deems must operate, it necessary to censure an will not discharge any employee in writingwho has attained seniority, in a manner indicating that dismissal or suspension may follow, except for such conduct on the Corporation shall within five (5) working days thereafter, give written particulars part of such censure to the President of the Union, with a copy to the employee involvedas shall be just and sufficient cause for such discharge.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. 12.02 It is understood and agreed, without limiting the Employer's rights to discharge employees, that:
(i) absence from employment by any employee save and except for sickness, accident, unavoidable circumstances or with leave of the Employer or
(ii) the fact that the application Employer is called upon to discharge an employee by reason of or arising from, the supervision of Agriculture Canada and/or provisions of The Racing Commission Act and Regulations thereunder and/or the Rules of Racing of the Ontario Racing Commission, referred to under Article 35 of this provision is subject Agreement and/or any other regulatory body under which Nordic Gaming Corporation must operate. and shall be conclusively deemed to privacy legislationbe just and sufficient cause for dismissal of the employee, provided that nothing herein shall prevent the employee going through the grievance procedure, to determine whether or not the employee has been so absent or the Employer so called upon.
(b) 12.03 A claim by a permanent employee on a Seniority List (eg. an employee who has successfully completed the probationary period), that they have he has been unjustly discharged or suffered a disciplinary suspension without just cause from his employment, shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources the Director, Food & Beverage Operations, or his designate at Step 2 within three five (35) working days days, excluding Saturdays, Sundays and Statutory Holidays, after the discharge or suspension or within three (3) working days after employee ceases to work for the Union has been notified, whichever is Employer. All preliminary steps of the later.
(c) grievance procedure prior to STEP NO. 2 will be omitted in such cases. Such grievance special grievances may be settled by confirming the Corporationmanagement's action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement, arrangement which is just and equitable equitable, in the opinion of the conferring Parties or by the Arbitration Boardparties.
(d) In the event 12.04 When an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporationbeen dismissed without notice, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation he shall have the right to rely interview his ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises, provided the ▇▇▇▇▇▇▇ is immediately available on the unresolved issue as just premises or, if not, can be reached immediately by telephone, in which case the interview will be a telephone interview.
12.05 The Employer shall provide the employee and the Union with a copy of any written warning or adverse report affecting the employee. Any reply by the employee shall become part of his record.
12.06 Whenever an employee is to be terminated, the ▇▇▇▇▇▇▇ shall be present at his dismissal and the employee shall be given the cause for dismissal, in writing. A copy of this termination however the employee so affected slip shall have the right to file a grievance as regards be forwarded to the employer’s actions Union Office and a copy will be given to the arbitration process included in this Agreement shall applyChief Shop ▇▇▇▇▇▇▇ and one of the Shop Stewards.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance 12.07 Where, in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue12.06 above, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable workno ▇▇▇▇▇▇▇ is available, the employee shall be laid off until such license is reinstatedgiven the cause for dismissal, in writing and copies of same shall be forwarded to the Union office. The Corporation shall retain grievor may request to have another Union member of his or her choice, agreeable to Management, at the right to grant meeting. If there is no mutual agreement on the choice of the other Union member, the meeting may be postponed until a ▇▇▇▇▇▇▇ is available.
12.08 Any letter of reprimand, suspension or deny any accommodation based on operational requirements. In other sanction will be removed from the event record of an employee two (2) years following the receipt of such a letter, suspension or sanction provided that the employee employee's record has not resolved been discipline free for the licensing matter within twelvepast two (2) years.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever 12.01 The Employer agrees that, during the lifetime of this Agreement, subject to any directives of Agriculture Canada and/or of the Ontario Racing Commission and/or any other regulatory body under which Nordic Gaming Corporation deems must operate, it necessary to censure an will not discharge any employee in writingwho has attained seniority, in a manner indicating that dismissal or suspension may follow, except for such conduct on the Corporation shall within five (5) working days thereafter, give written particulars part of such censure to the President of the Union, with a copy to the employee involvedas shall be just and sufficient cause for such discharge.
(a) The Corporation will notify the Union and the employee in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwise. 12.02 It is understood and agreed, without limiting the Employer's rights to discharge employees, that:
(i) absence from employment by any employee save and except for sickness, accident, unavoidable circumstances or with leave of the Employer or
(ii) the fact that the application Employer is called upon to discharge an employee by reason of or arising from, the supervision of Agriculture Canada and/or provisions of The Racing Commission Act and Regulations thereunder and/or the Rules of Racing of the Ontario Racing Commission, referred to under Article 35 of this provision is subject Agreement and/or any other regulatory body under which Nordic Gaming Corporation must operate. and shall be conclusively deemed to privacy legislationbe just and sufficient cause for dismissal of the employee, provided that nothing herein shall prevent the employee going through the grievance procedure, to determine whether or not the employee has been so absent or the Employer so called upon.
(b) 12.03 A claim by a permanent employee on a Seniority List (eg. an employee who has successfully completed the probationary period), that they have he has been unjustly discharged or suffered a disciplinary suspension without just cause from his employment, shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources the Director, Food & Beverage Operations, or his designate at Step 2 within three five (35) working days days, excluding Saturdays, Sundays and Statutory Holidays, after the discharge or suspension or within three (3) working days after employee ceases to work for the Union has been notified, whichever is Employer. All preliminary steps of the later.
(c) grievance procedure prior to STEP NO. 2 will be omitted in such cases. Such grievance special grievances may be settled by confirming the Corporationmanagement's action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement, arrangement which is just and equitable equitable, in the opinion of the conferring Parties or by the Arbitration Boardparties.
(d) In the event 12.04 When an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporationbeen dismissed without notice, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation he shall have the right to rely interview his ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises, provided the ▇▇▇▇▇▇▇ is immediately available on the unresolved issue as just premises or, if not, can be reached immediately by telephone, in which case the interview will be a telephone interview.
12.05 The Employer shall provide the employee and the Union with a copy of any written warning or adverse report affecting the employee. Any reply by the employee shall become part of his record.
12.06 Whenever an employee is to be terminated, the ▇▇▇▇▇▇▇ shall be present at his dismissal and the employee shall be given the cause for dismissal, in writing. A copy of this termination however the employee so affected slip shall have the right to file a grievance as regards be forwarded to the employer’s actions Union Office and a copy will be given to the arbitration process included in this Agreement shall applyChief Shop ▇▇▇▇▇▇▇ and one of the Shop Stewards.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance 12.07 Where, in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue12.06 above, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable workno ▇▇▇▇▇▇▇ is available, the employee shall be laid off until such license is reinstatedgiven the cause for dismissal, in writing and copies of same shall be forwarded to the Union office. The Corporation shall retain grievor may request to have another Union member of his or her choice, agreeable to Management, at the right to grant meeting. If there is no mutual agreement on the choice of the other Union member, the meeting may be postponed until a ▇▇▇▇▇▇▇ is available.
12.08 Any letter of reprimand, suspension or deny any accommodation based on operational requirements. In other sanction will be removed from the event record of an employee two (2) years following the receipt of such a letter, suspension or sanction provided that the employee's record has been discipline free for the past two (2) years.
12.09 At the request of an employee, the employee has not resolved and their ▇▇▇▇▇▇▇ (if requested) may have access to their employment file. It is understood that this shall occur on the licensing matter within twelveemployee’s own time and at a time mutually agreeable to management, unless such request arises from the course of a grievance investigation.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE AND DISCIPLINE CASES. 10.01 Whenever the Corporation deems it necessary to censure an employee in writing, in 8.01 All grievances must contain a manner indicating that dismissal or suspension may follow, the Corporation shall within five (5) working days thereafter, give written particulars of such censure to the President concise statement of the Unionfacts with the clause or clauses in this Agreement allegedly violated and the remedy sought.
8.02 If a discharged employee, with other than a probationary employee, believes that his discharge was without just and sufficient cause, he may file a grievance which shall be immediately taken up at Stage Two of the Grievance Procedure, provided the grievance is filed within seven (7) calendar days from the date of discharge. The Employer shall give notice in writing of the reasons for the discharge and the Employer shall give a copy of the reasons to the employee involvedat the time of the discharge and mail a copy of such notice to the Union Office.
8.03 If an employee is demoted as a result of discipline or disciplined in another manner and he believes that such demotion or discipline is without just and sufficient cause, he may file a grievance. The Employer will give notice in writing of the reasons for such demotion or discipline to an employee at the time of the demotion or discipline. The Union ▇▇▇▇▇▇▇ or his replacement shall be given copies of all disciplinary notices given to the employee at the time they are issued. A copy shall also be forwarded to the Union Office at this time.
8.04 The Employer shall take disciplinary action against an employee within seven (7) calendar day of the date of the incident or within seven (7) calendar days of the date on which management became aware of the incident. In the event the employee is not working during the seven (7) calendar day period, such period shall be extended to include the employee’s return date. The Union and the Employer may mutually agree to extend the above noted time limit by no more than 3 calendar days in order to conduct an investigation.
8.05 When an employee, who is covered by this Agreement, is called into a meeting with management to investigate the employee's alleged misconduct or to impose discipline upon him or to discharge him, a Union ▇▇▇▇▇▇▇ shall be present during the meeting. Should the ▇▇▇▇▇▇▇ not be available, time limits as outlined in Article 8.04 shall be adjusted accordingly.
(a) The Corporation will notify the Union All written notices of discipline that are twelve (12) months old shall not thereafter form part of an employee's record and the employee shall not be admissible in all discharge or suspension cases as soon as possible and not later than five (5) working days after the discharge or suspension, giving the name of the employee concerned and the reason for the discharge or suspension. The Parties, including the concerned employee(s), through their Union representative, agree to reasonably inform each other of the material facts in discharge or suspension cases in a timely fashion. To the extent possible, this information sharing will take place prior to the implementation of any discharge or suspension actions, unless circumstances warrant immediate action. Information sharing is not intended to impact time limits under the collective agreement unless mutually agreed otherwiseevidence at Arbitration. It is understood that the application of this provision is subject does not apply to privacy legislation.suspensions;
(b) A claim by All suspensions that are more than eighteen (18) months old shall not thereafter form part of an employee that they have been discharged or suffered a disciplinary suspension without just cause employee's record and shall be treated as a grievance if a written statement of such grievance is lodged with Human Resources or designate at Step 2 within three (3) working days after the discharge or suspension or within three (3) working days after the Union has been notified, whichever is the later.
(c) Such grievance may be settled by confirming the Corporation's action or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just and equitable in the opinion of the conferring Parties or by the Arbitration Board.
(d) In the event an employee who is captured by Schedule “A” of this Agreement has their certification suspended by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action) to work in the classification and level they were most recently assigned to the employment of the employee with the Corporation, the Corporation shall first attempt to make reasonable accommodation into other work while the employee so affected makes efforts to resolve the issues which resulted in the suspension of certification. Should the Corporation not be able to make an accommodation admissible in the circumstance because of a lack of suitable available work, the affected employee shall be laid off until such certification is reinstated by “the Base Hospital” (or any other governing body outside of the Corporation having the authority to take such action). In all instances of decertification the Parties agree to meet to discuss the possibility of an appropriate accommodation in the circumstance. The Corporation shall retain the unfettered right to grant or deny any accommodation based on operational requirements. In the event the affected employee’s suspended certification mentioned above has not been resolved within twelve (12) months of the date upon which the suspended certification was imposed the Corporation shall have the right to rely on the unresolved issue as just cause for termination however the employee so affected shall have the right to file a grievance as regards to the employer’s actions and the arbitration process included in this Agreement shall applyevidence at Arbitration.
(e) In the event an employee fails to maintain the appropriate license to operate an Ambulance in the Province of Ontario the Employer shall first attempt to accommodate the affected employee in other work while the employee attempts to resolve the issue, which resulted in the suspension. Should the Corporation not be able to make an accommodation in the circumstance due to lack of suitable work, the employee shall be laid off until such license is reinstated. The Corporation shall retain the right to grant or deny any accommodation based on operational requirements. In the event that the employee has not resolved the licensing matter within twelve
Appears in 1 contract
Sources: Collective Agreement