Common use of DISCHARGE AND DISCIPLINE Clause in Contracts

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An Section 1. In cases of discharge or discipline, a representative of Management shall give prompt notice thereof to the employee and the employee's ▇▇▇▇▇▇▇ or other Union representative. Such notice shall be confirmed in writing within three (3) working days following the day of discharge or imposition of discipline, with seniorityexcluding Saturdays, who is discharged for any reason whatsoeverSundays, holidays, and feels that he/she has been unjustly dealt withthe day of occurrence. In cases of letters of warning, such letters shall be given to the employee affected and a copy thereof to such employee's ▇▇▇▇▇▇▇ or other Union representative. Section 2. The affected employee will be given allowed to discuss their discharge or discipline with their ▇▇▇▇▇▇▇, or other Union representative, and Management will make available an opportunity of meeting with his/her Committeeperson before he/she area where the employee may do so if the employee is required to leave the premises. a. In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than two (2) years previously, provided the employee is not subjected to disciplinary action (excluding letters of warning), during the two (2) year period, nor impose discipline on an employee for falsification of their employment application after a period of two (2) years from their date of hire. IfIn the event an employee completes two (2) years of service without a disciplinary action, because letters of warning and/or suspensions over two (2) years old shall be permanently removed from their personnel file upon request to the Human Resources Director. b. Every employee shall be entitled to and shall receive a copy of any and all notices, reports, complaints, or other information filed by any employee, citizen, supervisor or any other City officer or Department or Division Head in the employee's personnel record which relates to, is, or may be made the basis for disciplinary action up to and including discharge of such employee by the City. The provisions of the nature Employee Right to Know Act (Act #397 of P.A. 1978) shall apply to City personnel records. c. Any employee appearing in a hearing before the City Manager pursuant to the City Charter shall be entitled to Union representation upon request. A Union representative acting pursuant to such a request shall be allowed reasonable time therefore during working hours without loss of time or pay. The City Manager or designee will endeavor to render a decision within twenty-one (21) days of the offense or situation, it is necessary hearing. The City Manager may extend the time to require render a decision by providing the removal Union with written notification of the extension. a. The following procedure shall be followed when an employee is given written notice from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided Management that the employee was unjustly dismissedis discharged, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitrationdemoted, as herein providedor reduced in rank or compensation, the Arbitrators shall be empowered to eitheror suspended without pay: (1) Uphold If the dischargeemployee elects to file a grievance, orthe employee shall file the grievance in accordance with the provisions of the grievance procedure at Step 2. (2) Reinstate Section 5. If Management has the reason to warn or reprimand an employee, who may it shall be awarded up to his/her full seniority and/or compensated for lost paydone in a manner that is consistent with good employee relationship principles. Upon request, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which a copy of disciplinary measures against the employee are involved, such employee action will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineGrievance Committee Chairperson.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, Section 1. It is mutually agreed that no employee who is has been employed beyond six (6) months will be discharged for any reason whatsoeveror disciplined without just and adequate cause, and feels that such cause shall be subject to the provisions of the grievance procedures of this Agreement. Section 2. It is also understood that any charge levied by the employer against any employee will be substantiated with a reasonable amount of proof. Section 3. Except in emergency situations, the employer will notify the Union Business Representative and the Divisional Chairperson in writing, normally within three regular working days, when it discharges an employee. The employer will give the employee the reasons for such discharge. Except when an employee requests confidentiality, the University will also notify the Union when it takes other disciplinary action unless such action is taken verbally. Section 4. Unless such case of discharge or discipline is processed through the normal grievance procedure within seven (7) calendar days (excluding holidays) of the date of such discharge or discipline, such action shall be deemed as taken for just cause. Section 5. It is agreed by and between the Employer and the Union that warning and suspension letters shall be removed from the employee's personnel file twelve months after issuance of the letter, providing there are no additional suspensions or warnings in that year, in which event the year starts over again. Section 6. Health insurance coverage will continue for a suspended employee throughout the period of suspension. Section 7. Whenever an employee is called to an investigatory interview which he/she reasonably believes could lead to discipline, he/she has been unjustly dealt withthe right to have a union representative present, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working dayif desired. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (union representative is desired but is not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedimmediately available, the Arbitrators shall University may delay the interview until the first available representative can be empowered to either: (1) Uphold the dischargepresent, or (2) Reinstate or may proceed without interviewing the employee, who or may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyoffer the employee the choice of having the interview proceed without a representative present. 5.2 In Section 8. The University agrees to discipline or discharge an employee within a reasonable period of time following the event that an employee with seniority is called for an interview by Management in which disciplinary measures against gave rise to the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to discipline or discharge or when the University reasonably should have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because known of the nature of event which gave rise to the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson discipline or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinedischarge.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An a. After completion of the probationary period, employees may be discharged, disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have an EASMC representative present at any disciplinary conference. b. Any written discipline shall include provision for the employee to sign that they have received the disciplinary material. The employee, with seniority, who is discharged for any reason whatsoever, and feels ’s signature indicates that he/she a copy has been unjustly received, not that the employee necessarily agrees with the content. The employee has 15 workdays to respond in writing to any disciplinary communication. For good cause, the Department of Human Resources may grant an extension of the time for the employee to respond to a disciplinary communication. c. The principal, site administrator, or department head shall inform the employee in writing of the intent to recommend suspension or discharge. d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt withwith at the lowest organizational level. e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given an opportunity a copy of meeting with his/her Committeeperson before he/she is the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will be required to leave sign the premises. If, because material acknowledging receipt of the nature copy. f. In order to respect the rights of the offense all persons involved, employees will be afforded due process. g. Any parent, student, or situation, it is necessary other third person complaints made to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, any member of the Union Executive) administration that are used in any manner in evaluating such personnel will be notified before such action investigated and called to their attention, unless the investigation is taken. Such action will subsequently be confirmed with being conducted by a law enforcement agency or the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest hisDepartment of Social Services/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyChild Protective Services. 5.2 In the event h. Anonymous complaints that an employee with seniority is called for an interview by Management in which disciplinary measures have not been verified shall not be used against the employee are involved, such in matters of discipline or evaluation. i. Any non-probationary employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If found by the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedSuperintendent, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penaltyBoard, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been Public School Employees Labor Relations Board to be unjustly suspended or discharged shall if he/she so requestsbe reinstated with full compensation for all lost time and with full restoration of all rights and conditions of employment. j. Any information contained in the employee’s site file shall be shredded upon the permanent departure of a sitting site administrator from that site and prior to the arrival of the new site administrator at that same site, except in the case where a site administrator does not complete the school year at the location. In that case, the file will be permitted an interview with stored in Human Resources, separate from the Plant Chairperson official personnel file, for its use only during that school year as site file content. Contents will be shredded at the end of the school year. k. Unless the employee has consented in advance, discussions related to employee performance, discipline, and/or employment shall be conducted in private and only in front of other individuals who either supervise the employee or Plant Committeeperson, if on shift, in an office provided who are specifically designated by the CompanySuperintendent to handle matters of employee discipline, before leaving the Plant. If because of the nature of the offenceemployment, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineand/or performance.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels 14.01 A claim by an employee that hes/she he has been unjustly dealt withdischarged suspended with or without pay or laid off, will be given an opportunity (providing, in the case of meeting with discharge, where s/he has not completed his/her Committeeperson before he/she probation, the standard as set out in Article 6.01(b) shall apply) shall be treated as a grievance if a written statement of such grievance is required to leave lodged with the premises. If, because Employer at Step #2 of the nature grievance procedure within ten (10) days after the date of discharge, suspension with or without pay or layoff is effected. 14.02 In cases of discharge or suspension with or without pay, the employee and the Union will be made aware of the offense or situationreasons for such action, it is necessary prior to require its taking place, the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) action will be notified before such action is taken. Such action will subsequently be confirmed with in writing to the employee and the Union, in writing, within one (1) working day. If The Employer will contact the Union to schedule such a meeting. The Employer will ascertain the Union’s availability for such a meeting. The discussion will be between the employee should then and his/her immediate supervisor. The employee shall have the right to have a Union Representative present at any such discussion. At any interview where the Employer confirms its actions in discharging or suspending an employee without pay or converts a suspension with pay to a suspension without pay or termination a Union Representative shall be present during such interview unless the employee does not wish to protest the Union Representative present and confirms this by signing Appendix “A” attached hereto in the presence of a Union ▇▇▇▇▇▇▇. Where a Union Representative is not present, the Union will be advised in writing of the Employer’s action. 14.03 Such special grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Employer's action in dismissing the employee; or (b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost less any compensation received from any source during the period from the date of his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, reinstatement; or (3c) Substitute some lesser penaltyby any other arrangement which may be deemed just and equitable. 5.2 14.04 The Employer agrees not to administer this Article arbitrarily, discriminatorily or in bad faith. 14.05 Where an employee is directed or requested to attend an investigation meeting with Human Resources or an external investigator as a complainant or to act as a witness under one of the Employer’s internal processes, the Employer shall advise the employee of her/his right to bring a Union representative. If the Employee elects to bring a Union representative to such meeting, the Union shall notify Human Resources or the investigator in advance. In the event that the Union representative is or is likely to be a party to or participant in the investigation, an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee alternate Union representative will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided assigned by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineUnion.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeEmployees hired on or after the effective date of this Agreement shall un- dergo a 60 day trial period, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity except those hired as a result of meeting with his/her Committeeperson before he/she is required to leave a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the premisestrial period. If, because Upon successful conclusion of the nature trial period, the Employee’s seniority date shall be the first date worked. Absent just cause, the Employer may not discharge or discipline, an em- ployee who has completed his trial period. The Employer shall conduct its own investigation of the offense circumstances surrounding the alleged miscon- duct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed. 4.7 Upon the request of an Employee, the Union, through union staff or situationstew- ards, it is necessary shall have the opportunity to require be present for all investigative meetings involving employees. Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or final warn- ings the period shall be 24 consecutive months from the date of the sus- pension or final warning. If the customer demands the removal of an employee from its account, the premises, then his/her Committeeperson (or in his/her absence, member Employer may remove the employee from further employment at the ac- count. The Employer will advise the Union of the information it has relating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A man- agement official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with may challenge the employee bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer insti- gation, provided, however, that in any arbitration on the Union’s challenge, in writing, within one (1) working day. If order to establish the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice bona fides of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided its contention that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate customer requested removal of the employee, who may be awarded up the Employer need not call custom- er employees or representatives as witnesses and can rely upon hearsay evidence. With respect to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against removed pursuant to a customer request, unless the Employer has cause to discharge the employee, the Em- ployer will place the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have in a Committeeperson present job at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation another account for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job of- fered by the Employer is not at comparable pay and benefits, the employee may choose to disciplineplace their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be lim- ited to, the following: A. Theft. B. Possession of unlawful, prohibited or dangerous weapons. 4.8 5.2 No employee shall leave her or his assigned post or take any break without the prior approval of the employee’s supervisor or the Employer’s manager and without proper relief in attendance. The Employer shall provide rea- sonable relief to employees. Employees shall conduct themselves professionally at all times while on airport property.

Appears in 2 contracts

Sources: Security Officers Agreement, Security Officers Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will 1. Registered Nurses shall be given an opportunity a copy of meeting with his/her Committeeperson before he/she all written disciplinary warning notices, including written oral warning notices, issued to them. 2. The Employer recognizes the reasonably exercised right of a Registered Nurse, upon request, to have a chapter representative present at a disciplinary interview by management wherein a response by the Registered Nurse is required to leave the premises. If, because of the nature of the offense or situation, and wherein it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such reasonably anticipated that disciplinary action will subsequently result to that Registered Nurse and such chapter representative is reasonably available, provided that this right does not extend to investigatory or fact finding interviews, consultations or counseling sessions even though some disciplinary action could result after or on the basis of such investigation, fact finding or consultation. An interview, etc., at which the right to have a chapter representative is not afforded upon request, shall not be confirmed with considered, or included in the employee and Employee's personnel file as a disciplinary interview or other form of progressive discipline. 3. No Employee shall lose normal or regular pay for attending a disciplinary hearing or conference held at the Union, in writing, within one (1) Hospital during the Employee's working dayhours. If the employee should then wish Hospital requires an investigatory interview during non-working time, the Registered Nurse will be paid at the straight time rate. 4. The Employer shall have the right to protest his/her discharge or discipline any Registered Nurse for just cause. The Employer will notify the Union in writing of any discharge within forty-eight (as a grievance), he/she shall, within 72 48) hours (not including SaturdaySaturdays, Sunday or Statutory Sundays and Holidays) or from the time of such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upondischarge. 5. If the employee's grievance is processed through discharge of an Employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. 6. The term "patient" for the purpose of this Agreement shall include those seeking admission and those seeking care or treatment in clinics or emergency rooms, as well as those already admitted. 7. All time limits herein provided, the Arbitrators specified shall be empowered to either: (1) Uphold the dischargedeemed exclusive of Saturdays, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltySundays and Holidays. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee8.1 A regular employee may be disciplined or discharged only for just cause and in a fair, with seniority, who impartial and consistent manner as established by the City. It is discharged for any reason whatsoever, understood by the parties that employees are subject to all Rules and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because Regulations of the nature City and of the offense Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or situationdisciplinary actions involving discharge, it is necessary demotion, probation and suspension shall be furnished to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and the Union, in writing, within one (1) working dayreceipt of such reprimand. If the employee should then wish refuses to protest sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (as 10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a grievance)non-criminal nature concerning an employee’s alleged conduct toward a citizen, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her which complaint is made solely by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined citizen in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she question and shall be reinstated investigated on a verbal basis unless and may be compensated for lost wages as may be agreed upon. If the employee's grievance until some corroborating evidence is processed through arbitration, as herein providedobtained. 8.6 When imposing incremental discipline, the Arbitrators shall be empowered to eitherChief will not: (1) Uphold Use prior infractions of the discharge, orsame rule that have occurred more than two years from the date of the current violation under consideration. (2) Reinstate Use any verbal or written warning involving the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In same rule that occurred more than one year from the event that an employee with seniority is called for an interview by Management in which disciplinary measures against date of the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interviewcurrent violation under consideration. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedHowever, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two above 8.6 (1) & (2) working daysmay be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. (Monday Notice will be provided by I.A. to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to disciplinethe employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the employer representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time as a representative is available. 7.6 A discipline shall not be issued more than twenty five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: personnel record after twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeepersonmonths, if on shiftthere are no further disciplines for "no-call, in an office provided by no- show"during the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two twelve (212) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinemonth period.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. When the Employer deems it necessary to discipline/discharge an Employee, with seniorityfor just cause, the Employer shall inform the Employee and the Union of the allegation in writing in advance of a due process meeting. The Employee shall request Union representation. Employees who is discharged for opt not to have Union representation shall sign a waiver of representation prior to any reason whatsoeverdue process meeting. In the event an Employee opts not to have Union representation and refuse to sign the waiver, and feels that he/she has been unjustly dealt with, Union representation will be given provided. At any time during the due process an opportunity employee can rescind their wavier of meeting representation. B. The employer agrees upon the discharge or suspension of a seniority employee to notify in writing the President of the Association of the discharge or suspension. C. The discharged or suspended employee will be allowed to discuss the discharge with his/her Committeeperson the Association representative of the department and the employer will make available an area where they may do so before he/she said employee is required to leave the premises. If, because property of the nature of employer. Upon request, the offense employer or situation, it is necessary to require its representative will discuss the removal of an employee from the premises, then his/her Committeeperson (discharge or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed suspension with the employee and the UnionAssociation representative. D. If the seniority employee and Association representative believes the discharge or suspension to be improper, in writing, they must file a written request for a review of this matter to the Superintendent/Designee. This request must be filed within one five (15) regularly scheduled working days after the discharge or suspension is received by the employee or Association Representative. A meeting to hear this matter shall be scheduled within ten (10) working day. If days of the employee should then wish to protest written request. E. The Superintendent/Designee shall give his/her discharge answer within five (as a grievance)5) regularly scheduled working days after the hearing indicated in Section D above. F. If the answer is not acceptable to the seniority employee, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed the matter may be referred to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning procedure commencing at Step 2 Three within five (Section 4.4)5) working days of the answer given by the Superintendent/Designee. G. All concerns and complaints regarding any discharge or suspension of seniority employees must be processed as identified above; otherwise, it will not be a proper subject for the grievance procedure. H. No material derogatory to an employee's conduct, service, character or personality shall be placed in their personnel file unless the employee has had an opportunity to read such material. If subsequently it is decided The employee shall acknowledge that the material has been read by affixing their signature to the actual copy to be filed with the understanding that such signature merely signifies that the employee was unjustly dismissed, he/she shall read the material to be reinstated filed and may does not necessarily indicate agreement with its contents. Exceptions to this policy will be compensated made only in case of documents which are prepared for lost wages as may be agreed uponan arbitration hearing or which are a matter of public record or official Board action. If Upon the employee's grievance is processed through arbitrationwritten request to the Superintendent, as herein provided, the Arbitrators shall letters of reprimand will be empowered to either: (1) Uphold the discharge, or (2) Reinstate removed from the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or 's personnel file five (35) Substitute some lesser penaltyyears from date of inclusion in the file. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

DISCHARGE AND DISCIPLINE. 5.1 An The employer may discipline or discharge an employee for just cause. When an employee is the subject of discipline, the employer will serve charges and specifications upon the employee. Within ten (10) days of presentation of charges, the member either accepts the proposed penalty or serves written answers with senioritynotice of intent to arbitrate. Immediately upon receipt of notice of intent to arbitrate, who is discharged the County shall notify the next name on the appended list of five (5) arbitrators. In the event of charges recommending termination, the member shall be suspended without pay for any reason whatsoeverthirty (30) days and thereafter be returned to the payroll pending the arbitrator’s decision for a period not to exceed ninety (90) days after which he or she shall again be suspended without pay. Should the County fail to notify the proper Arbitrator within ten (10) days of receipt of the Union’s notice of intent to arbitrate, and feels that he/she the suspended employee will continue to be on paid leave until such time the proper Arbitrator has been unjustly dealt withnotified. The parties will make every reasonable effort to conclude the arbitration proceedings within one hundred and twenty (120) days of the presentation of the charges. Whenever an employee is subject to any interview, will interrogation and/or investigation that could result in disciplinary charges, the following shall be given observed: 1. The interview shall be at a reasonable hour, preferably when the employee is on duty. 2. The interview shall be conducted at a location designated by the Sheriff or his designee. Said interview shall not take place at an opportunity employee's home unless the urgency of meeting with his/her Committeeperson before he/she is required to leave the premisesinvestigation dictates otherwise. 3. If, because The employee shall be informed of the nature of the offense investigation at the onset of the interview along with the allegations made against him or situation, it is necessary her. 4. A copy of all reports submitted by the employee regarding said investigation shall be made available to require the removal employee in a timely manner. 5. An employee shall have the right to have present as his or her representative an attorney and/or a representative of an the Association. An employee from may waive such representation. Such waiver shall be in writing and shall be executed prior to the premises, then start of the interview. The employee shall be provided with a copy of his/her Committeeperson (waiver and a copy shall be provided the Association. The employee or in his/her absence, member representative may make a statement at the conclusion of the Union Executive) interview. The employee's representative shall not impede or interfere with the investigation and/or interview. The interview shall be completed within a reasonable period of time, with allowance for personal necessities, meals and telephone calls as are reasonably necessary. 6. The complete interview of the employee shall be recorded, either mechanically or by stenographer, upon the request of either the employee or the investigating officer. When the interview is recorded there will be notified before such action is takenno "off the record" questions. Such action will subsequently be confirmed Discussions may take place "off the record" with the consent of both parties. All recesses called during the interview shall be duly noted. The employee shall have the right to a copy of any statement given. 7. An employee cannot be ordered or compelled to submit to a polygraph or voice stress analyzer. 8. Prior to the filing of department charges, an employee shall be given the opportunity to be heard and be given copies of the Union, in writing, within one (1) working dayDepartment’s investigation materials. If Additional information and materials may then be submitted by the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltybefore charges are filed. 5.2 In the event that an employee with seniority 9. Unless there is called for an interview by Management in which disciplinary measures against the employee are involvedjust and sufficient cause, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators locker shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in opened for any subsequent incidents in which reason, including inspection, without the employee is subject to disciplineor a union representative present. Nothing contained herein shall preclude the Employer from opening the locker with a valid search warrant.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 Discipline and/or counseling will normally be carried out in a manner, which does not embarrass an employee. Neither formal nor informal counseling are considered to be a disciplinary action, but are considered efforts to identify and correct deficiencies or improve performance. An employee, with seniority, employee who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, receives a formal record of counseling will be given an opportunity permitted a period of meeting ten (10) calendar days within which to prepare a written rebuttal; and the supervisor who prepared the counseling will review the documents prior to placing them in the affected employee’s personnel file. The parties agree to the principle that employee discipline should be conducted in accordance with his/her Committeeperson before he/she is required to leave a progressive discipline approach in which progressive disciplinary action will be taken for repeated similar or related offenses, except where the premises. If, because course of conduct or the nature severity of the offense justifies otherwise. Any disciplinary action instituted under this section shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or situationknowledge thereof. No non-probationary employee shall be removed, it is necessary to require the removal of an employee from the premisesdischarged, then his/her Committeeperson (reduced in rank or in his/her absencepay, member suspended, or otherwise disciplined except for just cause. Employees being disciplined must be furnished with a written statement of the charges or reason for the discipline. If requested by the employee, a copy of the written statement must be provided to a Union Executive) will representative. Any written reprimand shall be notified before such action is taken. Such action will subsequently be confirmed with furnished to the employee and shall state the Union, in writing, within one (1) working dayreason for the reprimand. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such The employee will be given notice priorrequested to sign the reprimand in order to acknowledge awareness of it, and if he or she refuses to enable him/her if he/she so desiressign it, the refusal shall be noted and placed in the employee’s personnel file. An employee’s signature on a written reprimand shall constitute an acknowledgement of an awareness of the reprimand, and not an agreement with the basis for the reprimand. Employees shall be able to file a grievance through step II of the grievance procedure. Employees have a Committeeperson present the right to review their own personnel file at such an interviewreasonable times under supervision of the designated custodian. If Employees shall have the employee is suspended and wishes right to grieve his/her the disciplinary actions of suspension, he/she shall within 72 hours (not including Saturdaydemotion, Sunday reduction in rank for cause stated, or Statutory Holidays) submit dismissal by utilizing the grievance at Step 2. The suspension will and arbitration rights provided herein. A. City of Pensacola shall have the right to bring discipline within 30 days of the event giving rise to the discipline or 30 days upon the closure of an investigation should an investigation be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration deemed necessary.. B. Counseling included as herein provided, the Arbitrators progressive discipline shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation valid for lost pay. Any seniority employee who has been suspended or discharged 1-year. C. All other forms of discipline shall if he/she so requests, only be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinevalid for 3-years.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 Section 1. The purpose of discipline is to correct employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An employeeaction must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing. Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand. Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, with seniorityno single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension. Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the employee should then wish to protest his/her discharge Board within ten (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays10) or such working days of notice of discharge having dismissal. A probationary employee shall not have the right to appeal a dismissal. Section 5. Upon being informed that an employee has been mailed to him/her by certified post to his last address shown on the Personnel Office recordsaccused of behavior which, submit a written grievance (as defined in Step 1if substantiated, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall would be reinstated and may be compensated just cause for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provideddismissal, the Arbitrators Department Head shall be empowered have the option of suspending an employee without pay for a period not to either: exceed thirty (130) Uphold calendar days for the dischargepurpose of investigation of the accusation, or (2) Reinstate provided that if after investigation the Department Head determines to dismiss the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given he shall give written notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offencedismissal in accordance with Section 4, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.and if after investigation

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ 7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the employer representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: personnel record after twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeepersonmonths, if on shiftthere are no further disciplines for "no-call, in an office provided by no-show" during the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two twelve (212) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinemonth period.

Appears in 2 contracts

Sources: Service and Maintenance Agreement, Service and Maintenance Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeThe Employer agrees that, except for probationary Employees and in circumstances as set forth below, the concept of progressive discipline is here by adopted to govern disciplinary action. It is also understood and agreed that the Employer reserves the right to suspend or discharge an Employee for a serious infraction without instituting progressive discipline, provided however; non-probationary Employees shall retain recourse to the grievance procedure. It is also understood and agreed that the Employer will review annually and amend as necessary changes to the applicable policies governing discipline with senioritya copy of amended or otherwise revised changes to said policy provided to the Union. The Union maintains all rights to bargain any and all changes to the policies, procedures, rules and regulations as provided by the law. Section 8.2 Any non-probationary Employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. 1. The Employer agrees to promptly notify the Union in writing of such suspension or discharge. Such notice will contain the reasons underlying the suspension or discharge. 2. It is understood and agreed that when an Employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. 3. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. 4. The discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, or disciplined Employee will be given allowed to discuss his discharge or discipline with the ▇▇▇▇▇▇▇ or alternate ▇▇▇▇▇▇▇ of the group and the Employer will make available an opportunity of meeting with his/her Committeeperson area where he may do so before he/she he is required to leave the premises. If, because property of the nature of Employer. Upon request, the offense Employer or situation, it is necessary to require his designee will discuss the removal of an employee from the premises, then his/her Committeeperson (discharge or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed discipline with the employee Employee and the Union, in writing, within one (1) working day. ▇▇▇▇▇▇▇ or Alternate ▇▇▇▇▇▇▇. Section 8.3 If the employee should then wish to protest his/her discharge (as Employer believes that an Employee has violated a grievance), he/she shall, within 72 hours (not including Saturday, Sunday department rule or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedrules, the Arbitrators Employer shall be empowered to either: (1) Uphold promptly notify the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyEmployee of such. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. When the Employer deems it necessary to discipline/discharge an Employee, with seniorityfor just cause, the Employer shall inform the Employee and the Union of the allegation in writing in advance of a due process meeting. The Employee shall request Union representation. Employees who is discharged for opt not to have Union representation shall sign a waiver of representation prior to any reason whatsoeverdue process meeting. In the event an Employee opts not to have Union representation and refuse to sign the waiver, and feels that he/she has been unjustly dealt with, Union representation will be given provided. At any time during the due process an opportunity employee can rescind their wavier of meeting representation. B. The employer agrees upon the discharge or suspension of a seniority employee to notify in writing the President of the Association of the discharge or suspension. C. The discharged or suspended employee will be allowed to discuss the discharge with his/her Committeeperson the Association representative of the department and the employer will make available an area where they may do so before he/she said employee is required to leave the premises. If, because property of the nature of employer. Upon request, the offense employer or situation, it is necessary to require its representative will discuss the removal of an employee from the premises, then his/her Committeeperson (discharge or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed suspension with the employee and the UnionAssociation representative. D. If the seniority employee and Association representative believes the discharge or suspension to be improper, in writing, they must file a written request for a review of this matter to the Superintendent/Designee. This request must be filed within one five (15) regularly scheduled working days after the discharge or suspension is received by the employee or Association Representative. A meeting to hear this matter shall be scheduled within ten (10) working day. If days of the employee should then wish to protest written request. E. The Superintendent/Designee shall give his/her discharge answer within five (as a grievance)5) regularly scheduled working days after the hearing indicated in Section D above. F. If the answer is not acceptable to the seniority employee, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed the matter may be referred to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning procedure commencing at Step 2 Three within five (Section 4.4)5) working days of the answer given by the Superintendent/Designee. G. All concerns and complaints regarding any discharge or suspension of seniority employees must be processed as identified above; otherwise, it will not be a proper subject for the grievance procedure. H. No material derogatory to an employee's conduct, service, character or personality shall be placed in their personnel file unless the employee has had an opportunity to read such material. If subsequently it is decided The employee shall acknowledge that the material has been read by affixing their signature to the actual copy to be filed with the understanding that such signature merely signifies that the employee was unjustly dismissed, he/she shall read the material to be reinstated filed and may does not necessarily indicate agreement with its contents. Exceptions to this policy will be compensated made only in case of documents which are prepared for lost wages as may be agreed uponan arbitration hearing or which are a matter of public record or official Board action. If Upon the employee's grievance is processed through arbitrationwritten request to the Superintendent, as herein provided, letters of reprimand will be removed from the Arbitrators employee's personnel file five (5) years from date of inclusion in the file. I. The employee shall have the right to answer any material filed and the employee's answer shall be empowered attached to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyfile copy. 5.2 In J. The employee may examine their personnel file in the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because presence of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineemployer by appointment.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels 14.01 A claim by an employee that he/she has they have been unjustly dealt withdischarged suspended with or without pay or laid off, (providing, in the case of discharge, where they have not completed their probation, the standard as set out in Article 6.01(b) shall apply) shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at Step #2 of the grievance procedure within ten (10) days after the date of discharge, suspension with or without pay or layoff is effected. 14.02 In cases of discharge or suspension with or without pay, the employee and the Union will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because made aware of the nature of reasons for such action, prior to its taking place, the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) action will be notified before such action is taken. Such action will subsequently be confirmed with in writing to the employee and the Union. The Employer will contact the Union to schedule such a meeting. The Employer will ascertain the Union’s availability for such a meeting. The discussion will be between the employee and their immediate supervisor. The employee shall have the right to have a Union Representative present at any such discussion. At any interview where the Employer confirms its actions in discharging or suspending an employee without pay or converts a suspension with pay to a suspension without pay or termination a Union Representative shall be present during such interview unless the employee does not wish the Union Representative present and confirms this by signing Appendix “A” attached hereto in the presence of a Union ▇▇▇▇▇▇▇. Where a Union Representative is not present, the Union will be advised in writingwriting of the Employer’s action. 14.03 Such special grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Employer's action in dismissing the employee; or (b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost less any compensation received from any source during the period from the date of their discharge to their reinstatement; or (c) by any other arrangement which may be deemed just and equitable. 14.04 The Employer agrees not to administer this Article arbitrarily, within discriminatorily or in bad faith. 14.05 Where an employee is directed or requested to attend an investigation meeting with Human Resources or an external investigator as a complainant or to act as a witness under one (1) working dayof the Employer’s internal processes, the Employer shall advise the employee of their right to bring a Union representative. If the employee should then wish Employee elects to protest his/her discharge (as bring a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or Union representative to such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedmeeting, the Arbitrators Union shall be empowered to either: (1) Uphold notify Human Resources or the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 investigator in advance. In the event that the Union representative is or is likely to be a party to or participant in the investigation, an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee alternate Union representative will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided assigned by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineUnion.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An The discharge and disciplining of employees shall be subject to the following limitations: A. Suspensions and discharge shall be for just cause. B. The School District agrees that it will promptly notify the President of the Local Union of any discharge or disciplinary action taken with respect to any employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, such notice will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense in writing. C. The discharged or situation, it is necessary to require the removal of an disciplined employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before allowed to discuss the action taken by the School District with the ▇▇▇▇▇▇▇ at the time or immediately after such action is taken; and, subject to the provisions here, such conference may take place on School District property. Such Nothing herein contained, however, shall prevent the School District from requiring the summary removal of the offending employee if it appears that the safety of any person or property or the maintenance of proper decorum requires such summary removal. Should the discharged or disciplined employee, ▇▇▇▇▇▇▇, or the Union consider the action will subsequently of the School District to be confirmed improper, the procedure described in Article 8, above, dealing with grievances shall be followed in presenting the matter to the School District. D. In imposing any discipline with respect to a current offense of an employee, the School District may take into account any prior infractions or violations of rules or common standards of propriety committed by the employee. It shall be improper, however, for the School District to impose at the time of any current impropriety, and additional penalty for any wrongful act committed by the offending employee and the Union, in writing, within at a time more remote than one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance)year, he/she shall, within 72 hours (whether or not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she disciplined for the prior wrongdoing at the time it occurred. E. Grievances pertaining to a discharged employee shall be reinstated and may be compensated for lost wages as may be agreed upon. If processed directly to the employee's grievance is processed through arbitrationSuperintendent of Schools, as herein providedor his designee, the Arbitrators shall be empowered to either: within five (15) Uphold working days of the discharge, or (2) Reinstate with all documentation for the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyabove items in this Article. 5.2 In the event that an F. Any employee with docked due to disciplinary reasons in excess of five (5) days, from July 1 through June 30, shall have their seniority is called for an interview by Management in which disciplinary measures against the employee are involveddate adjusted, such employee will be given notice priormoved up, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If equal the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because number of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinedays docked.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 4 13.1 Employer reserves the right to discipline or discharge any employee for just 5 cause. It is understood by the parties that employees are subject to all 6 applicable rules and regulations of the City and the Fire Department. 7 13.2 Any official written reprimand shall be furnished to the employee outlining the 8 reason for the reprimand. The employee will be requested to sign the 9 statement; however, signature does not necessarily imply agreement. If the 10 employee refuses to sign, this refusal shall be noted and placed in the 12 reprimand an employee in a private manner so as to avoid embarrassing the 13 employee. 14 13.3 Disciplinary actions involving discharge, demotion and suspension with seniority, who is discharged for any reason whatsoeverloss of 15 pay may be subject to the grievance provisions of this Agreement. Written 16 Instruction and Cautioning (Employee Notices) are subject to the grievance 17 provisions of this Agreement. Written and verbal warnings (memorandums) are 18 not subject to the grievance provisions of this Agreement, and feels that he/she are not placed in 19 personnel files at the Human Resources Department. Such warnings are not to 20 be considered a “first offense” under City Human Resources Policy E-3. 21 13.4 Any discharged employee who has been unjustly dealt with, will be given an opportunity of meeting with completed his/her Committeeperson before he/she is required probationary period shall 22 have the right to leave appeal said discharge directly to the premises. If, because third step of the nature grievance 23 procedure provided such appeal is made within seven (7) calendar days from 24 the effective date of such action. 25 13.5 The discharge or layoff of probationary employees on initial hire or rehire shall 26 not be subject to the offense grievance procedure of this Agreement. 27 13.6 Any employee, upon request, shall be entitled to Union representation at 28 disciplinary interviews or situationconferences, it is necessary to require the removal of in accordance with law. 29 13.7 Any oral or written warning in an employee employee’s file shall not be considered in any 30 subsequent disciplinary actions after eighteen (18) months from the premises, then his/her Committeeperson (or in his/her absence, member date of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as 1 issue provided there have been no further violations of a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided similar nature by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any 2 same employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineduring this period.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeNo employee covered by this agreement shall be disciplined in any manner, with senioritydemoted, who suspended or discharged, except for just cause. When an employee is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal notified of an employee from the premises, then his/her Committeeperson (or interview that may result in his/her absence, member of the Union Executive) will be notified before such formal disciplinary action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided being taken by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified of the right to representation. Additionally, where circumstances permit, the Union will be given advance notice. An employee may only be disciplined in the presence of the employee’s Union representative, except when the representative is not on the Company premises. (a) The Company shall notify the Union and the employee promptly in writing upon the suspension, disciplinary lay-off or discharge of an employee. Such notice shall be provided at a reasonable time prior to the end of the shift including rights to representation prior to leaving the premises unless the circumstances are of such a nature as to make the provision of such notice impracticable and/or disruptive to harmonious labour-management relations. The question of whether or not the circumstances were of such a nature as described above may be made the subject of a grievance and appealed to arbitration as provided for elsewhere in the Agreement. (b) If such employee is absent at the time the action is taken or where it was not practicable to provide notice prior to leaving the premises, the Company shall send, by registered mail, a written notice of the employee’s suspension, disciplinary lay-off or discharge including the right to request representation to such employee’s last home address. A copy of such written notice shall be given to the Union. (c) Should the discharged employee or the Union consider the discharge to be improper, a grievance may, within two five (25) working days. days be presented directly to the second step of the grievance procedure. (Monday to Friday as work week) 5.3 Previous d) When applying discipline, verbal and written warnings will be purged from the employee’s personnel file after twelve (12) months if the employee receives no additional disciplinary action over a period of eighteen during that period. (e) When applying disciplinary suspensions or the like, they will be purged from the employee’s personnel file after twenty four (24) months or more will not be taken into consideration in any subsequent incidents in which if the employee is subject receives no additional disciplinary actions during that period. (f) The discharged or suspended employee shall have the right to disciplinemeet with their Union Representative for a reasonable amount of time during work hours in the Union Office.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee4.1 Employees hired on or after the effective date of this Agreement shall undergo a ninety (90) day trial period, with seniorityexcept those hired as a result of a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the trial period. Upon successful conclusion of the trial period, the Employee’s seniority date shall be the first date worked. 4.2 Absent just cause, the Employer may not discharge or discipline, an employee who has completed his trial period. The Employer shall conduct its own investigation of the circumstances surrounding the alleged misconduct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is discharged issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed. 4.3 Upon the request of an Employee, the Union, through union staff or stewards, shall have the opportunity to be present for all investigative meetings involving employees. 4.4 Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any reason whatsoeverdiscipline for a period of 12 consecutive months following the last issuance of discipline; except that for discipline for workplace violence, sexual harassment, and feels that he/she has been unjustly dealt with, will suspensions or final warnings the period shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave 24 consecutive months from the premises. If, because date of the nature of suspension or final warning. 4.5 If the offense or situation, it is necessary to require customer demands the removal of an employee from its account, the premises, then his/her Committeeperson (or in his/her absence, member Employer may remove the employee from further employment at the account. The Employer will advise the Union of the information it has relating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A management official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with may challenge the employee bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer instigation, provided, however, that in any arbitration on the Union’s challenge, in writing, within one (1) working day. If order to establish the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice bona fides of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided its contention that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate customer requested removal of the employee, who may be awarded up the Employer need not call customer employees or representatives as witnesses and can rely upon hearsay evidence. With respect to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against removed pursuant to a customer request, unless the Employer has cause to discharge the employee, the Employer will place the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have in a Committeeperson present job at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation another account for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job offered by the Employer is not at comparable pay and benefits, the employee may choose to place their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. 4.6 The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be limited to, the following: A. Theft. B. Possession of unlawful, prohibited or dangerous weapons. 4.7 Any temporary employee or employee who has not completed his/her trial period may be discharged or disciplined by the Employer in its discretion. No question concerning the discipline or discharge of any such employee shall be the subject of arbitration. 4.8 No employee shall leave her or his assigned post or take any break without the prior approval of the employee’s supervisor or the Employer’s manager and without proper relief in attendance. The Employer shall provide reasonable relief to disciplineemployees. 4.9 Employees shall conduct themselves professionally at all times while on airport property.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels 14.01 A claim by an employee that hes/she he has been unjustly dealt withdischarged suspended with or without pay or laid off, will be given an opportunity (providing, in the case of meeting with discharge, where s/he has not completed his/her Committeeperson before he/she probation, the standard as set out in Article 6.01(b) shall apply) shall be treated as a grievance if a written statement of such grievance is required to leave lodged with the premises. If, because Society at Step #2 of the nature grievance procedure within ten (10) days after the date of discharge, suspension with or without pay or layoff is effected. 14.02 In cases of discharge or suspension with or without pay, the employee and the Union will be made aware of the offense or situationreasons for such action, it is necessary prior to require its taking place, the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) action will be notified before such action is taken. Such action will subsequently be confirmed with in writing to the employee and the Union, in writing, within one (1) working day. If The discussion will be between the employee should then and his/her immediate supervisor. The employee shall have the right to have a Union Representative present at any such discussion. At any interview where the Society confirms its actions in discharging or suspending an employee without pay or converts a suspension with pay to a suspension without pay or termination a Union Representative shall be present during such interview unless the employee does not wish to protest the Union Representative present and confirms this by signing Appendix “A” attached hereto in the presence of a Union ▇▇▇▇▇▇▇. Where a Union Representative is not present, the Union will be advised in writing of the Society’s action. 14.03 Such special grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Society's action in dismissing the employee; or (b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost less any compensation received from any source during the period from the date of his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, reinstatement; or (3c) Substitute some lesser penaltyby any other arrangement which may be deemed just and equitable. 5.2 In the event that an employee with seniority is called for an interview by Management 14.04 The Society agrees not to administer this Article arbitrarily, discriminatorily or in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinebad faith.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An Whenever the Corporation deems it necessary to censure an employee in a manner indicating that dismissal or suspension may follow or suspend or discharge such employee, with seniority, who is discharged for the Unit Chairperson or a ▇▇▇▇▇▇▇ must be present at any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with between the employee and the Union, in writing, within one (1) working dayCorporation at which these matters are dis- cussed. If the employee should then wish to protest his/her discharge (as a grievance), he/she The Corporation shall, within 72 hours five (5) days thereafter, give written particulars of such action to the employee with copies to the ▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇, and Unit Chairper- son. Such written statement shall contain the details of the complained of and all other facts upon which the action is based, Should an employee not including want a Union Repre- sentative to be present he shall inform the Corporation of his wishes and sign to that effect. In such case the Corporation shall not be obliged to have a Union Repre- sentative present. A claim by an employee he has been unjustly discharged or suspended, shall be treatedas a grievance if a written statement of such grievance is lodged with the Ad- ministrator of the Home. Within five work- ing days of a grievance being filed, the Administrator shall meet with the Unit Officer and the Chief ▇▇▇▇▇▇▇. The Administrator shall reply to the grievance within three (3) working days of the meet- ing. theclaim is not settled to the satisfac- tion of the Union, the grievance may then be forwarded to the Directors of Human Resources and Senior Citizens in accord- ance with Step /// and the balance of the grievance procedure. Such special grievances may be settled by confirming the Corporation’s actions in dis- missing, suspending or disciplining the em- ployee 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 decision of an Arbitration Board if matter is referred to such a Board. Any disciplinary action or warning in writing shall be removed from an employee’s record a period of eighteen in which he has not received any disciplinary warning or suspension. In this Article, the word "days" shall not include Saturday, Sunday or Statutory Holidays) paid holidays. Part-time employees who are not regularly scheduled to work and who continue to refuse or such continue to be unavailable to work assigned shifts will result in discon- tinuance of the employment relationship. An employee shall have the to make an appointment upon notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, Human Resources Department to have a Committeeperson present at such an interview. If the employee is suspended ac- cess to and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed review herpersonnel docket in writing accordance with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Municipal Freedom

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged Section 16.1. Employees may be disciplined only for any reason whatsoever, just and feels that he/she has been unjustly dealt with, will reasonable cause. The principles of progressive corrective discipline shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisesapplied. If, because of Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee’s record of performance and conduct. Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be made where the severity of the offense warrants. Section 16.2. A bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may justify suspension or situationdischarge, it is necessary he shall be entitled to require a hearing prior to the suspension being invoked, unless the offense warrants immediate removal of an employee from the premises, then at which time the employee may be placed on administrative leave with or without pay until the hearing. Section 16.3. Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre-disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her Committeeperson duties without causing a hardship on other employees or the Employer’s functions. If the Union representative is not available or cannot be released, the conference will take place when a Union representative is available. Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre- 1. Time, date and location of the hearing; 2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position. 3. The name of the hearing officer or in neutral third party who will conduct the hearing; 4. The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and the action proposed. Section 16.5. Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of the Adams County Children Services Board or his/her absence, member designated representative. Section 16.6. A hearing will be held within thirty (30) calendar days from the date of confirmation of the Union Executive) will be notified before such action offense, unless an outside agency is taken. Such action will subsequently be confirmed with conducting an investigation related to the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that offense for which the employee was unjustly dismisseddisciplined /discharged or the alleged violation involves a criminal felony charge. Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the hearing. Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, he/she verbal and written warnings may not be appealed to arbitration. Section 16.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be reinstated and may be compensated for lost wages as may be agreed upon. If copied on the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltycharge letter. 5.2 In Section 16.10. The Adams County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the event that an following schedule, providing the employee with seniority is called has not received additional discipline for an interview by Management the same or similar offense during the period of time, in which disciplinary measures against case the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing period of time begins with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to most recent discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who 7.01 If it is discharged for any reason whatsoever, and feels alleged that he/she an employee has been unjustly dealt withdischarged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, will within five (5) working days. The discharged or suspended employee shall be given an the opportunity of meeting with his/her Committeeperson seeing a ▇▇▇▇▇▇▇ and/or Union President before he/she he is required to leave the premises. If, because . 7.02 If it is agreed or decided at any stage of the nature of the offense or situationgrievance procedure, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through except arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged without just cause, the Company shall if he/she so requestsreinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week, be permitted less amounts earned during the time loss. 7.03 Where an interview with arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: 1. uphold the Plant Chairperson discharge or Plant Committeepersonsuspension, if on shiftOR 2. vary the penalty, OR 3. substitute a different penalty, OR 4. direct reinstatement, and in an office provided cases 2, 3, and 4 may in addition order the Company to pay the employee full or partial compensation (less any amounts of money earned by the Companyaggrieved employee during any time loss) in accordance with his hourly rate. It is understood, before leaving however, that if an employee is reinstated, he shall retain his full seniority. (a) Only Written Warnings, Final Written Warnings and Letters of Suspension shall be considered as a form of discipline and shall be subject to the Plant. If because provisions of the nature Grievance Procedure. A copy of every Written Warning, Final Written Warning and Letter of Suspension issued shall be sent to the offenceUnion. (b) Written Warnings, it is necessary to require Final Written Warnings and Suspensions shall be deemed void after one (1) year from date of issue. 7.05 A Shop ▇▇▇▇▇▇▇ in the immediate expulsion of any employee from department and on the Plantshift shall be presentwhen Written Warnings, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineFinal Written Warnings and Suspensions are handed out.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An Section 1. Disciplinary action shall consist of written warning, written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee for just cause. Written warnings may not be grieved or appealed, however, an employee who receives a written warning may make a written rebuttal to be added to the Personnel file. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. Section 2. A Department Head may reprimand any employee for cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Personnel Officer or his designated representative. The grievance shall be presented within fifteen (15) working days of receipt of the reprimand. The response to the grievance shall be in writing and shall be issued within fifteen (15) working days of receipt of the grievance. The written decision on the grievance shall be final and binding upon the parties to the grievance. The grievance procedure as outlined in Article 20 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within fifteen (15) working days of date of decision which shall be attached to and become a part of the file pertaining to the grievance. The rebuttal shall be delivered to the Personnel Department and a copy transmitted by the Personnel Department to the Department Head who wrote the reprimand. Section 3. Written reprimands, with senioritywritten warnings and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one year after the filing thereof provided there is a written request for removal from the affected employee and further provided there have been no additional disciplinary actions taken against the employee for the same or similar violations. Section 4. A Department Head may suspend an employee without pay for cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 6 of this Article. The Department Head shall notify the employee concerned and the Personnel Officer in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within fifteen (15) working days of notice of suspension. Section 5. A Department Head may dismiss any employee with status only for cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Personnel Officer with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the Board within fifteen (15) working days of notice of dismissal. Section 6. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 5, and if after investigation the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated awarded back pay for lost wages any portion of the suspension time not imposed as may be agreed upondisciplinary action. Section 7. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, An employee who may be awarded up to his/her full seniority and/or compensated for lost pay, or receives three (3) Substitute some lesser penalty. 5.2 or more reprimands within a twelve (12) consecutive month period shall be authorized to utilize the appeal procedure outlined in Article 20 of this Agreement. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against appeals the employee are involvedthird or additional reprimand during a twelve (12) consecutive month period, such employee will be given notice prior, documents relating to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators preceding like reprimands shall be empowered to either uphold admissible in the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineappeal procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 10.01 In the event that any regular employee be discharged or suspended from employment and believes that such discharge or suspension was without just cause, such discharge or suspension shall constitute a matter to be dealt with under the provisions of this Agreement respecting adjustment of grievances. Any such matter, if it is to be dealt with, shall in the case of a discharge be presented at the Third Stage of the grievance procedure (through the Director, Human Resources, Global Manufacturing & Logistics) within five (5) days, exclusive of Saturdays, Sundays and holidays, from the first day of such discharge, and in the case of a sus pension be presented at the Second Stage of the grievance procedure (through the Director, Human Resources, Global Manufacturing & Logistics) within five (5) days, exclusive of Saturdays, Sundays and holidays, from the last day of such suspension and not otherwise. At the time of giving notice of discharge or suspension to an employee with seniority is called for an interview by Management in which disciplinary measures against employee, the Chief ▇▇▇▇▇▇▇ or another Association officer at the meeting shall accompany the employee are involved, such unless the employee declines the Association representation in the presence of the Association. The Association will be given notice prior, allowed reasonable time to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If confer with the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2employee. The Company will attempt to provide the Association with advance notification and purpose whenever possible. The Company will give written notice, including brief description of the reason for such discharge or suspension to the Secretary - Treasurer of the Association and to the Chief ▇▇▇▇▇▇▇ and will be confirmed in writing give a copy of such notice to the regular employee. Any disciplinary action taken by the Company shall take place with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedreasonable promptness, the Arbitrators which shall be empowered understood to either uphold not be in excess of thirty (30) calendar days. 10.02 In the suspension, substitute some lesser penalty, event that it should be decided that the discharge or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from was without just cause, the PlantCompany shall reinstate such employee and pay compensation at the employee’s straight-time rate for time lost during such discharge or suspension, then limited to a maximum of the Plant Chairperson scheduled hours worked during such time lost by the department or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents section thereof in which the employee was employed. Where the arbitrators determine that an employee has been discharged or suspended for just cause, the arbitrators may substitute such other penalty for the discharge or suspension as the arbitrators deem just and reasonable in all the circumstances. 10.03 Upon such reinstatement there shall be deemed to have been no break in such employee’s continuous service. 10.04 It is subject recognized that the Company may, from time to disciplinetime, have occasion to interview regular employees with respect to their job performance and that the objective of such interviews is corrective in nature, rather than punitive. Regular employees are able to take their own notes during these interviews. Should it become necessary to officially warn a regular employee that failure to improve the employee’s record with the Company may result in disciplinary action being taken, the warning shall be confirmed to the employee by the Company in writing and a copy of such letter will be mailed to the Association’s office. At any meeting where a regular employee is to receive a written warning that may result in disciplinary action being taken, the employee shall be accompanied by the Chief ▇▇▇▇▇▇▇ or another Association officer at the meeting unless the employee declines the Association representation in the presence of the Association. The Association will be allowed reasonable time to confer with the employee. The Company will attempt to provide the Association with advance notification and purpose whenever possible. After a period of twenty-four (24) months free of any written warning or suspension or a period of three (3) years in any event, previous warnings or disciplinary actions shall be removed from a regular employee’s record.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An (a) The Employer may opt to arrange a meeting with an Employee prior to imposing discipline to provide a “Letter of Professional Consultation” and meet with the Employee concerned to discuss the professional issues. The Professional Consultation meeting shall be scheduled to allow for Union representation and notice for the meeting shall be provided to the Employee concerned and the Lead Unit ▇▇▇▇▇▇▇. A Letter of Professional consultation shall not be considered discipline, but rather an option to discuss issues before they may become a matter involving discipline. (b) When the Employer imposes discipline on an employee, with senioritythe Employer agrees to provide notice of discipline to the employee concerned and to the Lead Unit ▇▇▇▇▇▇▇, or the OPSEU Staff Representative. The disciplinary meeting shall be scheduled to allow for union representation at such meeting, within three (3) business days, or as mutually agreed in writing between the parties. 9.02 An employee who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will or suspended shall be given an a reasonable opportunity of meeting to meet with his/her Committeeperson ▇▇▇▇▇▇▇ before he/she is required to leave leaving the premises. If, because of Employer's premises unless in the nature of the offense or situation, circumstances it is necessary to require the removal employee to leave the premises immediately. The employee shall be notified in writing of such discharge or suspension. 9.03 An employee who is discharged or suspended may file a grievance at Step Two of the grievance procedure within seven (7) business days of such discharge or suspension. 9.04 An employee, upon written request to her Director, may, in the presence of a Director and accompanied by a Unit ▇▇▇▇▇▇▇, review the contents of her personnel file at a mutually agreeable time. 9.05 Any letter of reprimand or suspension will be removed from the record of an employee from twelve (12) months following the premisesreceipt of such letter or suspension provided that the employee’s record has been discipline free for such twelve (12) month period. 9.06 The employer shall provide an employee a copy of each performance appraisal conducted by the employer. A copy of any completed evaluation, then his/her Committeeperson (or which is to be placed in his/her absencean employee’s file, member of the Union Executive) will shall be notified before such action is taken. Such action will subsequently be confirmed first reviewed with the employee. The employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (shall sign such evaluation as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed read. 9.07 An employee shall be given an opportunity to him/her by certified post to his last address shown provide written comments on the Personnel Office recordsperformance appraisal form. 9.08 In cases involving disciplinary matters, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she Unit ▇▇▇▇▇▇▇ shall be reinstated and may be compensated for lost wages as may be agreed upon. If permitted access to the employee's grievance is processed through arbitration’s information as noted in Article 9.04 above, as herein provided, provided written consent has been given by the Arbitrators shall be empowered to either:Employee concerned. (1a) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that The Employer shall provide an employee with seniority is called written reasons for an interview by Management in which any disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she action. (b) The Employer shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and provide the Union within one working day. If an employee's grievance with a copy of any written complaint(s) and disclosures that are the subject of the discipline being grieved, before the Step 2 meeting of the Grievance Procedure. 9.10 When discipline is processed through arbitration as herein providedimposed, the Arbitrators Employee shall have the option to provide their written response to such discipline which shall be empowered attached to either uphold the suspension, substitute some lesser penalty, or remove disciplinary letter in the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineEmployees personnel file.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 9.1 It is understood herein that no employee will be disciplined, discharged, or suspended without just and sufficient cause. All forms of discipline shall be issued consistent with the offense committed in accordance with established company policies, procedures, and work rules that were provided to the union prior to the offence; or that the union membership should have access to or have previously been made aware of. In such discipline cases, the Union will be notified of the action being taken by the Company. A. If the Company is conducting an investigatory interview (or questioning an employee) to obtain information that could lead to discipline, with senioritythe employee, who is discharged for any reason whatsoeverbeing interviewed by management, may invoke their ▇▇▇▇▇▇▇▇▇▇ rights, and feels request that he/she has been unjustly dealt witha Union ▇▇▇▇▇▇▇ be present during the interrogation. This right belongs to the worker, not the Union, and can be invoked only by the employee. B. Any employee subject to disciplinary action by the Company, which includes economic penalties, will be given an the opportunity of meeting with his/her Committeeperson before he/she is required to leave have their Union ▇▇▇▇▇▇▇ or Union representative present at the premisesdisciplinary hearing. If, because The Union and the employee will be given a copy of the nature disciplinary action no later than two (2) business days after issuance of the offense or situation, it is necessary to require discipline by the removal Company. C. Any disciplinary notice will not remain in effect for a period of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within more than one (1) working dayyear from the date of the violation that gave rise to such notice, except as noted below. Notices, to be considered valid, must be issued by the Company and signed by the employee or a witness (Supervisor, HR, or Union Representative) if the employee refuses to sign, with a copy provided to the Union. Notices will be specific, not general, in nature as to alleged violation (i.e., time, date, place, and nature of violation). 1. If during the one year period the employee should then wish again receives discipline, the disciplinary notice and all subsequent disciplinary notices may be relied upon for the purpose of determining and issuing appropriate discipline. Disciplinary notices will not be the sole factor considered in promotional decisions unless related to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that job the employee was unjustly dismissed, he/she shall be reinstated and may be compensated seeks. 2. Discipline issued for lost wages as may be agreed upon. If violations of discrimination or issues of workplace violence will remain in effect for the duration of the employee's grievance is processed through arbitration, as herein provided, ’s employment with the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyCompany. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such D. A discharged or suspended employee will be given furnished a discharge or suspension notice priorin writing, setting forth the precise charge which has caused this action with a copy sent to enable him/her if he/she so desires, the Union. E. The Union agrees to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2drug free workplace. 1. The suspension will be confirmed in writing with the employee Company and the Union within one working dayare committed to providing employees with a drug-free and alcohol-free workplace. If an employee's grievance It is processed through arbitration as herein providedour goal to protect the health and safety of employees and to promote a productive workplace, and protect the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by reputation of the Company, before leaving Union and employees. 2. All employees are expected to report to work fit for duty and free from the Planteffects of illegal drugs or alcohol. If because Employees taking a prescribed medication must consult with their doctors to ensure fitness for duty. Any work related restrictions must be promptly reported to their Supervisor. 3. The unauthorized use, sale, transfer, or possession of alcohol, drugs, controlled substances and/or "mood altering" substances, (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meal and rest periods), on Company or Customer premises, in Company or Customer vehicles, or in personal vehicles while conducting Company business is prohibited. Violation of this section of the nature of the offenceAgreement is grounds for immediate termination. 4. Employment candidates may be tested for drug and alcohol use pre-hire. Post-hire, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson employees will be notified within two tested for alcohol and drug use upon reasonable suspicion, and work related accidents or injuries. Random testing for drugs and alcohol may be conducted as required by the contract or as directed by the customer. Holders of Commercial Driver Licenses (2CDL) working dayswill be subject to DOT testing. (Monday Any employee who tests positive for alcohol or drugs, or attempts to Friday as work week)adulterate or substitute a specimen, or who refuses to be tested will be subject to termination. 5.3 Previous 5. The Company considers any violation of drug use, possession, distribution, or sale of drug and drug paraphernalia a serious matter. Employees convicted of a criminal drug statute are subject to disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject up to disciplineand including termination.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, A. The Board agrees upon the discharge or discipline of any employee to notify in writing P.O.L.D. of the discharge or discipline. B. The discharged or disciplined employee will be allowed to discuss his/her discharge or discipline with seniority, who is discharged for any reason whatsoever, the representative of P.O.L.D. and feels that the Board will make available an area where he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson may do so before he/she is required to leave the premises. If, because property of the nature of Board. Upon request, the offense Board or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (designated representative will discuss the discharge or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed discipline with the employee and the UnionP.O.L.D. representative. C. Should the discharge or disciplined employee or the P.O.L.D. representative consider the discharge to be improper, a complaint shall be presented in writing, writing through the P.O.L.D. representative to the Board within one five (15) regularly scheduled working daydays of the discharge or discipline. The Board will review the discharge or discipline and give its answer within three (3) regularly scheduled working days after receiving the complaint. If the employee should then wish decision is not satisfactory to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on P.O.L.D.~ the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she matter shall be reinstated and may be compensated for lost wages as may be agreed upon. If referred to Level 2 of the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyprocedure. 5.2 D. In imposing discipline on a prior charge the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee Board will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within count more than two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more years previous, and will not count reprimands not involving suspension which occurred more than ten (10) months previously, and which did not involve the same infraction, nor will discipline be taken into consideration in any subsequent incidents in which imposed for errors or mistakes on employee applications after two (2) years. Any employee who has attained the status of seniority employee is shall be reprimanded, suspended or discharged for proper cause only. Any such action against a seniority employee may be the subject of the grievance procedure. E. Any paraprofessional absent for two (2) consecutive workdays and who fails to make a report of absence shall be subject to disciplineformal reprimand in writing by the building administrator.

Appears in 1 contract

Sources: Professional Services

DISCHARGE AND DISCIPLINE. 5.1 An employeeEmployees hired on or after the effective date of this Agreement shall un- dergo a 60 day trial period, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity except those hired as a result of meeting with his/her Committeeperson before he/she is required to leave a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the premisestrial period. If, because Upon successful conclusion of the nature trial period, the Employee’s seniority date shall be the first date worked. Absent just cause, the Employer may not discharge or discipline, an em- ployee who has completed his trial period. The Employer shall conduct its own investigation of the offense circumstances surrounding the alleged miscon- duct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed. 4.7 Upon the request of an Employee, the Union, through union staff or situationstew- ards, it is necessary shall have the opportunity to require be present for all investigative meetings involving employees. Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or final warn- ings the period shall be 24 consecutive months from the date of the sus- pension or final warning. If the customer demands the removal of an employee from its account, the premises, then his/her Committeeperson (or in his/her absence, member Employer may remove the employee from further employment at the ac- count. The Employer will advise the Union of the information it has relating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A man- agement official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with may challenge the employee bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer insti- gation, provided, however, that in any arbitration on the Union’s challenge, in writing, within one (1) working day. If order to establish the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice bona fides of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided its contention that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate customer requested removal of the employee, who may be awarded up the Employer need not call custom- er employees or representatives as witnesses and can rely upon hearsay evidence. With respect to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against removed pursuant to a customer request, unless the Employer has cause to discharge the employee, the Em- ployer will place the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have in a Committeeperson present job at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation another account for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job of- fered by the Employer is not at comparable pay and benefits, the employee may choose to disciplineplace their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be lim- ited to, the following: A. Theft. B. Possession of unlawful, prohibited or dangerous weapons. 4.8

Appears in 1 contract

Sources: Service Workers Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitrationpersonnel record after twelve (12) months, as herein providedif there are no further disciplines for "no-call, no-show" during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, A claim by an employee who is discharged for any reason whatsoever, and feels has completed his probationary period that he/she he has been unjustly dealt with, unreasonably discharged shall be treated as a grievance if written statement of such grievance is lodged with the Superintendent of the Company within five (5) working days after the employee ceases to work for the Company and the first step of the Grievance Procedure will be given an opportunity of meeting in any such case. Such special grievances may be settled under the Grievance and Arbitration Procedures by: a) confirming the Company's action in dismissing the employee: or reinstating the employee with his/her Committeeperson before he/she full compensation and seniority for time lost; or by any other arrangement which is required to leave reasonable in the premises. If, because opinion of the nature parties or the Atbitrator Board if appointed. In the case of the offense or situation, it is necessary to require the removal discharge of an employee from who has completed his probationary period, the premisesemployee may, then his/her Committeeperson (or upon request to his immediate supervisor, interview his ▇▇▇▇▇▇▇ before leaving the Plant in his/her absence, member of a place as designated by the Union Executive) will be notified before such action is takenCompany. Such action an employee will subsequently be confirmed follow the of his immediate supervisor. An employee called into the office in connection with the employee and imposition of discipline shall have the Unionright to have a ▇▇▇▇▇▇▇ of his choice present provided such ▇▇▇▇▇▇▇ is at work; however, in writing, within if more than one (1) working daymember of management is present for such purposes, then such ▇▇▇▇▇▇▇ must be present also. If Written warnings to be removed after twelve (12) months. Suspension to be removed after eighteen (18) months. An employee will be considered on probation and will not be subject to the employee should then wish to protest his/her discharge (as a grievance)seniority provisions of this Agreement, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to nor shall his last address shown name be placed on the Personnel Office recordsseniority list until after he has completed sixty (60) calendar days continuous employment, submit a written grievance (as defined in Step 1Upon completion of such probationary period, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators name shall be empowered to either: (1) Uphold placed on the discharge, or (2) Reinstate appropriate seniority list with seniority dating from the employee, who may date and shift he was last hired by the Company. Everything being equal proceed in alphabetical order. The dismissal of a probationary employee shall not be awarded the subject of a grievance. The Company shall maintain a seniority list for the Plant and a copy of this list shall be posted for employee inspection. A copy shall also be provided for the Union President. The list shall be brought up to his/her full seniority and/or compensated for lost pay, or date at least every three (3) Substitute some lesser penalty. 5.2 In months. The Company shall provide the event that an employee Union with a seniority is called for an interview by Management in which disciplinary measures against list showing the employee are involved, such employee employees' addresses once per year. Seniority will be given notice prior, to enable him/her if he/she so desires, to have applied on a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineplant wide basis.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 Section 10.1 An employee, with seniority, employee who is discharged for to receive any reason whatsoever, and feels that he/she has been unjustly dealt with, disciplinary action will be given an opportunity of entitled to have a union representative present at the time such action is taken by the Employer or during any investigatory meeting with his/her Committeeperson before he/she is required which may lead to leave disciplinary action. The employee will be notified, prior to the premises. Ifaction, because of the nature of the offense or situation, it is necessary to require the removal action and of an employee from the premises, then his/her Committeeperson (or in right to have a representative present. If the employee does request to have a representative present, the Employer will comply with that request. The Employer will endeavor to continue the practice of allowing employees their choice of representative, provided that the person selected is available and able to leave their workstation at the time of the meeting. Further, the failure of the Employer to inform an employee of his/her absenceright to a union delegate will not be used to invalidate an otherwise valid discipline. Section 10.2 The Employer will have the right to discharge, member suspend, or discipline any employee for Just Cause. “Just Cause” will be defined to include the concept of progressive and corrective discipline. Progressive discipline will include the components of verbal and written reprimands and the possibility of suspension without pay. Progressive discipline will not be applied when the nature of the Union Executiveoffense requires immediate suspension or discharge. Specifically, the progressive discipline process will include, in the following order: A. First (1st) offense: The Employer will be notified before such action is taken. Such action will subsequently be confirmed discuss the nature of the problem with the employee and a corrective action plan will be provided to the Unionemployee in order to improve the deficiencies. Such plan will indicate the areas that the employee will need to correct and the duration of the corrective action plan. B. Second (2nd) offense: Employee will receive a documented verbal warning C. Third (3rd) offense: Employee will receive a written warning. D. Fourth (4th) offense: Employee may be suspended or discharged. Section 10.3 A copy of all written disciplinary actions will be given to the employee. Employees will be required to sign the written disciplinary action for the purpose of acknowledging receipt thereof. Employees will be given the opportunity to provide a written response to any written evaluation or disciplinary actions to be included in the personnel file. The Employer will notify a Shop ▇▇▇▇▇▇▇ following any discipline. Section 10.4 All infractions on an employee’s record which do not involve suspensions will be cleared after one (1) year, provided there is not subsequent disciplinary action taken of a similar nature in writingthe intervening twelve (12) month time period. If no additional disciplinary action is taken for a period of one (1) year following the last disciplinary action, the warning notices will be removed from the employee’s personnel file. All infractions which involve suspensions will be removed after two (2) years from the infraction. Section 10.5 The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees. It must be kept in mind, however, that if insubordination (verbal abuse or refusal to perform an assigned task) by an employee takes place in public or in the presence of other employees, the Employer will not be restricted by the operation of this section. Section 10.6 The Employer has established a policy of discipline for employees who fail to report on a scheduled day of work and do not notify their supervisor concerning the absence. This offense (no call-no show) will be applicable to an employee who fails to report to work or fails to notify the supervisor within one (1) working dayhour after their scheduled shift. If It is understood that an employee may be subject to discipline under these circumstances but the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (discipline would not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown be on the Personnel Office records, submit basis of a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)no call-no show offense. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered Employees who call prior to either: or within one (1) Uphold hour of the discharge, or (2) Reinstate the employee, start of their shift and inform their supervisor of their intent to report late and who may be awarded up fail to his/her full seniority and/or compensated report for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee work or who fail to re-contact their supervisor will be given notice prior, to enable him/her if he/she so desires, to have considered a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation “no call-no show” for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because purposes of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 Section 10.1 An employee, with seniority, employee who is discharged for to receive any reason whatsoever, and feels that he/she has been unjustly dealt with, disciplinary action will be given an opportunity of entitled to have a union representative present at the time such action is taken by the Employer or during any investigatory meeting with his/her Committeeperson before he/she is required which may lead to leave disciplinary action. The employee will be notified, prior to the premises. Ifaction, because of the nature of the offense or situation, it is necessary to require the removal action and of an employee from the premises, then his/her Committeeperson (or in right to have a representative present. If the employee does request to have a representative present, the Employer will comply with that request. The Employer will endeavor to continue the practice of allowing employees their choice of representative, provided that the person selected is available and able to leave their workstation at the time of the meeting. Further, the failure of the Employer to inform an employee of his/her absenceright to a union delegate will not be used to invalidate an otherwise valid discipline. Section 10.2 The Employer will have the right to discharge, member suspend, or discipline any employee for Just Cause. “Just Cause” will be defined to include the concept of progressive and corrective discipline. Progressive discipline will include the components of verbal and written reprimands and the possibility of suspension without pay. Progressive discipline will not be applied when the nature of the Union Executiveoffense requires immediate suspension or discharge. Specifically, the progressive discipline process will include, in the following order: A. First (1st) offense: The Employer will be notified before such action is taken. Such action will subsequently be confirmed discuss the nature of the problem with the employee and a corrective action plan will be provided to the Unionemployee in order to improve the deficiencies. Such plan will indicate the areas that the employee will need to correct and the duration of the corrective action plan. B. Second (2nd) offense: Employee will receive a documented verbal warning C. Third (3rd) offense: Employee will receive a written warning. D. Fourth (4th) offense: Employee may be suspended or discharged. Section 10.3 A copy of all written disciplinary actions will be given to the employee. Employees will be required to sign the written disciplinary action for the purpose of acknowledging receipt thereof. Employees will be given the opportunity to provide a written response to any written evaluation or disciplinary actions to be included in the personnel file. The Employer will notify a Shop ▇▇▇▇▇▇▇ following any discipline. Section 10.4 All infractions on an employee’s record which do not involve suspensions will be cleared after one (1) year, provided there is not subsequent disciplinary action taken of a similar nature in writingthe intervening twelve (12) month time period. If no additional disciplinary action is taken for a period of one (1) year following the last disciplinary action, the warning notices will be removed from the employee's personnel file. All infractions which involve suspensions will be removed after two (2) years from the infraction. Section 10.5 The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees. It must be kept in mind, however, that if insubordination (verbal abuse or refusal to perform an assigned task) by an employee takes place in public or in the presence of other employees, the Employer will not be restricted by the operation of this section. Section 10.6 The Employer has established a policy of discipline for employees who fail to report on a scheduled day of work and do not notify their supervisor concerning the absence. This offense (no call-no show) will be applicable to an employee who fails to report to work or fails to notify the supervisor within one (1) working dayhour after their scheduled shift. If It is understood that an employee may be subject to discipline under these circumstances but the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (discipline would not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown be on the Personnel Office records, submit basis of a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)no call-no show offense. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered Employees who call prior to either: or within one (1) Uphold hour of the dischargestart of their shift and inform their supervisor of their intent to report late and who fail to report for work or who fail to re-contact their supervisor will be considered a “no call-no show” for purposes of discipline. Section 10.7 Unless otherwise agreed to between Employer and employee, or employees reporting to work later than one-half (21/2) Reinstate hour after their scheduled shift begins, without notice, will be permitted to work only if their supervisor approves and no replacement has been obtained. Exceptions will be made for circumstances outside the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved’s control, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday as inclement weather or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinesignificant traffic problems.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeSection 1. Disciplinary action shall consist written reprimand, suspension, demotion and dismissal. The Department Head may discipline an employee for just cause. Just cause shall be defined as a cause which a reasonable employer, acting in good faith, would regard as good and sufficient reason for the level of discipline issued against the employee for the infraction that led to the disciplinary action, and the discipline was consistent with seniorityhow other employees, in the same department and in similar situations, were treated as distinguished from arbitrary whim or caprice. In informing an employee of proposed discipline, the County can refer to the Lancaster County Personnel Rules to set forth the basis for the proposed discipline. Section 2. A Department Head may reprimand any employee for cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may appeal the reprimand directly to the Human Resources Director or his designated representative. The appeal shall be presented within fifteen (15) working days of receipt of the reprimand. The response to the appeal shall be in writing and shall be issued within fifteen (15) working days of receipt of the appeal. The written decision on the appeal shall be final and binding upon the parties to the appeal. The grievance procedure as outlined in Article 19 shall not apply to this Section. The employee may present a written rebuttal to the final Section 3. All forms of discipline, rebuttals, or explanations shall remain in the Section 4. A Department Head may suspend an employee without pay for cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 6 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within fifteen (15) working days of notice of suspension. Section 5. A Department Head may dismiss any employee with status only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the Board within fifteen (15) working days of notice of dismissal. Section 6. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 5, and if after investigation the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated awarded back pay for lost wages any portion of the suspension time not imposed as may be agreed upondisciplinary action. Section 7. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, An employee who may be awarded up to his/her full seniority and/or compensated for lost pay, or receives three (3) Substitute some lesser penalty. 5.2 or more reprimands within a twelve (12) consecutive month period shall be authorized to utilize the appeal procedure outlined in Article 19 of this Agreement. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against appeals the employee are involvedthird or additional reprimand during a twelve (12) consecutive month period, such employee will be given notice prior, documents relating to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators preceding like reprimands shall be empowered to either uphold admissible in the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineappeal procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An The employer may discipline or discharge an employee for just cause. When an employee is the subject of discipline, the employer will serve charges and specifications upon the employee. Within ten (10) days of presentation of charges, the member either accepts the proposed penalty or serves written answers with senioritynotice of intent to arbitrate. The Union must submit a Notice of Intent to Arbitrate. The parties agree to utilize the PERB strike-off procedure for the selection of an arbitrator. In the event of charges recommending termination, who is discharged the member shall be suspended without pay for any reason whatsoeverthirty (30) days and thereafter be returned to the payroll pending the arbitrator’s decision for a period not to exceed ninety (90) days after which he or she shall again be suspended without pay. Should the County fail to notify the proper Arbitrator within ten (10) days of receipt of the Union’s notice of intent to arbitrate, and feels that he/she the suspended employee will continue to be on paid leave until such time the proper Arbitrator has been unjustly dealt withnotified. The parties will make every reasonable effort to conclude the arbitration proceedings within one hundred and twenty (120) days of the presentation of the charges. Whenever an employee is subject to any interview, will interrogation and/or investigation that could result in disciplinary charges, the following shall be given observed: 1. The interview shall be at a reasonable hour, preferably when the employee is on duty. 2. The interview shall be conducted at a location designated by the Sheriff or his designee. Said interview shall not take place at an opportunity employee's home unless the urgency of meeting with his/her Committeeperson before he/she is required to leave the premisesinvestigation dictates otherwise. 3. If, because The employee shall be informed of the nature of the offense investigation at the onset of the interview along with the allegations made against him or situation, it is necessary her. 4. A copy of all reports submitted by the employee regarding said investigation shall be made available to require the removal employee in a timely manner. 5. An employee shall have the right to have present as his or her representative an attorney and/or a representative of an the Association. An employee from may waive such representation. Such waiver shall be in writing and shall be executed prior to the premises, then start of the interview. The employee shall be provided with a copy of his/her Committeeperson (waiver and a copy shall be provided the Association. The employee or in his/her absence, member representative may make a statement at the conclusion of the Union Executive) interview. The employee's representative shall not impede or interfere with the investigation and/or interview. The interview shall be completed within a reasonable period of time, with allowance for personal necessities, meals and telephone calls as are reasonably necessary. 6. The complete interview of the employee shall be recorded, either mechanically or by stenographer, upon the request of either the employee or the investigating officer. When the interview is recorded there will be notified before such action is takenno "off the record" questions. Such action will subsequently be confirmed Discussions may take place "off the record" with the consent of both parties. All recesses called during the interview shall be duly noted. The employee shall have the right to a copy of any statement given. 7. An employee cannot be ordered or compelled to submit to a polygraph or voice stress analyzer. 8. Prior to the filing of department charges, an employee shall be given the opportunity to be heard and be given copies of the Union, in writing, within one (1) working dayDepartment’s investigation materials. If Additional information and materials may then be submitted by the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltybefore charges are filed. 5.2 In the event that an employee with seniority 9. Unless there is called for an interview by Management in which disciplinary measures against the employee are involvedjust and sufficient cause, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators locker shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in opened for any subsequent incidents in which reason, including inspection, without the employee is subject to disciplineor a union representative present. Nothing contained herein shall preclude the Employer from opening the locker with a valid search warrant.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 20 7.1 A regular employee may be disciplined or discharged only for just cause and 21 in a fair, impartial and consistent manner as established by the City. It is 22 understood by the parties that employees are subject to all Rules and 23 Regulations of the City. 24 7.2 Any official written reprimand shall be furnished to the employee outlining the 25 reason for the reprimand. The employee will be requested to sign the 26 statement; however, signature does not necessarily imply agreement. If the 27 employee refuses to sign, this refusal shall be noted and placed in the 28 employee's personnel file. The employee shall have the opportunity to 29 respond to the reprimand in writing. Whenever possible, the City will make 30 every effort to reprimand an employee (whether verbal or written) in a private 31 manner so as to avoid embarrassing the employee. Disciplinary actions involving discharge, demotion and suspension with loss of pay are subject to the grievance provisions of this Agreement. Written instructions and cautionings are subject to the grievance provisions of this Agreement. Written or verbal warnings are not grievable. Such warnings are not to be considered a "first offense" under City Personnel Policies and Procedures, Policy # 19; however, such warnings may be used as a basis to substantiate future disciplinary action under Policy #19. Any discharged employee who has completed his/her probationary period shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within five (5) days from the effective date of such action, computed in accordance with Section 8.3 (D). The discharge, discipline, demotion, layoff or suspension of probationary employees on initial hire or rehire shall not be subject to the grievance procedure of this Agreement. In imposing disciplinary measures by incremental steps based on successive deficiencies in employee performance on a current charge, the Department Head will not take into consideration prior infractions of the same rule which occurred more than eighteen (18) months previously, except in safety violations substantiated by Personnel Policies and Procedures, Policy Number 19, and discharge cases in which the overall disciplinary record of the employee may be taken into consideration. An employee, with seniorityupon request, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered entitled to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyUnion representation at disciplinary interviews or conferences in accordance with law. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee9.01 A claim by an employee who has completed their probationary period, with seniority, who is discharged for any reason whatsoever, and feels that he/she has they have been unjustly dealt with, suspended or discharged from their employment will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. Iftreated as a special grievance, because commencing at step #2 of the nature Grievance Procedure, provided the discharged person submits their written grievance, dated and signed within ten (10) working days after the notice is given in writing. 9.02 Such special grievances may be settled by confirming the discharge, or by reinstating the discharged person with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the offense or situation, it conferring parties. 9.03 It is necessary to require agreed that the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of stewards and the Union Executive) Representative will be notified before such action is taken. Such action will subsequently be confirmed with immediately of the dismissal of any employee and in the Union, in writing, within one (1) working day. If the employee should then wish Bargaining Unit. 9.04 Letters of reprimand issued to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she employees shall be reinstated removed from an employee's record after twelve (12) months from the date of reprimand and may letters of suspension shall be compensated for lost wages as may removed from an employee’s record after eighteen (18) months from the date of suspension if there are no similar incidents. Any proven incidents of resident abuse shall remain on file permanently. 9.05 An employee subject to suspension, discipline or discharge shall have the right to the presence of a Union ▇▇▇▇▇▇▇ at the meeting to discuss the disciplinary action. Should an employee decline Union representation during any disciplinary meeting, the decision will be agreed upon. If noted in writing and signed off by the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 . In the event that an employee with seniority a ▇▇▇▇▇▇▇ or other Bargaining Unit member is called for an interview by Management in which not readily available to attend a meeting and immediate disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee action is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedrequired, the Arbitrators Supervisor shall arrange a meeting for the next business day to discuss the action taken. 9.06 An Employee shall, upon written request have an opportunity to view their personnel file, except references. Such requests shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified granted within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.three

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee20 7.1 A regular employee may be disciplined or discharged only for just cause and 21 in a fair, with seniority, who impartial and consistent manner as established by the City. It is discharged for any reason whatsoever, 22 understood by the parties that employees are subject to all Rules and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because 23 Regulations of the nature City. 24 7.2 Any official written reprimand shall be furnished to the employee outlining the 25 reason for the reprimand. It is the City’s intention to complete the 26 investigation in a timely fashion and the employee shall be notified of the offense or situation, it is necessary to require the removal 27 potential of an employee from the premises, then his/her Committeeperson such disciplinary action within thirty (or in his/her absence, member 30) calendar days of the Union Executive) City 28 becoming aware of the event giving rise to the discipline. The employee will 29 be notified before such action is taken. Such action will subsequently be confirmed with requested to sign the employee and the Unionstatement; however, in writing, within one (1) working daysignature does not necessarily 30 imply agreement. If the employee should then wish refuses to protest sign, this refusal shall be noted 31 and placed in the employee's personnel file. The employee shall have the 1 opportunity to respond to the reprimand in writing. Whenever possible, the 2 City will make every effort to reprimand an employee (whether verbal or 3 written) in a private manner so as to avoid embarrassing the employee. 4 7.3 Disciplinary actions involving discharge, demotion and suspension with loss 5 of pay are subject to the grievance provisions of this Agreement. Written 6 instructions and cautionings are subject to the grievance provisions of this 7 Agreement. Written or verbal warnings are not grievable. Such warnings are 8 not to be considered a "first offense" under City Personnel Policies and 9 Procedures, Policy # 19; however, such warnings may be used as a basis to 10 substantiate future disciplinary action under Policy #19. 11 7.4 Any discharged employee who has completed his/her probationary period 12 shall have the right to appeal said discharge directly to the third step of the 13 grievance procedure provided such appeal is made within five (as 5) days from 14 the effective date of such action, computed in accordance with Section 8.3 15 (D). 16 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 17 employees on initial hire or rehire shall not be subject to the grievance 18 procedure of this Agreement. 19 7.6 In imposing disciplinary measures by incremental steps based on successive 20 deficiencies in employee performance on a grievance)current charge, he/she shallthe Department 21 Head will not take into consideration prior infractions of the same rule which 22 occurred more than eighteen (18) months previously, within 72 hours (not including Saturdayexcept in safety 23 violations substantiated by Personnel Policies and Procedures, Sunday or Statutory Holidays) or such notice Policy 24 Number 19, and discharge cases in which the overall disciplinary record of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that 25 the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration consideration. 26 7.7 An employee, upon request, shall be entitled to Union representation at 27 disciplinary interviews or conferences in any subsequent incidents in which the employee is subject to discipline.accordance with law. 30 ARTICLE 8

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeea. After completion of the probationary period, with seniorityemployees may be discharged, who is discharged disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have a CEASMC representative present at any reason whatsoever, and feels disciplinary conference. b. Any written discipline shall include provision for the employee to sign that he/she has received the disciplinary material. The employee’s signature indicates that a copy has been unjustly received, not that the employee necessarily agrees with the content. The employee has fifteen (15) workdays to respond in writing to any disciplinary communication. For good cause, the Department of Human Resources may grant an extension of the time for the employee to respond to a disciplinary communication. c. The principal, site administrator, or department head shall inform the employee in writing of the intent to recommend suspension or discharge. d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt withwith at the lowest organizational level. e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given an opportunity a copy of meeting with his/her Committeeperson before he/she is the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will be required to leave sign the premises. If, because material acknowledging receipt of the nature copy. f. In order to respect the rights of the offense all persons involved, employees will be afforded due process. Any parent, student, or situation, it is necessary other third person complaints made to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, any member of the Union Executive) administration that are used in any manner in evaluating such personnel will be notified before such action is taken. Such action will subsequently be confirmed with the employee investigated and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up called to his/her full seniority and/or compensated for lost payattention, or (3) Substitute some lesser penalty. 5.2 In unless the event investigation is being conducted by a law enforcement agency or the Department of Social Services. Anonymous complaints that an employee with seniority is called for an interview by Management in which disciplinary measures have not been verified shall not be used against the employee are involved, such in matters of discipline or evaluation. Any non-probationary employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If found by the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedSuperintendent, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penaltyBoard, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been Public School Employees Labor Relations Board to be unjustly suspended or discharged shall if he/she so requests, be permitted an interview reinstated with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because full compensation for all lost time and with full restoration of the nature all rights and conditions of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineemployment.

Appears in 1 contract

Sources: Collaboration Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. The Association recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, with seniority, who is discharged for any reason whatsoeverthe directives of his/her supervisor, and feels in accordance with good judgment, common sense and ever mindful to the well being of the students of the School District. The Board recognizes that discipline and/or discharge from employment for non-probationary Employees shall be given only for just cause. B. Major infractions such as, but not necessarily limited to, theft, assaults, reporting to work under the influence of alcohol, narcotics or drugs, failure to pass a random drug/alcohol test, loss of necessary licenses, poor driving record, will subject the Employee to discharge provided that the Employee has received written notification of the charges against that Employee and has been afforded an opportunity to be heard prior to the assessment of discipline. C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employee shall also have the right not to have the Association representative present at a disciplinary conference. The imposition of discipline may not be unreasonably delayed for the presence of an Association representative. ▇▇▇▇▇▇ reprimands may be imposed immediately by management but the Employee may request a follow-up conference at a later time to discuss the matter with an Association representative present. It is understood that discipline should be imposed in private between the supervisor, the Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of the presence of other Employees. All discipline shall remain confidential to the extent permitted by law. The parties recognize that the Michigan Supreme Court has been unjustly dealt with, will held that school Employee disciplinary records contained in an Employee's personnel file are subject to disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure commencing with the second step. E. Any Employee given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If action taken with a copy sent to the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated Association President and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyVice- President. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeMaintenance of Discipline It is agreed that the maintenance of discipline is essential to the satisfactory operation of the plant. Notice of Suspension, with seniorityDisciplinary Layoff or The plant management agrees promptly upon the suspen- sion, disciplinary layoff or discharge of an employee including a probationary employee who is discharged has worked for any reason whatsoeverthe plant more than thirty days to notify in writing the employee and the ▇▇▇▇▇▇▇ or Plant Shop Committeeperson in the district of the suspension, disciplinary layoff or discharge, and feels that he/she has been unjustly dealt with, the reason therefor. Such notice will be given provided at a reasonable time where practicable prior to the end of the shift and will advise the employee that the employee has the right to request union representation. If such an opportunity of meeting employee is absent from the plant at the time the action is taken, or where it was not practicable to provide written notice prior to leaving the plant, management will send to the employee’s last known address notice ofsuspension, disciplinary layoff or discharge and notice that the employee has the right to request representation. Union Representation The employee may ask to discuss the suspension, disciplin- ary layoff or discharge with his/her either the ▇▇▇▇▇▇▇ or Plant Shop Committeeperson for the district and the management will des- ignate an office where the employee may do so before he/she the em- ployee is required to leave the premisesplant. IfUpon request, because the employee’s Supervisor or other designated representative of management will discuss the nature of the offense suspension, disciplinary layoff or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed discharge with the employee and the Union▇▇▇▇▇▇▇ or the Plant Shop Committeeperson. In proper cases, exceptions shall be made. Appeal of Discharge Should a discharged employee or the Union representative and the Plant Shop Committee consider the discharge to be im- proper, acomplaint shall be presented in writing, writing through Committee to the designated Labour Relations Representative within one (1) working dayforty-eight hours of the discharge. The Management of the plant will review the discharge and give its answer within seventy-two hours after receiving the complaint. The Man- agement of each plant is to settle such matters. If the employee should then wish decision is not satisfactory to protest his/her discharge (as a grievance)the Union, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed the matter shall be referred to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)of the grievance procedure within five working days after the Management gives its answer to the Union. If subsequently it is decided that the Use of Past Record In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than three years previously nor impose discipline on an employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If falsification of the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over ’s employment appli- cation after a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which from the employee is subject to discipline.employee’s date of hire. Work Standards

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee4.1 Employees hired on or after the effective date of this Agreement shall undergo a 60 day trial period, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity except those hired as a result of meeting with his/her Committeeperson before he/she is required to leave a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the premisestrial period. If, because Upon successful conclusion of the nature trial period, the Employee’s seniority date shall be the first date worked. 4.2 Absent just cause the Employer may not discharge or discipline , an employee who has completed his trial period. The Employer shall conduct its own investigation of the offense circumstances surrounding the alleged misconduct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and the disciplinary action being imposed. 4.3 Upon the request of an Employee, the Union, through union staff or situationstewards, it is necessary shall have the opportunity to require be present for all investigative meetings involving employees. 4.4 Disciplinary actions, excluding unexcused absences and tardiness shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or final warnings the period shall be 24 consecutive months from the date of the suspension or final warning. 4.5 If the customer demands the removal of an employee from its account, the premises, then his/her Committeeperson (or in his/her absence, member Employer may remove the employee from further employment at the account. The Employer will advise the Union of the information it has relating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A management official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with may challenge the employee bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer instigation, provided, however, that in any arbitration on the Union’s challenge, in writing, within one (1) working day. If order to establish the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice bona fides of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided its contention that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate customer requested removal of the employee, who may be awarded up the Employer need not call customer employees or representatives as witnesses and can rely upon hearsay evidence. With respect to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against removed pursuant to a customer request, unless the Employer has cause to discharge the employee, the Employer will place the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have in a Committeeperson present job at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation another account for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job offered by the Employer is not at comparable pay and benefits, the employee may choose to disciplineplace their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. 4.6 The Employer shall have the right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge shall include, but not be limited to, the following: A. Theft. B. Possession of unlawful, prohibited or dangerous weapons. C. Fighting on the job D. Security violation cited by Custom Boarder Patrol or TSA Resulting in a fine for the Employer E. Agency revocation of Badge

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the employer representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: personnel record after twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeepersonmonths, if on shiftthere are no further disciplines for "no-call, in an office provided by no-show" during the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two twelve (212) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinemonth period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 10:01 The Company reserves the right to discipline, demote, suspend and/or discharge an employee for just and reasonable cause. 10:02 Without limiting the generality of subparagraph 10:01, the Company and the Union agree that failure on the part of the Dependent Contractors (that is, employees referred to in subparagraph 3:01 (i) and (ii) to pay the Company dispatch fees (referred to in Schedule 1) and any other outstanding sums within 30 days after due date may result in dismissal and reassigning of the Dependent Contractor’s position. Such action shall be subject to grievance at step 3 of the grievance procedure. 10:03 An employeeemployee shall have the right to have a Shop ▇▇▇▇▇▇▇ present during any discussion with the Company, with senioritythe purpose of which is to administer disciplinary action or penalty. The Company will, who is where practicable, notify the employee in advance of the meeting of the purpose of the meeting so that the employee will have a reasonable opportunity to have a Shop ▇▇▇▇▇▇▇ present. This provision shall not apply to discussions which involve the operational requirements of the Company and do not involve disciplinary action by the Company. 10:04 An employee disciplined/discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) cause will be notified before such action is takenin writing of the reasons for the discipline/discharge at the time of the discipline or, at the earliest possible date thereafter. Such action A copy of the reasons for discipline will subsequently be confirmed with the employee and sent to the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that 10:05 The Company shall arrange for an employee with seniority is called for an interview by Management to view his personnel file in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have presence of both a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee Company representative and the Union within one working day. If representative. 10:06 An employee covered by this Agreement shall have the right to refuse to cross a legal picket line without having such act deemed grounds for disciplinary action by the Company or otherwise to be a violation of this Agreement. 10:07 Whenever an employee's grievance employee is processed through arbitration as herein providedrequired by the Company to sign a document that reflects receipt of notification of discipline, the Arbitrators employee does so only to acknowledge receipt of the notice. 10:08 The Company shall be empowered make every reasonable effort to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview provide a Dependent Contractor with the Plant Chairperson or Plant Committeeperson, if written notice prior to imposing discipline on shift, in an office provided any driver employed by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineDependent Contractor.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeSection 7.1 9 • In a case of disciplinary action taken by the City involving discharge, with seniorityreduction in rank or pay, who is discharged for or suspension from office against any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before bargaining unit, all appeals to such action shall be in accordance with the grievance and arbitration procedures of this Agreement.‌ A) The City shall not discharge or suspend for disciplinary reasons, any non- probationary employee except for just cause. Just cause may include, but is takennot limited to, violation of departmental rules and regulations, failure to obey superior officers' commands or failure to perform the duties of this position in a competent and professional manner. Such action will subsequently A consistent failure to meet organizational objectives as clearly set forth may also be confirmed with grounds to discipline or discharge after an appropriate opportunity is given the employee to begin to meet such objectives. It is mutually agreed that progressive discipline for minor matters should be typically employed to correct minor problems. The non-probationary employee shall first receive an oral and/or written notice before more severe discipline is issued. It is acknowledged, however, that a warning notice, whether verbal or written, need not be issued first for major rule and regulation infractions or for any other major cause. Discharge must be by proper written notice to the employee and a member of the Union, in writing, within one (1bargaining unit who is a Union official citing specific reasons for such discharge. B) working dayDischarged or suspended non-probationary employees will be permitted to review their discharge or suspension with their ▇▇▇▇▇▇▇. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedUpon request, the Arbitrators shall be empowered to either:City or designated representative may discuss the discharge or suspension with such employee and the ▇▇▇▇▇▇▇. • (1C) Uphold the discharge, or (2) Reinstate the Should a non-probationary employee, who has been discharged or given a disciplinary suspension, consider such discipline to be improper, a grievance may be awarded up processed initially at the written step of the grievance procedure, provided the grievance is submitted within • five (5) working days from the date discipline was imposed on the aggrieving employee . Discharge of probationary employees is not subject to his/her full seniority and/or compensated for lost pay, orthe grievance procedure.‌ (3D) Substitute some lesser penalty. 5.2 In the event The parties hereby agree that once an employee with seniority is called has elected to pursue a remedy under State or Federal law for an interview by Management in alleged conduct which disciplinary measures against may be a violation of the employee are involvedCollective Bargaining Agreement, such employee will be given notice prior, shall not have simultaneous resort to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee procedure and the Union within one working day. If an employee's any grievance is then being processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold deemed withdrawn by the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost payparty filing. Any seniority employee who has been suspended decision rendered shall be binding on both parties. E) This shall not preclude employees from exercising their rights guaranteed under State or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineFederallaw.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, The Company will not discharge or discipline an employee without just cause. Any employee who is discharged called before a representative of Management for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave a disciplinary interview or discharge shall have a Union Representative present. In the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with event the employee and desires to challenge the Uniondisciplinary action, in writing, a Union Representative within one five (15) working day. If the employee should then wish to protest his/her discharge (as a grievance)days of said disciplinary action, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit may file a written grievance (as defined in Step 1, Section 4.3) beginning with the Company at Step 2 (Section 4.4)Such grievance must be signed by the disciplined employee and a Union Representative. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated In applying discipline for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedrepeated infractions of Company rules, the Arbitrators shall be empowered Company does not consider infractions which occurred more than twelve (12) calendar months prior to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 infraction being considered. In the event that an employee with seniority is called absent for an interview by Management in which disciplinary measures against the employee are involveda period of thirty (30) or more consecutive calendar days, such employee will twelve (12) calendar month period shall be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at extended by the number of calendar days such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2absent. No Strike Clause The suspension will be confirmed in writing with the employee Company and the Union within one working dayagree to abide by the Ontario Labour Relations Act in regards to strikes and lockouts. If an employee's grievance Company. Bulletin Board -The Company extends to the Union the privilege of using its bulletin board. All Union notices posted on the bulletin board must be signed by the proper officer of the Union. Non-Discrimination The provisions of this agreement shall apply to all employees covered by this agreement without discrimination on account of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. Gender Whenever the male gender is processed through arbitration as herein providedused in this agreement, it shall apply equally to the Arbitrators shall female gender. Plant Rules Any new rule or regulation will be empowered to either uphold discussed with the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost payUnion before it will be put into effect. Any seniority employee who has been suspended or discharged reference to Siemens Canada Limited shall if he/she so requests, hereby be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office known as Siemens Automotive Inc. The Parties to this Agreement have provided by the Company, before leaving the Plant. If because for a Retirement Pension Plan “Appendix A which is hereby made a part of the nature Collective Agreement. Parties to this Agreement have provided for an Insurance Program, “Appendix B which is hereby made a part of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson Collective Agreement. The current insurance contract providing for such benefits outlined in “Appendix will be notified within two (2) working daysmade available to the Chairperson. (Monday The Parties to Friday this Agreement have provided for an Agreement covering Supplemental Unemployment Benefits, “Appendix which is hereby made a part of the Collective Agreement. Parties to this Agreement have exchanged letters which have become part of this Agreement as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Production Standards and Time Study Training Chairperson and Vice-Chairperson Seniority Overtime Distribution Fees Discipline Leadhands

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued,an employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitrationpersonnel record after twelve (12) months, as herein providedif there are no further disciplines for "no-call, no show" during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeSection 12.1. The Employer shall have the right to discharge, with seniorityreduce, who is discharged suspend, or discipline any Employee for any reason whatsoeverjust cause. Section 12.2. In the event of a suspension, reduction, or discharge for disciplinary reasons, the grievance and feels that he/she has been unjustly dealt withthe arbitration procedures of this Agreement shall be applicable. In the event of a written reprimand, will be given an opportunity of the Employee may request a meeting with his/her Committeeperson before he/she is required to leave the premises. If, because Administrator of the nature Employee’s unit or section within ten (10) calendar days of its issuance to discuss the offense or situationreprimand; Section 12.3. With respect to all written disciplinary matters, it is necessary to require the removal of an employee from Employer will notify the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the UnionEmployee, in writing, within one a reasonable period of time of any discharge, reduction, suspension, or written reprimand. The Union may contest any disciplinary action proposed or taken on the grounds that it was not imposed within a reasonable period of time as provided in this Section in the predisciplinary, grievance, or arbitration hearing. Progressive discipline will normally be followed, but may vary depending on the severity of the offense. If the Employee or the Union desires to contest a suspension, reduction, or discharge, either the Employee or the Union shall file a grievance within ten (10) calendar days from the date of the above notice. In such event, the dispute shall be submitted and determined under the grievance and arbitration procedures hereinafter set forth, commencing at step 3 of the grievance procedure. An Employee may submit for inclusion in his or her personnel file a written rebuttal regarding any written reprimand. (a) For the purposes of this Article only and any grievance or arbitration proceeding relating to disciplinary action, records of prior disciplinary action against the Employee in question shall not be admissible in any predisciplinary hearing or grievance or arbitration proceeding after the time periods stated below, unless (1) working day. If the employee should then wish to protest his/her discharge Employee or Union argue the Employee’s good work record for the time period preceding these limits, or (as a grievance), he/she shall, within 72 hours 2) the Employer has imposed further discipline during the specified period. (not including Saturday, Sunday or Statutory Holidaysb) or such notice The periods of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to eitheradmissibility are: (1) Uphold the discharge, or▇▇▇▇▇▇ and written reprimands – one (1) year. (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, orSuspensions of two (2) days or less – two (2) years. (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because Suspensions of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within more than two (2) working days. (Monday to Friday as work week) 5.3 Previous , disciplinary demotions or reductions, or other disciplinary action over – three (3) years. (c) All records of inadmissible discipline, pursuant to Section 12.4(b), shall be removed from the Employee’s personnel file upon the expiration of the discipline and placed in a period file for outdated discipline. The admissibility restrictions of eighteen months this Section shall not apply to any record of discipline for theft; falsification of records; destruction of Employer equipment, property, or records; or mistreatment or neglect of clients or family members, members of the public, or other employees (where such abuse or neglect has resulted in more will than a verbal or written reprimand). Section 12.5. Prior to the discharge, reduction, or suspension of any Employee who has completed his or her probationary period, the Employer shall provide the Employee with written notice of the charges against him or her, an explanation of the Employer’s evidence, and an opportunity to present a response to the charges. The Executive Director or his or her designee shall conduct this pre-disciplinary hearing. The Executive Director’s designee may not be taken into consideration someone who witnessed the offense in question or was involved with the disciplinary investigation, or an administrator or manager in the Employee’s direct chain-of-command. Before the hearing, in order to minimize any subsequent incidents perception of prejudgment or bias, the agency will provide the hearing officer only with the notice of the hearing and only such other information as the hearing officer has a reasonable need to know. If the Union or Employee believe that these requirements have not been complied with, the Employee or Union must submit a written objection to the appointment of the hearing officer to the Human Resources Director, together with evidence of the claimed violation. At that point, the Executive Director may conduct the hearing personally or may, in his or her sole discretion, appoint a hearing officer from outside the agency. Following the hearing, the designated hearing officer shall not discuss the case further with counsel for the agency until he or she has submitted a written recommendation to the Executive Director, with the understanding that the Executive Director remains free to consult with counsel or other managers before issuing a final decision. The notice of the date, time, and location of the hearing, together with the charges to be considered, shall be served upon the Employee no later than seventy-two (72) hours before the hearing. If, in the Employer’s judgment, the presence of the Employee pending the outcome of the pre-disciplinary hearing might create disturbance or disruption in the workplace, the Employer may place the Employee on suspension pending the outcome of the hearing. Any such pre-hearing suspension shall be with pay unless there has been an independent finding of probable cause, such as an indictment or arrest followed by a court determination of probable cause. Upon request of the Employee or the Union representative, the Employer shall provide a copy of all written materials to be used as evidence in the hearing to the Employee or representative no less than forty-eight (48) hours prior to the beginning of the hearing. Section 12.6. If an Employee is notified of a pre-disciplinary hearing or called in for a meeting that may lead to disciplinary action against the Employee, the Employee may, at his or her option, be accompanied by a Union representative. At the point at which the employee supervisor or other management representative determines that an Employee is the target of probable disciplinary action, the Employer shall notify the Employee of the possibility of disciplinary action before commencing or continuing with an interview of the Employee who is the target of the investigation. The parties expressly agree that the obligation to provide this notification is not triggered until the Employer determines that disciplinary action against the Employee is probable, and that the Employer may conduct initial fact-finding discussions with the Employee regarding complaints or charges without providing such notification. If the Employee who is the target of a disciplinary investigation requests Union representation, the Employer shall suspend further discussions with that Employee until the presence of a Union ▇▇▇▇▇▇▇ or official can be secured. If an Employee elects not to be accompanied by a Union representative, he or she must sign a written waiver of representation, with a copy of the waiver provided to the Union. An Employee electing to proceed without Union representation is not entitled to other representation, by counsel or otherwise. Section 12.7. Upon request of the Employer, an Employee who has been absent from work for a scheduled shift (other than vacation or an approved leave of absence, which are covered by other Articles herein) must furnish proof satisfactory to the Employer justifying the reason for the absence or be subject to disciplinedisciplinary action. Section 12.8. Following the discharge of an Employee, the Employer shall request the Auditor to issue a warrant, in the next subsequent pay period, to the Employee for all wages and other compensation earned and due to the Employee, less any deduction for County property withheld or debts owed pursuant to law or this Agreement. Section 12.9. The Executive Director shall submit his or her recommendation for a suspension or discharge of an Employee for approval by the Board of County Commissioners in accordance with Ohio law. Section 12.10. Managers who are responsible for quality assurance, family support services, or who serve as an agency ombudsman shall have no authority to issue disciplinary action to any Employee except for one under his or her direct supervision. Further, while managers who perform these functions may share with the Executive Director or the Human Resources Department any information or concerns regarding Employee performance that may have arisen in the course of performing his or her duties, he or she shall have no authority to recommend disciplinary action or specific amounts of such discipline under the provisions of this section.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 18.01 The discharge or disciplining without just cause of employees, other than probationary employees, may be dealt with as a grievance under this Agreement, if the employee concerned believes that his discharge or disciplinary action is in violation of this Agreement; provided that any such discharge complaint is presented at the Second Stage of the grievance procedure contained herein not later than seven (7) calendar days after the date of such discharge. Every effort shall be made to hold such Second Stage meeting within forty-eight (48) hours from the receipt by the Company of such Second Stage grievance. 18.02 If it should be determined under the grievance procedure that the discharge or disciplining of any employee is in violation of this Agreement, then such employee shall be reinstated by the Company and paid full compensation (less money earned by the employee during the time lost) at the employee's basic rate plus any applicable C.O.L.A. for the time lost while such discharge or disciplining was in‌ effect, with senioritybut limited to a maximum of forty (40) hours per week, who is discharged for all in respect of time so lost after such date. Upon such reinstatement, the employee's seniority shall continue as if no discharge or disciplining had occurred.‌ 18.03 Any Warning, Written Reprimand, Suspension or Notice of Discharge given to any reason whatsoever, and feels that he/she has been unjustly dealt with, will employee shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working dayin duplicate. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently Where practicable it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday workdays of the time when the incident giving rise to Friday as work week)the discipline comes to the attention of the Company. 5.3 Previous disciplinary action over 18.04 In any case where a period of eighteen months ninety (90) calendar days has elapsed since an employee last received a Warning (as distinct from a Written Reprimand or more will a Suspension) for being absent without leave from his regular work, all previous Warnings (as distinct from Written Reprimands or Suspensions) for absence without leave shall be removed from the employee's record and shall not be taken into consideration by the Company when it decides upon the disciplinary action which is applicable with respect to subsequent absences without leave by such employee.‌ Similarly, in any case where a period of one (1) year has elapsed since an employee last received a Written Reprimand (as distinct from a Suspension) for being absent without leave, all previous Written Reprimands (as distinct from Suspensions) for absence without leave shall be removed from the employee's record and shall not be taken into consideration by the Company when it decides upon the disciplinary action which is applicable with respect to subsequent incidents absences without leave by such employee.‌‌ 18.05 Any Written Reprimand given as a Step II, Step III or Step IV or any Notice of Discharge will, where practicable, be given to an employee in which the presence of a Union ▇▇▇▇▇▇▇ if the employee is subject to disciplineso requests.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued,an employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days, excluding holidays after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline involving Reportable Events or potential violations of HIPAA, will be notified before such action is takenexcluded from this limit. Such action Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will subsequently be confirmed with excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee and the Union, in writing, within one (1) working dayfirst discipline will be a two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitrationpersonnel record after twelve (12) months, as herein providedif there are no further disciplines for "no-call, no show" during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An ‌ Section 1. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. The Department Head may discipline an employee for just cause. Just cause shall be defined as a cause which a reasonable employer, acting in good faith, would regard as good and sufficient reason for the level of discipline issued against the employee for the infraction that led to the disciplinary action, and the discipline was consistent with how other employees, in the same department and in similar situations, were treated as distinguished from arbitrary whim or caprice. In informing an employee of proposed discipline, the County can refer to the Lancaster County Personnel Rules to set forth the basis for the proposed discipline. Section 2. A Department Head may reprimand any employee for cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may appeal the reprimand directly to the Human Resources Director. The appeal shall be presented within fifteen (15) working days of receipt of the reprimand. The response to the appeal shall be in writing and shall be issued within fifteen (15) working days of receipt of the appeal. The written decision on the appeal shall be final and binding upon the parties to the appeal. The grievance procedure as outlined in Article 19 shall not apply to this Section. The employee Section 3. All forms of discipline, with seniorityrebuttals, or explanations shall remain in the employee’s personnel file, including such files within a department. However, no written reprimands shall be used to enhance any subsequent discipline after 18 (eighteen) months from the date of the written reprimand. Section 4. A Department Head may suspend an employee without pay for cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 6 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within fifteen (15) working days of notice of suspension. Section 5. A Department Head may dismiss any employee with status only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the Board within fifteen (15) working days of notice of dismissal. Section 6. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such shall give written notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office recordsdismissal in accordance with Section 5, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided and if after investigation the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee was unjustly dismissed, he/she shall be reinstated and may be compensated awarded back pay for lost wages any portion of the suspension time not imposed as may be agreed upondisciplinary action. Section 7. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, An employee who may be awarded up to his/her full seniority and/or compensated for lost pay, or receives three (3) Substitute some lesser penalty. 5.2 or more reprimands within a twelve (12) consecutive month period shall be authorized to utilize the appeal procedure outlined in Article 19 of this Agreement. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against appeals the employee are involvedthird or additional reprimand during a twelve (12) consecutive month period, such employee will be given notice prior, documents relating to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators preceding like reprimands shall be empowered to either uphold admissible in the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineappeal procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 9.01 No employee shall be discharged, disciplined, or demoted except for just and sufficient cause, save and except as expressly stated in 9.02. 9.02 A probationary employee may be laid-off or discharged during his or her probationary period upon the reasonable exercise of the Company's discretion bearing in mind the relative short length of service of the employee in question, without cause or notice. 9.03 Any employee is entitled to be accompanied by a Union Shop ▇▇▇▇▇▇▇ when interviewed in the course of a disciplinary discussion with a ▇▇▇▇▇▇▇ or person above the rank of ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ or person above the rank of ▇▇▇▇▇▇▇ will inform the employee of this right. Upon advice from the employee that he or she wishes to be accompanied by a Union Shop ▇▇▇▇▇▇▇ the Company will establish the time and place of such meeting allowing sufficient time, where safe operation of the Plant is not affected, for the employee to secure a Union Shop ▇▇▇▇▇▇▇ or staff representative 9.04 Any employee at any time may have access to his or her personnel file and obtain a photocopy of this personnel file at no expense to the employee. Any employee may authorize the Union to obtain a copy of their personnel file. In grievance situations the Union will have access to personnel files where the Union deems this information relevant. (a) All warnings, with seniority, who is discharged for any reason whatsoever, reprimands and feels that he/she has been unjustly dealt with, other negative comments shall be removed from an employee's file twelve (12) months after they are dated providing no other incidents occur within this period. Such comments will be sealed but retained in the file. Company agrees not to use information in the sealed file against the employee unless the employee or his or her representative refers to the information. (b) Any notice or disciplinary action which is intended to form part of an employee's record shall be given an opportunity of meeting to the employee in writing with his/her Committeeperson before he/she is required a copy to leave the premises. If, because Shop Stewards within fifteen (15) working days from the time the Company becomes aware of the nature incident. 9.05 Disciplinary measures shall be appropriate to the principles of the offense or situationprogressive discipline. Employee’s off for disciplinary measures, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or three (3) Substitute some lesser penalty. 5.2 In day suspension), and works overtime at the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators Company’s request shall be empowered to either uphold paid at the suspensionovertime rate of 1 ½ times his regular hourly rate 9.06 It is agreed that there shall be no discrimination, substitute some lesser penaltyinterference, restrictions, coercion, harassment, intimidation, or remove stronger disciplinary action exercised against any employee by any of the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided grounds prohibited by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineOntario Human Rights Code.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the employer representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a represen- tative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: personnel record after twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeepersonmonths, if on shiftthere are no further disciplines for "no-call, in an office provided by no show" during the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two twelve (212) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinemonth period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ 7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued,an employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days, excluding holidays after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline involving Reportable Events or potential violations of HIPAA, will be notified before such action is takenexcluded from this limit. Such action Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center’s Attendance/Lateness Policy and Procedure will subsequently be confirmed with excluded from this limit. 7.7 For disciplines involving “no-call, no-show” the employee and the Union, in writing, within one (1) working dayfirst discipline will be a two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration’s personnel record after twelve (12) months; if there are no further disciplines for “no-call, as herein provided, no show” during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An (a) No employee who has acquired seniority shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Employer's decision or by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an arbitrator if the matter is referred to arbitration. (b) When an employee, with seniority, who is discharged covered by this Collective Agreement, is called into a meeting with Management to investigate the employee's alleged misconduct or to impose discipline upon him, a Union ▇▇▇▇▇▇▇ of the employee’s choice shall be present during the meeting, so long as that Union ▇▇▇▇▇▇▇ is available at the time of the meeting. If the Union ▇▇▇▇▇▇▇ chosen by the employee is not available or the employee does not choose a Union ▇▇▇▇▇▇▇, the Employer shall assign an available Union ▇▇▇▇▇▇▇ to attend this meeting. In the absence of an available ▇▇▇▇▇▇▇, another bargaining unit employee of the employee’s choice shall be present at the meeting. Should the employee not choose another employee to be present, the Employer shall select such employee. (a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for any cause, discharge or suspension, shall be in writing and shall contain the reason whatsoeverfor the warning, and feels that he/she has been unjustly dealt withreprimand, will suspension or discharge. One copy shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she copy shall be reinstated given to the Employer and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators one copy shall be empowered given to either:the Union Office within seven (7) days of the incident giving rise thereto. (1b) Uphold the discharge, or (2) Reinstate the employee, who may A disciplinary warning or reprimand which is not in writing shall not be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that adduced in evidence against an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents disciplinary proceedings in which the employee is subject to disciplineinvolved. (c) Other than discipline arising from harassment or violence in the workplace, all other discipline will be removed from an employee’s file twelve (12) months after the discipline was issued.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. The Association recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, with seniority, who is discharged for any reason whatsoeverthe directives of his/her supervisor, and feels in accordance with good judgment, common sense and ever mindful to the well being of the students of the School District. The Board recognizes that discipline and/or discharge from employment for non-probationary Employees shall be given only for just cause. B. Major infractions such as, but not necessarily limited to, theft, assaults, reporting to work under the influence of alcohol, narcotics or drugs, failure to pass a random drug/alcohol test, loss of necessary licenses, poor driving record, will subject the Employee to discharge provided that the Employee has received written notification of the charges against that Employee and has been afforded an opportunity to be heard prior to the assessment of discipline. C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employee shall also have the right not to have the Association representative present at a disciplinary conference. The imposition of discipline may not be unreasonably delayed for the presence of an Association representative. Verbal reprimands may be imposed immediately by management but the Employee may request a follow-up conference at a later time to discuss the matter with an Association representative present. It is understood that discipline should be imposed in private between the supervisor, the Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of the presence of other Employees. All discipline shall remain confidential to the extent permitted by law. The parties recognize that the Michigan Supreme Court has been unjustly dealt with, will held that school Employee disciplinary records contained in an Employee's personnel file are subject to disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure commencing with the second step. E. Any Employee given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If action taken with a copy sent to the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated Association President and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyVice- President. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 11.1 Subject to Articles 4 and 12, no employee shall be disciplined or discharged except for just cause. Without limiting management’s right to discipline and discharge employees for just cause, the parties acknowledge their shared view of the extremely serious nature of the following employee misconduct. a) Theft of property, regardless of amount, or aiding in the commission of a theft of property; b) Destruction or sabotage of Company property; c) Falsification of Company documents; d) Unauthorized use or disclosure of confidential information regarding the business or a customer; e) Falsifying or misrepresenting employment information; f) Verbal or physical violence in the workplace, including any form of threat; and g) Defamation of character including through social networking. An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with arbitrator shall take this joint statement into account in exercising his/her Committeeperson before heremedial jurisdiction. For the purposes of clarity, the infractions set out in this Article are not intended in any way to exclude other grounds for discharge with just cause. 11.2 A claim by a non-probationary employee that s/she he as been discharged, suspended or otherwise disciplined without just cause shall be treated as a grievance if the written grievance is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed filed with the employee and the Union, in writing, management representative or his designate within one ten (110) working day. If calendar days after the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice has been notified of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or suspension or discipline. The grievance will proceed immediately to Step 2 of the grievance procedure. For the purposes of clarity, the infractions set out in Articles 11.1(a), 11.1(b), 11.1 (2c), 11.1 (d), 11.1(e) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated and 11.1(f) do not exclude other grounds for lost pay, or (3) Substitute some lesser penaltydischarge with just cause. 5.2 In 11.3 Prior to the event that an employee with seniority is called for an interview by Management in which delivery of any formal disciplinary measures against the employee are involvednotice, such employee employees will be given notice prior, to enable him/her if he/she so desires, provided the opportunity to have a Committeeperson union representative present at such an interviewwith them. If Should the employee choose not to have a union representative present, the Union shall be notified as soon as reasonably possible of the formal disciplinary notice. 11.4 No suspension against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is suspended and wishes more than eighteen (18) months old. No verbal or written warnings against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than twelve (12) months old. 11.5 The Company agrees to grieve his/her suspensioncontinue the pay of any employee absent from work on Union business which is not paid for by the Company as provided for elsewhere in the Agreement, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working dayshall reimburse the Company for such wage payment upon receipt of a monthly statement. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators Such leave of absence shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, authorized in an office provided writing by the Company, before leaving the Plant. If because Union and .the cost of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson benefits will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.added per hour worked at 18%

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeSection 9.1. The Employer agrees that, with seniorityexcept for probationary employees and in circumstances as set forth below, the concept of progressive discipline is hereby adopted to govern disciplinary action. It is also understood and agreed that the employer reserves the right to suspend or discharge an employee for a serious infraction without instituting progressive discipline, provided however, non-probationary employees shall retain recourse to the grievance procedure. Section 9.2. Any non-probationary employee who is suspended or discharged and, who believes such discipline is without just cause, may file a written grievance related to such discipline provided such grievance is filed within three (3) working days of issuance of such discipline. A. The Employer agrees to promptly notify the Union in writing of such suspension or discharge, such notice to contain the reasons underlying the suspension or discharge. B. It is understood and agreed that when an employee files a grievance with respect to his suspension or discharge, the act of filing such grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer concerning the alleged offense and such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. C. No member shall be required to make any statements concerning the alleged offense prior to instituting the grievance procedure. D. The discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, or disciplined employee will be given allowed to discuss his discharge or discipline with the ▇▇▇▇▇▇▇ or alternate ▇▇▇▇▇▇▇ of the group and the Employer will make available an opportunity of meeting with his/her Committeeperson area where he may do so before he/she he is required to leave the premises. If, because property of the nature of Employer. Upon request the offense Employer or situation, it is necessary to require his designated representative will discuss the removal of an employee from the premises, then his/her Committeeperson (discharge or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed discipline with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as ▇▇▇▇▇▇▇ or alternate ▇▇▇▇▇▇▇. E. Use of past record: In imposing any discipline on a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedcurrent charge, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more Employer will not be taken take into consideration in account any subsequent incidents in prior infractions which the employee is subject to discipline.occurred more than eighteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises1. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, No member of the Union Executive) will Bargaining Unit shall be notified before such action is takendisciplined, reprimanded, demoted, laid off, or discharged without just cause. Such action will subsequently Termination for any of the eight (8) causes set forth in Section 1122 of the School Code shall be confirmed deemed “discharge for just cause.” Other personnel actions that comply with the procedural and substantive requirements of the School Code shall be deemed to be for “just cause.” 2. Notwithstanding the above provision, a temporary professional employee and or non- tenured employee who is dismissed shall not have the Unionright to bring a grievance based upon the provisions of this article, in writingbut shall be entitled to such rights as are provided under the Public School Code, within one as amended. 3. The time limit for the filing of a grievance over an employee’s discharge shall be fifteen (115) working day. If days after the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such receives written notice of the discharge having been mailed as provided in Section 1127 of the Public School Code, all provisions of Appendix D of this Agreement to him/her by certified post the contrary notwithstanding. This fifteen (15) day time provision is intended to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that permit the employee was unjustly dismissed, he/she shall be reinstated and may be compensated an opportunity to effect the rights provided for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyin Paragraph 4 of this Article. 5.2 4. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against or the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If Association appeals the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit discharge through the grievance at Step 2. The suspension will be confirmed procedure as provided in writing with Appendix D of this contract, the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators Association shall be empowered deemed to either uphold waive the suspensionright of appeal to a court or administrative agency concerning such discharge. Further, substitute some lesser penalty, should an employee appeal the discharge under the School Code or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the PlantAdministrative Agency Law, then the Plant Chairperson or Plant Committeeperson employee shall be deemed to have waived the right to proceed in that matter under the grievance procedure in Appendix D of this Agreement, and by the virtue of the exercise of that option the Association will be notified within two (2) working daysdeemed to have waived the right to file a grievance under the contract. 5. (Monday Nothing contained herein shall be construed to Friday deny or restrict to any employee such right as work week)may exist under Section 1133 of the School Code of 1949 as amended. 5.3 Previous disciplinary action over 6. With respect to any discharge or discipline case which is decided by an arbitrator, the Board and the Association each agree to waive the right to appeal the decision of the arbitrator to a period court of eighteen months record or more to attack collaterally the decision of the arbitrator in any other forum. Since it is the purpose of this section to insure that arbitral decisions in discharge and discipline cases are final and not subject to modification or reversal by any outside agency, the Board and Association each agree that they will not be taken into consideration provide legal counsel to or otherwise support any litigation undertaken by any individual in any subsequent incidents in which forum for the employee is subject to discipline.purpose of reversing or modifying such a final award. By: By: ▇▇▇▇ ▇▇▇▇▇▇▇, President ▇▇▇▇ ▇▇▇▇▇, President By: By: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Chief Negotiator ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Secretary DATE: DATE:

Appears in 1 contract

Sources: Negotiations Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for 9.01 The Company shall not discipline any reason whatsoeverpermanent employee without just cause. The Company will provide a copy of all discipline to the shop ▇▇▇▇▇▇▇, and feels that he/she has been unjustly dealt with, will be given wherever possible the Local Union. 9.02 The Company shall have the right to discharge an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because employee upon any of the nature following grounds and such discharge shall be deemed to be for just cause. a) disclosure of confidential company information; falsification of any reports or records, including personnel records; b) theft or removal of property from the Company’s premises or the Company’s customer’s property without proper authorization unless the employee can establish, to the satisfaction of the offense Company, removal was accidental or situationinadvertent; c) insubordination (wilful refusal to follow the reasonable order of a manager), it fighting or Company premises or while on duty, deliberate tampering, sabotage or destruction of Company property or gross negligence while operating the Company’s vehicles; d) reporting to work under the influence of non-prescription drugs which impair judgement or reflexes or consuming alcohol or drugs which impair judgement or reflexes while on duty or while operating a Company vehicle. It is necessary further understood that the provisions of this Article do not restrict the Company’s right to require the removal of discharge an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. for other reasons constituting just cause. 9.03 If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event Company determined that an employee with seniority is called for an interview by Management in which disciplinary measures against to be disciplined, it shall notify the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee concerned and the Union within one working day. Shop ▇▇▇▇▇▇▇ giving the reasons for such discipline. 9.04 If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who believes that he has been suspended or discharged without just cause, the grievance shall if he/she so requestsbe presented at Step 2 of the Grievance Procedure within the time limits as specified in Article No. 10. 9.05 If the Company imposes a disciplinary suspension on an employee, the commencement of the suspension may be permitted an interview with postponed, at the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by option of the Company, before leaving up until the Plantcompletion of the grievance and arbitration process. 9.06 A Shop ▇▇▇▇▇▇▇ shall be present at any disciplinary meeting imposing suspension or discharge, and in any formal disciplinary meeting between an employee and the Company where the matter discussed is to become part of the employee’s disciplinary record. If because a Shop ▇▇▇▇▇▇▇ is not available, a substitute will attend at the request of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson employee. 9.07 Written warnings will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous removed from an employee’s file and will not be considered in a subsequent disciplinary action over process after a period of eighteen months or more (18) months. Discipline for attendance and workplace performance will not compound on each other and will be taken into consideration in any subsequent incidents in which the employee is subject to disciplinetreated separately.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ 7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days, excluding holidays, after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline involving Reportable Events or potential violations of HIPAA, will be notified before such action is takenexcluded from this limit. Such action Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center’s Attendance/Lateness Policy and Procedure will subsequently be confirmed with excluded from this limit. 7.7 For disciplines involving “no-call, no-show” the employee and the Union, in writing, within one (1) working dayfirst discipline will be a two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration’s personnel record after twelve (12) months, as herein providedif there are no further disciplines for “no-call, no- show” during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Service and Maintenance Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union and the employee involved shall be advised in writing of any discharge or suspension. A copy of the notice given to the employee shall be e-mailed, who is discharged for any reason whatsoever, and feels faxed or sent via inter-office or regular mail to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within fourteen (14) calendar days of receipt by the Union of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. 7.4 Prior to an opportunity of meeting with his/her Committeeperson before he/she is required employee being brought into an investigational conference that may lead to leave discipline, the premises. If, because employer representative shall inform the employee of the nature of the offense conference, including the possibility of a verbal or situationwritten warning, it is necessary suspension or discharge. The employer representative shall notify the employee that s/he has the right to require the removal have a Union Representative of an employee from the premises, then his/her Committeeperson (or choice at the conference. All investigational interviews will be conducted in his/her absenceperson unless: • A patient care issue is involved and information is required to maintain safe patient care and/or • The employee requests a phone interview. In the event an investigational interview is conducted via phone, member the same notice of the Union Executive) employee's right to representation will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daygiven. If the employee should then wish wishes, arrangements will be made for the Union representative to protest his/her discharge (as participate via phone. 7.5 When scheduling a grievance)meeting with an employee that is to take place when the employee is not on duty, he/she shallwill be notified a minimum of twenty-four (24) hours in advance of the issue that will be addressed at the meeting and whether the meeting could lead to disciplinary action. However, within 72 hours when the issue to be discussed pertains to the health, welfare or safety of a patient, a patient’s family, or an employee, or to a serious patient complaint, less than twenty-four (24) hours’ notice may be given. Prior to the meeting, the Medical Center will make every reasonable effort to contact a union representative. An employee may not including Saturday, Sunday or Statutory Holidays) or refuse to participate in such notice of discharge having been mailed to him/her by certified post to his last address shown meeting on the Personnel Office recordsgrounds that a specific union representative is not available if another authorized union representative is working or otherwise available in the Medical Center when the meeting is to be held. Meetings hereunder shall be scheduled at a mutually agreeable date and time. However, submit when the issue to be discussed pertains to the health, welfare or safety of a written grievance (as defined in Step 1patient, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it a patient’s family, or an employee, or to a serious patient complaint, and the Medical Center reasonably determines that immediate attention is decided that required, the employee was unjustly dismissedmay not unreasonably refuse to attend a meeting on a date and time scheduled by the Medical Center. 7.6 The Medical Center will not hold a meeting with an employee which could lead to disciplinary action without a union representative present, heunless the employee declines union representation by signing the following form designated for that purpose: 7.7 Discipline shall not be issued more than thirty (30) calendar days after the Employer knew or reasonably should have known of the event/she incident or the last in a series of events that are reasonably related in time and substance, which led to the issuance of the discipline. The thirty (30) day period may be extended by mutual agreement. Discipline resulting from regulatory agency complaints, patient complaints and discipline resulting from violation(s) of the Medical Center’s punctuality and attendance policy shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyexcluded from this limitation. 5.2 In the event 7.8 A disciplinary meeting that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If take place when the employee is suspended not on duty shall be scheduled at a mutually agreeable date and wishes time. 7.9 If the discharge of a bargaining unit employee results from the conduct relating to grieve his/her suspension, he/she shall within 72 hours (a patient and the patient does not including Saturday, Sunday or Statutory Holidays) submit appear at any stage of the grievance at Step 2procedure, such failure of the patient to appear shall not be deemed as prejudicial. The suspension will be confirmed term “patient” for the purpose of this provision shall include those seeking care or treatment in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration clinics or emergency rooms as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday well as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinethose already admitted.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 4.1 The Employer shall not discharge or discipline any employee except for just cause. There shall exist a single sixty (60) calendar day probationary period for a new employee, and if such any new employee is terminated during the probationary period, such termination shall not be subject to the grievance and arbitration procedures of this Agreement. Any other such discharge or discipline shall be subject to the grievance and arbitration procedures set forth in this Agreement. 4.2 The Employer shall give an employee with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting one written warning with his/her Committeeperson before he/she is required a copy to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, prior to any discharge action, except in writingcases of discharge for drunkenness, within one (1) working day. If for being under the influence or in possession of or engaged in the use of controlled substances on Employer’s property, including Employer parking areas, for dishonesty, failure to report for work as scheduled without notifying the Employer unless the employee should then wish has a valid excuse for not notifying the Employer in advance, or other misconduct which is so serious in nature as to protest hisjustify discharge without warning. Such conduct may include fighting or assaulting another employee, insubordination, violation of certain safety policies (including violation of lockout/her discharge (as tagout procedures, unauthorized repair or adjustment of equipment, removal of or tampering with any device intended to guard from personal injury, violation of confined space procedures, careless operation of a grievancepowered industrial vehicle resulting in injury or severe property damage), heor serious violations of any of the USDA and/or Employer’s food safety regulations and animal welfare/she shallhumane handling requirements. In order for written warning to be valid, it must be issued within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or three (3) Substitute some lesser penalty. 5.2 In working days of the event that an employee with seniority is called for an interview by Management in which disciplinary measures complaint against the employee are involvedconcerning his work or conduct. A warning notice shall be considered void after six (6) months for any warning other than Safety and twelve (12) months for safety, unless withdrawn by the Employer sooner. 4.3 It is understood that conduct may be consideredto be unacceptable and subject to warning, suspension or discharge, even though such employee will conduct is not specifically described or referred to in working rules or other written policies of the Employer. Testing for drug abuse shall be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed solely in writing accordance with the employee Drug and Alcohol policies of the Union within one working dayEmployer. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators Drug testing rules required by law or government regulations shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because deemed a part of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinethis Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave In the premises. If, because of the nature of the offense or situation, it is necessary to require the removal event of an employee being discharged from employment or disciplined, without just cause, the premises, then his/her Committeeperson (or case may be taken up as a grievance. Such grievance shall commence at Step by the aggrieved employee and ▇▇▇▇▇▇▇ shall present to the General in his/her absence, member writing a statement of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with grievance signed by the employee and the Union, in writing, grievance will then be dealt with by the usual Grievance and Arbitration Procedure. Such must be commenced within one five (15) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice days of discharge having been mailed to him/her by certified post to his last address shown on or disciplinary action. The aggrieved employee may have the Personnel Office records, submit a written grievance (as defined assistance of ▇▇▇▇▇▇▇ in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)the preparation of the grievance. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and Such special grievances may be compensated for lost wages as may be agreed upon. If settled by confirming the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate Management’s action in dismissing the employee, who may be awarded up or by reinstating the employee with full compensation for time lost, or by any other arrangement as to his/her full seniority and/or compensated for lost paycompensation which is just and equitable in the opinion of the conferring parties, or (3) Substitute some lesser penalty. 5.2 In or in the event that opinion of the Arbitration Board if the matter is referred to such a Board. When an employee with seniority has been dismissed without notice, shall have the right to interview ▇▇▇▇▇▇▇ at a place designated by the Management for a reasonable period of time before leaving the Plant premises. Management will issue a verbal warning before further disciplinary action is called for an interview by Management taken, unless the circumstances justify immediate discipline or discharge. If a warning is to be given, it shall be given in which disciplinary measures against the employee are involved, such employee presence of a Union Committee Member or ▇▇▇▇▇▇▇. A copy of all warnings will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (Department ▇▇▇▇▇▇▇ not including Saturday, Sunday or Statutory Holidays) submit later than the grievance at Step 2day after the incident. The suspension will be confirmed in writing with the employee Company and the Union within one working dayagree that disciplinary penalties shall not be imposed unreasonably or unjustly. If Verbal warnings and all other records of disciplinary action will be removed from an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who ’s file after one year provided that during this period no further disciplinary action has been suspended taken against that employee. Notwithstanding anything in the Agreement, no dispute as to the discharge or discharged shall if he/she so requestslayoff of any probationary employee, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving shall be considered under the PlantGrievance Procedure. If because Seniority shall be defined as the length of the nature last unbroken service with the Company in accordance with this Article. An employee shall be considered on probation not beplacedon has worked for forty-five (45) days of work, including overtime days worked, but not necessarily consecutive. During such probationary period, the employee shall not be entitled to seniority rights. Upon completion of the offenceprobationary period, it is necessary to require the immediate expulsion of any employee seniority shall be credited from the Plantdate of first employment. Seniority lists, then based upon the Plant Chairperson or Plant Committeeperson will date on which employees commenced to work for the Company, shall be notified established plant-wide as agreed upon between the Company and the Union. Such lists shall be posted and shall be revised every six (6) months and a copy sent to the Union. The seniority list in effect at the signing of this Agreement shall be binding upon the parties hereto, unless a protest in writing is registered with the Company within two (2ten 0) working daysdays of the signing of this Agreement. (Monday Seniority shall be maintained and accumulated during: absence due to Friday as work week) 5.3 Previous disciplinary action over lay-off for a period of up to eighteen (18) consecutive months or more will not be taken into consideration in any subsequent incidents in which provided the employee is subject has six months seniority at the time of lay-off. sickness or accident for a period of up to disciplinethirty-six (36) consecutive months provided the employee has more than six months seniority at the time the sickness or accident commences.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 4.1 The Employer shall not discipline or discharge employees without just cause after completion of a ninety (90) day probationary period; provided however that employees for whom the Union is the collective bargaining representative of the incumbent employees being acquired or assumed by the Employer as a result of a contractor transition as regulated in Section 6.1 shall serve a new probationary period of sixty (60) days upon such transition. Employees will be assessed based on their ability to perform their job duties and will only be terminated if they fail to meet the Employer’s standards or fail to adhere to the Employer’s Attendance Policy. The Employer shall conduct its own investigation of the circumstances surrounding the alleged misconduct before imposing any discipline. 4.2 Any discipline should be issued in writing as soon as possible from the date of the alleged incident. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date, and the disciplinary action being imposed. 4.3 Upon request of an employee, with senioritya member of the Union’s staff or one of its Shop Stewards shall have the opportunity to be present for all disciplinary meetings and all investigative meetings involving employees. 4.4 Disciplinary actions, excluding unexcused absences and tardiness, shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of twelve (12) consecutive months following the last issuance of discipline; except that for suspensions or final warnings the period shall be eighteen (18) consecutive months from the date of the suspension or final warning. 4.5 The Employer may remove an employee from further employment at an account upon the demand of a customer. The Employer shall ask the customer for the reasons for the employee’s removal. The Employer shall ensure that the request is from an appropriate level of the customer’s management. Unless the Employer has just cause to discharge the employee, the Employer will use reasonable efforts to place the employee in a similar job at another account covered by this Agreement. 4.6 Any temporary employee or employee who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with not completed his/her Committeeperson before he/she is required 90-day probationary period may be discharged or disciplined by the Employer in its discretion. No question concerning the discipline or discharge of any such employee shall be the subject of arbitration. 4.7 The parties agree to leave the premises. If, because Attendance Policy included in Attachment B to this Agreement. 4.8 At all times while on ORD or MDW property and identifiable as employees of the nature of Employer (e.g. when wearing the Employer’s uniform), employees shall conduct themselves professionally. 4.9 Cabin cleaners who have not received the Employer’s initial new hire training on security sweeps shall not be disciplined for a failed security sweep. The Employer agrees that ▇▇▇▇▇ cleaners missing TSA and Airline security objects in a rolling twelve (12) month period shall result in: 1st offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within - one (1) working day. If the employee should then wish to protest his/her discharge day suspension and retraining; 2nd offense - (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidaysthree) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated day suspension; and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 23rd offense - termination. The suspension Employer will be confirmed in writing with follow progressive discipline for cabin cleaners that miss the employee and the Union within one working dayEmployer’s test objects. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, misses any sweeps in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Planta rolling calendar year, then the Plant Chairperson or Plant Committeeperson will employee shall be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration retrained in any subsequent incidents in which the employee field for security sweeps, unless termination is subject to disciplinewarranted.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeEMPLOYER agrees not to discharge or discipline any employees without good and sufficient cause; provided, with seniorityhowever, who is discharged that EMPLOYER shall have the right to discharge any new employee for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity whatsoever during the first ninety (90) days of meeting with his/her Committeeperson before he/she is required to leave the premisessaid employee’s employment period. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called EMPLOYER and UNION shall disagree as to the existence of proper cause for an interview the discharge of any employee, excepting new employees discharged by Management the EMPLOYER within aforesaid ninety (90) days from the date of their employment, the matter shall be subject to the grievance procedure in which Article 21. (a) Where the Employer determines that a disciplinary measures against situation does not warrant immediate suspension and/or discharge, the employee are involved, such employee will Employee shall receive written notification of thediscipline and that intended discipline shall be given notice prior, scheduled to enable him/her occur no sooner than ten (10) working days from the date of the written notice. This period may be used by the Employee to grieve the matter if he/she so desires. If a grievance is filed, the discipline shall be held in abeyance while it is being pursued through and including Step III of the Grievance Procedure. (b) Where the Employer determines that a disciplinary situation warrants immediate suspension and/or discharge or for an offense of a continuing nature for which discharge is the intended action, the Employee shall receive the written notification of the intended discipline as soon as it is prepared and available. In situations where the intended discipline is discharge, the Employee shall receive a ten (10) day suspension and notice of intent to discharge him/her. The discharge shall be effective at the end of the period unless a grievance is filed during said ten (10) day period, in which case the suspension shall continue in effect and the discharge shall not become effective until Step III in paragraph (1) below of the Grievance Procedure is completed, unless the parties otherwise resolve the matter before that time. (c) Notice shall be given, to have a Committeeperson present at such the UNION and/or the designated Shop ▇▇▇▇▇▇▇ of any disciplinary action taken or to be taken. (d) In the event an interview. If employee is discharged, the employee is suspended and wishes to grieve shall receive his/her suspensionwages, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shiftless appropriate deductions, in an office provided by the Company, before leaving pay period following the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineemployee’s discharge.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels 6.01 A claim by a non-probationary employee that he/she has they have been unjustly dealt withdischarged from their employment shall be treated as a grievance, if a written statement of such grievance is lodged with the employee’s immediate supervisor within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the Grievance Procedure, prior to Step No. 2, will be given omitted in such cases. Such special grievances may be settled by confirming the Management’s action in dismissing the permanent employee 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. 6.02 When an opportunity employee has been dismissed without notice, they shall have the right to interview with their ▇▇▇▇▇▇▇ for a reasonable period of meeting with his/her Committeeperson time before he/she is required to leave leaving the premises. 6.03 A copy of any written disciplinary action issued to an employee shall be given to the employee. If, because The Company shall contact the Union area Staff Representative advising them of the nature incident prior to the issuing of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltydiscipline. 5.2 In the event that an employee with seniority is called for an 6.04 At any disciplinary interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided held by the Company, before leaving the Plantemployee to be interviewed shall have their ▇▇▇▇▇▇▇ present. If because The ▇▇▇▇▇▇▇ shall leave if requested by the employee(s). The Company will contact the area Union Representative to advise them of the nature incident allowing the Union the ability to participate in the interview. It is understood that the availability of the offence, it is necessary to require the immediate expulsion of a union ▇▇▇▇▇▇▇ will not cause any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week)undue delay. 5.3 Previous 6.05 Disciplinary warnings and/or reprimands which predate disciplinary action over a period of eighteen months or by more will than 12 months, shall not be taken into consideration brought forward in evidence against an employee in any subsequent incidents disciplinary proceedings in which the employee is subject involved. 6.06 No individual employee or group of employees shall undertake to represent the Union at meetings with the Company without proper authorization of the Union. In order that this may be carried out, the Union will supply the Company with the name of its Union Representative. 6.07 Any employee, who so desires it, shall have the right to review their personnel record in the presence of the Union ▇▇▇▇▇▇▇ and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. 6.08 The Company agrees that whenever a disciplinary meeting is held with an employee, the ▇▇▇▇▇▇▇ or Union Representative will be present. The employee may request that the ▇▇▇▇▇▇▇ leave the meeting. In the event the ▇▇▇▇▇▇▇ is not present, the condition will be brought to the attention of the employee. The disciplinary meeting will be postponed until the ▇▇▇▇▇▇▇/Union Representative is available. If the disciplinary meeting is held without the ▇▇▇▇▇▇▇/Union Representative, any discipline, verbal or written, will be null and void except when the employee requests the ▇▇▇▇▇▇▇ to leave.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 ‌ 9.01 No Employee in this bargaining unit shall be disciplined or discharged without JUST CAUSE. 9.02 An employeeEmployee is permitted to be accompanied by a Union Representative when interviewed in the course of disciplinary investigation. The Employer will establish the time and place of such meeting allowing sufficient time for the Employee to secure a Union Representative. In any event, not more than five (5) days will be provided for the purpose of securing a union representative. In the event of an investigation involving the disciplining of an Employee, the Employee may review his employment file and make copies of any documents therein contained. 9.03 The value of progressive discipline, with senioritythe aim of being corrective in application, who is discharged recognized by both parties. Therefore, except in extreme cases, discipline, or discharge for any reason whatsoeverjust cause should be preceded by a documented record of counselling, warnings (both written and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisesoral) and suspensions. If, because of the nature of the offense or situationTherefore, it is necessary agreed that when disciplining an Employee for just cause, the Employer shall use all of the following steps as corrective measures subject to require the removal right of an employee from Employee to grieve at any and/or all steps taken. (a) Oral Warning (b) Written Warning (c) Suspension(s) of varying lengths may be used (d) Discharge 9.04 An Employee whom the premisesEmployer suspends, then his/her Committeeperson or discharges, shall be retained at or returned to active duty until any grievance concerning such suspension or discharge is finally resolved through the grievance and/or arbitration procedure provided such procedure occurs within forty-five (45) days or in his/her absencesuch mutually agreeable time extension, member of the Union Executive) occurrence of such suspension or discharge. However, the Employee may be removed from active duty (without pay), until the resolution of the grievance protesting the suspension or dismissal, if the alleged cause for suspension or dismissal presents a danger to the safety of the Employee(s), equipment or clients, fighting, fraud, theft, or concerted refusal to perform work properly assigned to them. 9.05 Grievances involving Employees who are retained under this provision will be notified before such action is taken. Such action will subsequently be confirmed with handled in the employee expedited arbitration procedure (Section 49 of the Ontario Labour Relations Act) unless the Union and the UnionEmployer mutually agree otherwise. Should the arbitrator uphold the suspension or discharge of an Employee retained at work, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she penalty shall be reinstated and may be compensated for lost wages as may be agreed upon. If instituted after receipt of the employeearbitrator's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2decision. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered above references to either uphold the suspension, substitute some lesser penaltysuspensions, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, discharges are examples and are not intended to be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because all inclusive but to indicate how various types of the nature of the offence, it is necessary issues are to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinehandled.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An ‌ 7.01 Both parties recognize that discipline is normally given as an attempt to change an employee's behaviour. Generally, with seniority, who is discharged for any reason whatsoever, the progressive discipline process will only begin after various non-disciplinary attempts such as clarifying expectations and feels coaching have been made to address the performance issues. The Employer agrees that he/she has been unjustly dealt with, the seriousness of the infraction will dictate the level of discipline administered. Any discipline will be given an opportunity of meeting with his/her Committeeperson before he/she for just cause. Discipline is required to leave the premises. If, because normally defined as one or more of the nature following: • Verbal warning that will be noted in the Employee’s file. • Written warning • Suspension without pay • Termination 7.02 Suspension pending investigation is not considered discipline. Should the Employer choose to place an employee on suspension pending an investigation, that employee shall not suffer any loss during the investigation. 7.03 Whenever the Employer censures an employee in writing it shall give the employee a copy thereof. The Employer shall also send a copy to the President of the offense or situation, it is necessary to require Local Union. 7.04 At the removal request of an employee, the Employer shall allow the employee to inspect the employee’s Human Resources file maintained at the applicable office. Such inspection may be made only once every six (6) months with three (3) days’ notice and in the presence of the employee’s supervisor or designate. The employee’s Human Resources file shall be defined herein as such file containing the employee’s official work record including all references to attendance, performance, evaluation, and discipline. 7.05 With respect to disciplinary measures imposed by the Employer, an employee shall acknowledge by his or her signature receipt of same when requested to do so by the Employer. It is understood that the employee’s signature is intended only to confirm receipt of the discipline from the premisesEmployer. After eighteen (18) months have passed from when a disciplinary measure was imposed, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (Employer cannot including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown rely on the Personnel Office records, submit a written grievance (as defined offence in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided determining the disciplinary measure to be imposed for subsequent offences provided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated has not been disciplined for lost wages as may be agreed upon. If a similar offence within the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: eighteen (118) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 7.06 In the event that the Employer intends to establish a meeting to give a written warning to, or to suspend or discharge, an employee with seniority is called for an interview by Management in which disciplinary measures against employee, it shall so inform the employee are involved, such in advance. The employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson ▇▇▇▇▇▇▇ present at such an interviewmeeting. If the employee a ▇▇▇▇▇▇▇ is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein providedimmediately available, the Arbitrators disciplinary meeting shall be empowered to either uphold rescheduled. In any event, the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged rescheduled disciplinary meeting shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified take place within two (2) working days. (Monday . 7.07 The word “days” as used in this Article shall be deemed to Friday as work week) 5.3 Previous disciplinary action over a period be exclusive of eighteen months or more will not be taken into consideration in any subsequent incidents in which Saturdays, Sundays and the employee is subject to disciplinespecified holidays recognized herein.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who 7.01 If it is discharged for any reason whatsoever, and feels alleged that he/she an employee has been unjustly dealt withdischarged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, will within five (5) working days. The discharged or suspended employee shall be given an the opportunity of meeting with his/her Committeeperson seeing a ▇▇▇▇▇▇▇ and/or Union President before he/she he is required to leave the premises. If, because , 7.02 If it is agreed or decided at any stage of the nature of the offense or situationgrievance procedure, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through except arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged without just cause, the Company shall if he/she so requestsreinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week, be permitted less amounts earned during the time loss. 7.03 Where an interview with arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: 1. uphold the Plant Chairperson discharge or Plant Committeepersonsuspension, if on shiftOR 2. vary the penalty, OR 3. substitute a different penalty, OR 4. direct reinstatement, and in an office provided cases 2,3, and 4 may in addition order the Company to pay the employee full or partial compensation (less any amounts of money earned by the Companyaggrieved employee during any time loss) in accordance with his hourly rate. It is understood, before leaving however, that if an employee is reinstated, he shall retain his full seniority. (a) Only Written Warnings, Final Written Warnings and Letters of Suspension shall be considered as a form of discipline and shall be subject to the Plant. If because provisions of the nature Grievance Procedure. A copy of every Written Warning, Final Written Warning and Letter of Suspension issued shall be sent to the offenceUnion. (b) Written Warnings, it is necessary to require Final Written Warnings and Suspensions shall be deemed void after one (1) year from date of issue. 7.05 A Shop ▇▇▇▇▇▇▇ in the immediate expulsion of any employee from department and on the Plantshift shall be present when Written Warnings, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineFinal Written Warnings and Suspensions are handed out.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An (a) No employee, except employees during their probationary period, shall be discharged or disciplined except for just cause. (b) Discharge and discipline grievances may be settled by confirming the Company’s de- cision or by re-instating the discharged or suspended employee with senioritycompensation for time lost, who less interim earnings if applicable or by any other arrangement which is discharged just and equitable in the opinion of the Company and the Union. 5.02 The Company agrees that whenever an interview is held with an employee regarding his work or con- duct that might lead to discipline or which becomes part of his record, the ▇▇▇▇▇▇▇ or a Union repre- sentative shall be present at such interview. Fur- ther, the Union representative or ▇▇▇▇▇▇▇ will leave the meeting if requested to leave by the employee. 5.03 All disciplinary warnings or reprimands which are placed in an employee’s record and all notices of demotion for any cause, discharge or suspension, shall be in writing and shall contain the reason whatsoeverfor the warning, and feels that he/she has been unjustly dealt withreprimand, will suspension or discharge. One (1) copy shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daycopy shall be forwarded to the Union within seven (7) consecutive days of the incident giving rise thereto, provided that this period may be extended by mutual agreement. If Failure to pro- vide any of the copies referred to herein shall ren- der the discipline null and void. 5.04 The Company may discharge any employee should then wish for just cause. Without limiting the generality of the foregoing, the Company shall have the right to protest his/her discipline up to and including discharge (as a grievance)upon any of the following, he/she shallor similar grounds, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such without notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined pay in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to eitherlieu thereof: (1i) Uphold the dischargeStealing, ordishonesty, willful destruction of Company property, graffiti or physical vio- lence directed at other employees; (2ii) Reinstate Drinking while on duty or being under the influence of liquor or non-prescription drugs while on duty; (iii) Direct refusal to obey orders given by management unless such orders jeopardize life, health, or safety or the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators 5.05 All discipline shall be empowered to either uphold cancelled after twelve (12) months from date of issue. At date of ratification, discipline for Harassment/Workplace Violence which will remain on file for twenty four (24) months from date of issue. Attendance and gen- eral work rules shall be treated as separate for the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because purpose of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to progressive discipline.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days, excluding holidays, after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline involving Reportable Events or potential violations of HIPAA, will be notified before such action is takenexcluded from this limit. Such action Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will subsequently be confirmed with excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee and the Union, in writing, within one (1) working dayfirst discipline will be a two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitrationpersonnel record after twelve (12) months, as herein providedif there are no further disciplines for "no-call, no-show" during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Service and Maintenance Agreement

DISCHARGE AND DISCIPLINE. 5.1 Section 1. The purpose of discipline is to correct employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An employeeaction must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing. Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand. Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, with seniorityno single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension. Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the employee should then wish to protest his/her discharge Board within ten (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays10) or such working days of notice of discharge having been mailed dismissal. A probationary employee shall not have the right to him/her by certified post to his last address shown on the Personnel Office records, submit appeal a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltydismissal. 5.2 In the event Section 5. Upon being informed that an employee with seniority is called has been accused of behavior which, if substantiated, would be just cause for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provideddismissal, the Arbitrators Department Head shall be empowered to either uphold have the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation option of suspending an employee without pay for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.exceed thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged Section 16.1. Employees may be disciplined only for any reason whatsoever, just and feels that he/she has been unjustly dealt with, will reasonable cause. The principles of progressive corrective discipline shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisesapplied. If, because of Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee’s record of performance and conduct. Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be made where the severity of the offense warrants. Section 16.2. A bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may justify suspension or situationdischarge, it is necessary he shall be entitled to require a hearing prior to the suspension being invoked, unless the offense warrants immediate removal of an employee from the premises, then at which time the employee may be placed on administrative leave with or without pay until the hearing. Section 16.3. Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre-disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her Committeeperson duties without causing a hardship on other employees or the Employer’s functions. If the Union representative is not available or cannot be released, the conference will take place when a Union representative is available. Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre- disciplinary hearing. The hearing will be held no sooner than forty-eight (48) hours following notice to the bargaining unit member. The notice shall contain the following information: 1. Time, date and location of the hearing; 2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position. 3. The name of the hearing officer or in neutral third party who will conduct the hearing; 4. The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and the action proposed. Section 16.5. Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of the ▇▇▇▇▇ County Children Services Board or his/her absence, member designated representative. Section 16.6. A hearing will be held within thirty (30) calendar days from the date of confirmation of the Union Executive) will be notified before such action offense, unless an outside agency is taken. Such action will subsequently be confirmed with conducting an investigation related to the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that offense for which the employee was unjustly dismisseddisciplined /discharged or the alleged violation involves a criminal felony charge. Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the hearing. Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, he/she verbal and written warnings may not be appealed to arbitration. Section 16.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be reinstated and may be compensated for lost wages as may be agreed upon. If copied on the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltycharge letter. 5.2 In Section 16.10. The ▇▇▇▇▇ County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the event that an following schedule, providing the employee with seniority is called has not received additional discipline for an interview by Management the same or similar offense during the period of time, in which disciplinary measures against case the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing period of time begins with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to most recent discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 9.01 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Wherever the Hospital deems it necessary to suspend or discharge an employee, with seniority, the Hospital shall notify the Union of such suspension or discharge in writing. 9.02 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who is discharged for any reason whatsoever, and feels has completed his probationary period that he/she he has been unjustly dealt withdischarged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No.2 within seven (7) calendar days after the date the discharge or suspension is affected. Such special grievance may be settled under the Grievance and Arbitration Procedure by: a) confirming the Hospital's action in dismissing the employee, or b) reinstating the employee with or without full compensation for the time lost, or c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. 9.03 Any letter of reprimand, suspension or other sanction will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee removed from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitrationrecord eighteen (18) months following receipt of such letter, provided that the employee's record has been discipline free for a similar or related incident for such eighteen (18) month period. This shall not apply where the letter of reprimand or suspension was issued for the reasons that related to workplace violence, as herein provided, defined by ▇▇▇▇ 168 of the Arbitrators Occupational Health and Safety Act. Leaves of absence in excess of sixty (60) continuous calendar days will not count toward either eighteen (18) month period referred to in this Article. 9.04 Employees shall be empowered allowed to either: (1) Uphold review their employee file; in the dischargepresence of an employer representative, or (2) Reinstate after providing reasonable notice to the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyHuman Resources department. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels 14.01 A claim by an employee that hes/she he has been unjustly dealt withdischarged suspended with or without pay or laid off, will be given an opportunity (providing, in the case of meeting with discharge, where s/he has not completed his/her Committeeperson before he/she probation, the standard as set out in Article 6.01(b) shall apply) shall be treated as a grievance if a written statement of such grievance is required to leave lodged with the premises. If, because Employer at Step #2 of the nature grievance procedure within ten (10) days after the date of discharge, suspension with or without pay or layoff is effected. 14.02 In cases of discharge or suspension with or without pay, the employee and the Union will be made aware of the offense or situationreasons for such action, it is necessary prior to require its taking place, the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) action will be notified before such action is taken. Such action will subsequently be confirmed with in writing to the employee and the Union, in writing, within one (1) working day. If The Employer will contact the Union to schedule such a meeting. The Employer will ascertain the Union’s availability for such a meeting. The discussion will be between the employee should then and his/her immediate supervisor. The employee shall have the right to have a Union Representative present at any such discussion. At any interview where the Employer confirms its actions in discharging or suspending an employee without pay or converts a suspension with pay to a suspension without pay or termination a Union Representative shall be present during such interview unless the employee does not wish to protest the Union Representative present and confirms this by signing Appendix “A” attached hereto in the presence of a Union ▇▇▇▇▇▇▇. Where a Union Representative is not present, the Union will be advised in writing of the Employer’s action. 14.03 Such special grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Employer's action in dismissing the employee; or (b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost less any compensation received from any source during the period from the date of his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, reinstatement; or (3c) Substitute some lesser penaltyby any other arrangement which may be deemed just and equitable. 5.2 In the event that an employee with seniority is called for an interview by Management 14.04 The Employer agrees not to administer this Article arbitrarily, discriminatorily or in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinebad faith.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee22 7.1 A regular employee may be disciplined or discharged only for just cause 23 and in a fair, with seniority, who impartial and consistent manner as established by the City. It 24 is discharged understood by the parties that employees are subject to all Rules and 25 Regulations of the City. 26 7.2 Any official written reprimand shall be furnished to the employee outlining 27 the reason for any reason whatsoever, the reprimand. It is the City’s intention to complete the 28 investigation in a timely fashion and feels that he/she has been unjustly dealt with, notify the employee of the potential of 29 such disciplinary action within thirty (30) calendar days of the City becoming 30 aware of the event giving rise to the discipline. The employee will be given an opportunity of meeting with his/her Committeeperson before he/she is required 31 requested to leave sign the premises. Ifwritten reprimand; however, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daysignature does not 1 necessarily imply agreement. If the employee should then wish refuses to protest sign, this refusal 2 shall be noted and placed in the employee's personnel file. The employee 3 shall have the opportunity to respond to the reprimand in writing. Whenever 4 possible, the City will make every effort to reprimand an employee (whether 5 verbal or written) in a private manner so as to avoid embarrassing the 7 7.3 Disciplinary actions involving discharge, demotion and suspension with loss 8 of pay are subject to the grievance provisions of this Agreement. Written 9 instructions and cautionings are subject to the grievance provisions of this 10 Agreement. Written or verbal warnings are not grievable. Such warnings 11 are not to be considered a "first offense" under City Personnel Policies and 12 Procedures, Policy # E-3; however, such warnings may be used as a basis 13 to substantiate future disciplinary action under Policy #E-3. 14 7.4 Any discharged employee who has completed his/her probationary period 15 shall have the right to appeal said discharge directly to the third step of the 16 grievance procedure provided such appeal is made within five (5) days from 17 the effective date of such action, computed in accordance with Section 8.3 18 (D). 19 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 20 employees on initial hire or rehire shall not be subject to the grievance 21 procedure of this Agreement. 22 7.6 Except as otherwise provided in this paragraph, in imposing disciplinary 23 measures by incremental steps based on successive deficiencies in 24 employee performance on a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedcurrent charge, the Arbitrators shall be empowered to either: Department Head will not 25 take into consideration prior infractions of the same rule which occurred 26 more than eighteen (118) Uphold the dischargemonths previously, or , in the case of safety 27 infractions, any prior safety infractions which occurred more than five (25) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 28 years previously. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provideddischarge cases, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because overall disciplinary record of the nature of the offence, it is necessary to require the immediate expulsion of any 29 employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not may be taken into consideration in any subsequent incidents in which consideration. 30 7.7 An employee, upon request, shall be entitled to Union representation at 1 be construed as requiring the employee is subject CWA to discipline.represent a non-member. 2 ARTICLE 8

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ 7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the employer representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time as a representative is available. 7.6 A discipline shall not be issued more than twenty five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. 7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: personnel record after twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeepersonmonths, if on shiftthere are no further disciplines for "no-call, in an office provided by no- show"during the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two twelve (212) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinemonth period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. The Association recognizes that it is the duty of the Employee to perform his/her work in a satisfactory manner in accordance with the laws, with seniority, who is discharged for any reason whatsoeverthe directives of his/her supervisor, and feels in accordance with good judgment, common sense and ever mindful to the well being of the students of the School District. The Board recognizes that discipline and/or discharge from employment for non-probationary Employees shall be given only for just cause. B. Major infractions such as, but not necessarily limited to, theft, assaults, reporting to work under the influence of alcohol, narcotics or drugs, failure to pass a random drug/alcohol test, loss of necessary licenses, poor driving record, will subject the Employee to discharge provided that the Employee has received written notification of the charges against that Employee and has been afforded an opportunity to be heard prior to the assessment of discipline. C. If an Employee is to be disciplined by the Board, he/she shall have a right to request the presence of the designated Association representative at the disciplinary conference. The Employee shall also have the right not to have the Association representative present at a disciplinary conference. The imposition of discipline may not be unreasonably delayed for the presence of an Association representative. Verbal reprimands may be imposed immediately by management but the Employee may request a follow-up conference at a later time to discuss the matter with an Association representative present. It is understood that discipline should be imposed in private between the supervisor, the Employee and Association representative if requested. Directives may occur as needed; however, discipline shall occur in the supervisor's office or out of the presence of other Employees. All discipline shall remain confidential to the extent permitted by law. The parties recognize that the Michigan Supreme Court has been unjustly dealt with, will held that school Employee disciplinary records contained in an Employee's personnel file are subject to disclosure under the Freedom of Information Act unless one (1) or more of the exemptions in Section 13 of that Act apply to exempt disclosure of such information. D. Discharge and discipline may be processed through the grievance procedure commencing with the second step. E. Any Employee given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of discharge or disciplinary action shall receive a written notice thereof which shall state the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If action taken with a copy sent to the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated Association President and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltyVice-President. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged Section 16.1. Employees may be disciplined only for any reason whatsoever, just and feels that he/she has been unjustly dealt with, will reasonable cause. The principles of progressive corrective discipline shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisesapplied. If, because of Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee’s record of performance and conduct. Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be made where the severity of the offense warrants. Section 16.2. A bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may justify suspension or situationdischarge, it is necessary he shall be entitled to require a hearing prior to the suspension being invoked, unless the offense warrants immediate removal of an employee from the premises, then at which time the employee may be placed on administrative leave with or without pay until the hearing. Section 16.3. Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre-disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her Committeeperson duties without causing a hardship on other employees or the Employer’s functions. If the Union representative is not available or cannot be released, the conference will take place when a Union representative is available. Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre- disciplinary hearing. The hearing will be held no sooner than forty-eight (48) hours following notice to the bargaining unit member. The notice shall contain the following information: 1. Time, date and location of the hearing; 2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position. 3. The name of the hearing officer or in neutral third party who will conduct the hearing; 4. The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and the action proposed. Section 16.5. Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of the Adams County Children Services Board or his/her absence, member designated representative. Section 16.6. A hearing will be held within thirty (30) calendar days from the date of confirmation of the Union Executive) will be notified before such action offense, unless an outside agency is taken. Such action will subsequently be confirmed with conducting an investigation related to the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that offense for which the employee was unjustly dismisseddisciplined /discharged or the alleged violation involves a criminal felony charge. Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the hearing. Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, he/she verbal and written warnings may not be appealed to arbitration. Section 16.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be reinstated and may be compensated for lost wages as may be agreed upon. If copied on the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltycharge letter. 5.2 In Section 16.10. The Adams County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the event that an following schedule, providing the employee with seniority is called has not received additional discipline for an interview by Management the same or similar offense during the period of time, in which disciplinary measures against case the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing period of time begins with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to most recent discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who Employer reserves the right to discipline or discharge any employee for just cause. It is discharged understood by the parties that employees are subject to all applicable rules and regulations of the City and the Fire Department. Any official written reprimand shall be furnished to the employee outlining the reason for any reason whatsoever, and feels that he/she has been unjustly dealt with, the reprimand. The employee will be given an opportunity of meeting with his/her Committeeperson before he/she is required requested to leave sign the premises. Ifstatement; however, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daysignature does not necessarily imply agreement. If the employee should then wish refuses to protest sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Disciplinary actions involving discharge, demotion and suspension with loss of pay may be subject to the grievance provisions of this Agreement. Written Instruction and Cautioning (Employee Notices) are subject to the grievance provisions of this Agreement. Written and verbal warnings (memorandums) are not subject to the grievance provisions of this Agreement, and are not placed in personnel files at the Human Resources Department. Such warnings are not to be considered a “first offense” under City Human Resources Policy E-3. Any discharged employee who has completed his/her probationary period shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within seven (as a grievance)7) calendar days from the effective date of such action. The discharge or layoff of probationary employees on initial hire or rehire shall not be subject to the grievance procedure of this Agreement. Any employee, he/she shallupon request, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed uponentitled to Union representation at disciplinary interviews or conferences, in accordance with law. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management Any oral or written warning in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators ’s file shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration considered in any subsequent incidents in which disciplinary actions after eighteen (18) months from the date of 1 issue provided there have been no further violations of a similar nature by the 2 same employee is subject to disciplineduring this period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee18 7.1 A regular employee may be disciplined or discharged only for just cause and 19 in a fair, with seniority, who impartial and consistent manner as established by the City. It is discharged 20 understood by the parties that employees are subject to all Rules and 21 Regulations of the City. 22 7.2 Any official written reprimand shall be furnished to the employee outlining the 23 reason for any reason whatsoever, the reprimand. It is the City’s intention to complete the 24 investigation in a timely fashion and feels that he/she has been unjustly dealt with, notify the employee of the potential of 25 such disciplinary action within thirty (30) calendar days of the City becoming 26 aware of the event giving rise to the discipline. The employee will be given an opportunity of meeting with his/her Committeeperson before he/she is required 27 requested to leave sign the premises. Ifwritten reprimand; however, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daysignature does not 28 necessarily imply agreement. If the employee should then wish refuses to protest sign, this refusal 29 shall be noted and placed in the employee's personnel file. The employee 30 shall have the opportunity to respond to the reprimand in writing. Whenever 31 possible, the City will make every effort to reprimand an employee (whether 1 verbal or written) in a private manner so as to avoid embarrassing the 3 7.3 Disciplinary actions involving discharge, demotion and suspension with loss 4 of pay are subject to the grievance provisions of this Agreement. Written 5 instructions and cautionings are subject to the grievance provisions of this 6 Agreement. Written or verbal warnings are not grievable. Such warnings are 7 not to be considered a "first offense" under City Personnel Policies and 8 Procedures, Policy # E-3; however, such warnings may be used as a basis to 9 substantiate future disciplinary action under Policy #E-3. 10 7.4 Any discharged employee who has completed his/her probationary period 11 shall have the right to appeal said discharge directly to the third step of the 12 grievance procedure provided such appeal is made within five (5) days from 13 the effective date of such action, computed in accordance with Section 8.3 14 (D). 15 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 16 employees on initial hire or rehire shall not be subject to the grievance 17 procedure of this Agreement. 18 7.6 Except as otherwise provided in this paragraph, in imposing disciplinary 19 measures by incremental steps based on successive deficiencies in 20 employee performance on a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein providedcurrent charge, the Arbitrators shall be empowered to either: Department Head will not 21 take into consideration prior infractions of the same rule which occurred more 22 than eighteen (118) Uphold the dischargemonths previously, or , in the case of safety infractions, 23 any prior safety infractions which occurred more than five (25) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 years 24 previously. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provideddischarge cases, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because overall disciplinary record of the nature of the offence, it is necessary to require the immediate expulsion of any 25 employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not may be taken into consideration consideration. 26 7.7 An employee, upon request, shall be entitled to Union representation at 27 disciplinary interviews or conferences in any subsequent incidents in which accordance with law. This shall not 28 be construed as requiring the employee is subject CWA to discipline.represent a non-member. 1 ARTICLE 8

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee1. No bargaining unit member shall be reduced in pay or position, with senioritysuspended, who is discharged removed or otherwise disciplined except for any reason whatsoever, just cause. Disciplinary action shall be carried out in a private and feels that he/she has been unjustly dealt with, business-like manner. Discipline will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of take into account the nature of the offense violation, the Employee’s past record of performance and conduct, past disciplinary actions, and other appropriate considerations. 2. The principles of progressive disciplinary action will normally be followed with respect to minor offenses. However, the Employer may implement, where appropriate, more severe discipline such as suspensions without pay, demotion or situationtermination. 3. Except for probationary employees, it is necessary in the event of a written reprimand, suspension, reduction, or discharge for disciplinary reasons, the grievance and arbitration procedure of this Agreement shall be applicable. 4. Prior to require the removal discharge, reduction, or suspension of an employee from any Employee who has completed his or her probationary period, the premises, then his/her Committeeperson (or in his/her absence, member Employer shall provide the Employee with written notice of the charges against him or her at least forty eight (48) hours prior to any pre-disciplinary hearing and an opportunity to present a response to the charges. The Director or his designee shall conduct this pre-disciplinary hearing. If, in the Employer’s judgment, the presence of the Employee pending the pre-disciplinary hearing might create disturbance, disruption or danger to others in the workplace, the Employer may place the Employee on suspension with pay, pending the hearing. The pre-hearing suspension may be without pay if the Employee is not available for a pre-disciplinary hearing within seventy-two (72) hours of written notice. 5. If an Employee is notified of a pre-disciplinary hearing or called in for a meeting that may lead to disciplinary action against the Employee, the Employee may, at his or her option, be accompanied by a Union Executiverepresentative. If the Employee who is the target of a disciplinary investigation requests Union representation, the Employer shall suspend further discussions with that Employee until the presence of a Union representative or official can be secured. 6. Verbal and written reprimands, or suspension of three (3) days or less, shall not be admissible in any pre-disciplinary hearing, grievance or arbitration four (4) years after their issuance provided that no intervening discipline was issued. 7. The Employer will be notified before such action is taken. Such action will subsequently be confirmed with notify the employee Employee and the Union, in writing, within one (1) working 24 hours or the next work day, of any discharge, reduction, suspension, or written reprimand. If the employee should then wish Union desires to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit contest a written reprimand, suspension, reduction or discharge, it shall give written notice thereof to the Employer within the time limits set forth in the articles governing the grievance (as defined in Step 1and arbitration procedure. In such event, Section 4.3) beginning the dispute shall be submitted and determined under the grievance and arbitration procedures hereinafter set forth, commencing at Step 2 (Section 4.4)of the grievance procedure for suspensions, reductions, and discharges, and at Step 1 of the grievance procedure for written reprimands. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and Written reprimands may be compensated advance through the grievance procedure to Step 2, but are not appealable to arbitration. An Employee may submit for lost wages as may be agreed uponinclusion in his or her personnel file a written rebuttal regarding any written reprimand. 8. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold Following the discharge, or (2) Reinstate termination or resignation of an Employee, the employeeEmployer shall request the Auditor to issue a warrant, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In in the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice priornext subsequent pay period, to enable him/her if he/she so desiresthe Employee for all wages earned and due to the Employee, provided that all keys, other Employer property, including identification badges, and tuition advances and/or other debts owed the Employer pursuant to have a Committeeperson present at such an interview. If this Agreement are satisfied or returned to the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineEmployer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeNo employee covered by this agreement shall be disciplined in any manner, with senioritydemoted, who suspended or discharged, except for just cause. When an employee is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal notified of an employee from the premises, then his/her Committeeperson (or interview that may result in his/her absence, member of the Union Executive) will be notified before such formal disciplinary action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided being taken by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified of the right to representation. Additionally, where circumstances permit, the Union will be given advance notice. An employee may only be disciplined in the presence of the employee’s Union representative, except when the representative is not on the Company premises. (a) The Company shall notify the Union and the employee promptly in writing upon the suspension, disciplinary lay-off or discharge of an employee. Such notice shall be provided at a reasonable time prior to the end of the shift including rights to representation prior to leaving the premises unless the circumstances are of such a nature as to make the provision of such notice impracticable and/or disruptive to harmonious labour-management relations. The question of whether or not the circumstances were of such a nature as described above may be made the subject of a grievance and appealed to arbitration as provided for elsewhere in the Agreement. (b) If such employee is absent at the time the action is taken or where it was not practicable to provide notice prior to leaving the premises, the Company shall send, by registered mail, a written notice of the employee’s suspension, disciplinary lay-off or discharge including the right to request representation to such employee’s last home address. A copy of such written notice shall be given to the Union. (c) Should the discharged employee or the Union consider the discharge to be improper, a grievance may, within two five (25) working days. days be presented directly to the second step of the grievance procedure. (Monday to Friday as work week) 5.3 Previous d) When applying discipline, verbal and written warnings will be purged from the employee’s personnel file after twelve (12) months if the employee receives no additional disciplinary action over a period of eighteen during that period. (e) When applying disciplinary suspensions or the like, they will be purged from the employee’s personnel file after twenty four (24) months or more will not be taken into consideration in any subsequent incidents in which if the employee is subject to disciplinereceives no additional disciplinary actions during that period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 17.1 The Employer may discharge or suspend an employee for just cause, but in respect to discharge shall give a warning of the complaint against such employee, with seniorityexcept that no warning notice need be given to an employee if the cause of such discharge is dishonesty, who is discharged physical altercation on facility property, use of alcohol beverages on duty or reporting for any reason whatsoeverduty under the influence of alcohol or drugs (including the unauthorized use of prescription drugs), and feels that he/she has been unjustly dealt withtheft, recklessness resulting in an accident to a patient, abuse of a patient (verbal or physical), patient neglect, bringing a firearm in to the facility, insubordination, sleeping on the job or leaving patients unattended or violation of state or federal laws regarding patient care. If requested, a Work Site Leader will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of called in when an employee from meeting may result in disciplinary action up to and including discharge. No Call/No Show- All contracts will reflect the premisesfollowing: 1st offense 1 day suspension 17.2 When an employee has worked twelve (12) consecutive months without receiving a formal documented discipline action notice, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of or prior notices shall not be used in any further disciplinary action, evaluation, suspension, discharge having been mailed to him/her by certified post to his last address shown on or as the Personnel Office recordsEmployer’s defense in an arbitration. When employee works thirty-six (36) months without receiving a formal documented discipline action notice regarding resident care, submit a written grievance (such notice or prior notices shall not be used in any further disciplinary action, evaluation, suspension, discharge or as defined the Employer’s defense in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she arbitration. 17.3 All disciplinary notices shall be reinstated and may be compensated for lost wages as may be agreed upon. If given within five (5) business days from when the employee's grievance is processed through arbitration, as herein provided, department head (in the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents department in which the employee works) learned of the infraction. When it is subject a discipline or discharge on attendance (tardiness or absenteeism) notice shall be given within five (5) business days from the date of the infraction, unless the parties mutually agree to disciplineextend that time frame. If notices are not given within this time frame, they shall be dismissed. Business days shall exclude Saturdays, Sundays and holidays. Extensions may be mutually agreed upon in five 17.4 Notwithstanding anything else in the Agreement, in cases of discipline or discharge relating to resident care, the arbitrator’s determination shall be limited solely to ascertaining whether or no the employee was in fact guilty of the acts with which charged by the Employer. The Arbitrator, finding such guilt to exist shall not have the authority to substitute his judgment for that of management as to the penalty imposed. 17.5 In case alleging resident abuse or resident abuse or resident neglect, the Arbitrator will draw no inference of any kind whatsoever from the failure or inability of a resident to appear and testify.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeA. No permanent employee shall be discharged, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisessuspended or otherwise disciplined without just cause. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of The Township shall notify the Union Executive) will be notified before such at the time if disciplinary action is taken. Such action will subsequently be confirmed with The Employer agrees to adhere to the employee and principle of progressive discipline to the Union, in writing, within one (1) working daymaximum extent possible whenever circumstances dictate. If the employee should then wish All warnings issued to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she employees shall be reinstated in writing and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered issued to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one 4 working daydays (holidays and weekends excluded) following the date the Employer is aware of the infraction. If Nothing contained within this article shall preclude the Employer from discharging an employee's Employee for a particularly egregious offense. B. A grievance is processed through arbitration as herein provided, by an employee claiming that he has been unjustly discharged or suspended must be submitted to the Arbitrators Township in writing within five (5) working days of the disciplinary action. C. A copy of disciplinary warnings which are issued in writing to the employee shall also be furnished to the Union. D. The Township will follow the Department of Transportation Drug and Alcohol Policy. All employees who maintain a CDL Driver’s License and any other employees who occupy safety-sensitive positions (i.e. those employees operating equipment and/or machinery) regardless of job title are subject to random drug testing. The parties agree that the following penalties shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation imposed for lost pay. Any seniority any employee who has been suspended or discharged shall if hefails a random drug testing: 1. FIRST OFFENSE - 30 day suspension without pay and mandatory enrollment and successful completion of a drug treatment/she so requests, be permitted an interview with counseling program. The parties agree that during the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion period of any suspension an employee from the Plant, then the Plant Chairperson or Plant Committeeperson is not eligible for any paid holiday pay of any kind. 2. SECOND OFFENSE – Immediate termination of employment. E. No progressive discipline will be notified imposed for lateness unless a pattern of lateness is established within two (2) working days. (Monday a calendar year. F. Employees are permitted to Friday as work week) 5.3 Previous have Union Stewards present during disciplinary action over a period matters; however, this provision does not apply to the transmittal of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinewritten notes that involve no discussion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ Section 8.1 The Employer and Union shall subscribe to the doctrine of progressive discipline according to the City Ordinance Chapter 2 Administration; Division 3 Personnel Code, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will Sub- division XI Disciplinary Actions; Sections 2-423 to 2-425. Oral reprimand shall not be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit valid unless a written grievance (as defined notation is placed in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitrationfile, as herein providedwith a copy to the affected employee. The Employer shall not discipline, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate or suspend without pay any employee except for just cause. Discharge or suspension must be by proper written notice to the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, a copy to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working dayPresident, citing specific charges. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority An employee who has been suspended or discharged shall if he/she so requests, be permitted is asked to attend an interview with the Plant Chairperson Employer for investigatory purposes which may lead to discipline or Plant Committeepersondischarge may request a Union Representative to be present. Employees will be provided with a ▇▇▇▇▇▇▇ Warning before the start of an interview. Section 8.2 Where a locker of an employee is to be opened for possible disciplinary purposes, it shall be done in the presence of the employee and his Union Representative, if on shiftso desired. Section 8.3 Written warnings for rule infractions or any letters or records of complaints from supervisors, City officials, or private citizens shall be removed from an employee's file where there have been no infractions for twelve (12) months. Letters or records of complaints shall not be placed in an office provided by employee's file until the Company, before leaving employee is aware of the Plantletter or record and there has been an appropriate departmental review of the complaint. If because an employee initiates a grievance on a disciplinary action, the content of the nature disciplinary action and the grievance steps shall remain confidential until the grievance is resolved. The Employer will maintain the security of all written material related to the action and the grievance until the grievance is resolved. Any disciplinary action against an employee shall be presented to him within twenty (20) calendar days of the offenceEmployer's initial interview with the employee. This time can be extended by mutual agreement. The Employer may extend the time for five (5) calendar days in the event the investigation is not completed, it with notice to the employee of the extension. Presentation of disciplinary action may be delayed if the employee is necessary the subject of a criminal investigation, but must be delivered within fifteen (15) calendar days after the disposition of the case. The term "disciplinary action" shall apply to require any oral or written reprimand, suspension, or discharge given to an employee or group of employees by a Supervisor or his designee for any alleged violation of the immediate expulsion of any Employer's Rules, Regulations, policy, or City Ordinances. If a complaint is filed with the employer against an employee from and the Plantemployer is going to review video for investigatory purposes, then the Plant Chairperson or Plant Committeeperson will employee shall be notified within two (2) working daysof the date of the video being reviewed. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more In the event the complaint is criminal in nature, notification will not be taken into consideration in any subsequent incidents in which made to keep the integrity of the investigation. Section 8.4 When an employee covered by this Agreement is subject to charged with a criminal offense, a complete investigation shall be conducted by the Chief of Police or his designee. Employees will be provided with a ▇▇▇▇▇▇▇ Warning before the start of an interview. Based on the investigation, the suspension resulting from the charge may be with pay or without pay. If a suspension resulting from the charge is without pay and a grievance is filed, the matter shall be immediately processed at Step 3 of the grievance procedure. Section 8.5 Whenever feasible, discipline will occur on duty. If off-duty discipline becomes necessary, the Chief of Police or designee will first notify a Union employee representative before administering the discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave In the premises. If, because of the nature of the offense or situation, it is necessary to require the removal event of an employee being discharged from employment or disciplined, without just cause, the premises, then his/her Committeeperson (or case may be taken up as a grievance. Such grievance shall commence at Step by the aggrieved employee and ▇▇▇▇▇▇▇ shall present to the Production Manager in his/her absence, member writing a statement of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with grievance signed by the employee and the Union, in writing, grievance will then be dealt with by the usual Grievance and Arbitration Procedure. Such commenced within one five (15) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice days of discharge having been mailed to him/her by certified post to his last address shown on or disciplinary action. The aggrieved employee have the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)assistance of ▇▇▇▇▇▇▇ the preparation of the grievance. If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and Such special grievances may be compensated for lost wages as may be agreed upon. If settled by confirming the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate Management’s action in dismissing the employee, who may be awarded up or by reinstating the employee with full compensation for time lost, or by any other arrangement as to his/her full seniority and/or compensated for lost paycompensation which is just and equitable in theopinion conferring parties, or (3) Substitute some lesser penalty. 5.2 In or in the event that opinion of the Arbitration Board if the matter is referred to such a Board. When an employee with seniority has been dismissed without notice, shall have the right to interview ▇▇▇▇▇▇▇ at a place designated by the Management for a reasonable period of time before leaving the Plant premises. Management will issue a verbal warning before further disciplinary action is called for an interview by Management taken, unless the circumstances justify immediate discipline or discharge. If a warning is to be given, it shall be given in which disciplinary measures against the employee are involved, such employee presence of a Union Member or ▇▇▇▇▇▇▇. A copy of all warnings will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (Department ▇▇▇▇▇▇▇ not including Saturday, Sunday or Statutory Holidays) submit later than the grievance at Step 2day after the incident. The suspension will be confirmed in writing with the employee Company and the Union within one working dayagree that disciplinary penalties shall not be imposed unreasonably or unjustly. If Verbal warnings and all other records of disciplinary action will be removed from an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who ’s file after one year provided that during this period no further disciplinary action has been suspended taken against that employee. Notwithstanding anything in the Agreement, no dispute as to the discharge or discharged shall if he/she so requestslayoff of any probationary employee, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving shall be considered under the PlantGrievance Procedure. If because Seniority shall be defined as the length of the nature last unbroken service with the Company in accordance with this Article. An employee shall be considered on probation and shall not be placed on theseniority lists until has worked for forty-five days of work, including overtime days worked, but not necessarily consecutive. During such probationary period, the employee shall not be entitled to seniority rights. Upon completion of the offenceprobationary period, it is necessary to require the immediate expulsion of any employee seniority shall be credited from the Plantdate of first employment. Seniority lists, then based upon the Plant Chairperson or Plant Committeeperson will date on which employees commenced to work for the Company, shall be notified established plant-wide as agreed upon between the Company and the Union. Such lists shall be posted and shall be revised every six (6) months and a copy sent to the Union. The seniority list in effect at the signing of this Agreement shall be binding upon the parties hereto, unless a protest in writing is registered with the Company within two (2) working daysten days of the signing of this Agreement. (Monday Seniority shall be maintained and accumulated during: absence due to Friday as work week) 5.3 Previous disciplinary action over lay-off for a period of up to eighteen 8) consecutive months or more will not be taken into consideration in any subsequent incidents in which provided the employee is subject has six (6) months seniority at the time of lay-off. sickness or accident for a period of up to disciplinethirty-six (36) consecutive months provided the employee has more than six (6) months seniority at the time the sickness or accident commences.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An 11.01 The Company may discipline an employee by verbal counseling or a written warning unless all of the circumstances (which may include an employee’s prior discipline record) justify a suspension or discharge. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall commence at Step No. 2 of the Grievance Procedure, if a written statement of a grievance is lodged with the Plant Manager of the Company or his designate, within five (5) working days of said discharge or suspension. A discharged or suspended employee may confer with his ▇▇▇▇▇▇▇ for a reasonable period of time, if he so requests, before leaving the Company premises. 11.02 Such grievance may be resolved by confirming the Company's action in discharging or suspending the employee, or by reinstating the employee with seniorityfull compensation for time lost, who or by any other arrangement which is discharged considered just and reasonable in the opinion of the parties or by any arbitrator to which the matter is referred. (a) Warnings may be given in writing or verbally. Written warnings shall be in triplicate; one copy for any reason whatsoeverthe employee affected, one copy for the Unit Chairperson, and feels that he/she has been unjustly dealt with, will one copy retained by the Company. The copy for the Unit Chairperson shall either be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on in person or placed in the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4)Union mail slot. If subsequently it is decided that The employee shall sign the employee was unjustly dismissed, he/she Company's copy. Warning notices shall not be reinstated and may be compensated for lost wages as may be agreed upon. If the held against any employee's grievance is processed through arbitration, as herein provided, record for longer than a twelve (12) month period unless further warning notices are issued during that period for the Arbitrators shall be empowered to either:same kind of offence. (1b) Uphold the discharge, or (2) Reinstate the A suspension shall not be held against any employee, who may be awarded up to his/her full seniority and/or compensated ’s record for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over longer than a period of eighteen twenty-four (24) consecutive months or more will not (which period shall automatically be taken into consideration in extended by any subsequent incidents in period during which the employee is subject absent from work due to layoff, disability leave, Workers’ Compensation leave, pregnancy leave, parental leave and any other leave except vacation) unless any further discipline, including any warning or suspension, is issued to the employee for any reason during that period. 11.04 Notwithstanding the foregoing provisions of this Article 11 and any other provisions of this Agreement, the Company may discipline or discharge a probationary employee without just cause provided that the Company is doing so in good faith and without discrimination contrary to the Human Rights Code (Ontario). The Company shall advise the Union of the reasons for the discipline or discharge of a probationary employee as soon as possible in the circumstances.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An Section 1. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. The Department Head may discipline an employee for just cause. Just cause shall be defined as a cause which a reasonable employer, acting in good faith, would regard as good and sufficient reason for the level of discipline issued against the employee for the infraction that led to the disciplinary action, and the discipline was consistent with how other employees, in the same department and in similar situations, were treated as distinguished from arbitrary whim or caprice. In informing an employee of proposed discipline, the County can refer to the Lancaster County Personnel Rules to set forth the basis for the proposed discipline. Section 2. A Department Head may reprimand any employee for cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may appeal the reprimand directly to the Human Resources Director or his designated representative. The appeal shall be presented within fifteen (15) working days of receipt of the reprimand. The response to the appeal shall be in writing and shall be issued within fifteen (15) working days of receipt of the appeal. The written decision on the appeal shall be final and binding upon the parties to the appeal. The grievance procedure as outlined in Article 19 shall not apply to this Section. The employee may present a written rebuttal to the final Section 3. All forms of discipline, rebuttals, or explanations shall remain in the employee’s personnel file, with seniorityincluding such files within a department. However, no written reprimands shall be used to enhance any subsequent discipline after 18 (eighteen) months from the date of the written reprimand. Section 4. A Department Head may suspend an employee without pay for cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 6 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is discharged suspended may appeal for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Uniona hearing, in writing, to the Board within fifteen (15) working days of notice of suspension. Section 5. A Department Head may dismiss any employee with status only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working dayday of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. If Any employee who is dismissed may appeal, in writing, to the Board within fifteen (15) working days of notice of dismissal. Section 6. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 5, and if after investigation the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated awarded back pay for lost wages any portion of the suspension time not imposed as may be agreed upondisciplinary action. Section 7. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, An employee who may be awarded up to his/her full seniority and/or compensated for lost pay, or receives three (3) Substitute some lesser penalty. 5.2 or more reprimands within a twelve (12) consecutive month period shall be authorized to utilize the appeal procedure outlined in Article 19 of this Agreement. In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against appeals the employee are involvedthird or additional reprimand during a twelve (12) consecutive month period, such employee will be given notice prior, documents relating to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators preceding like reprimands shall be empowered to either uphold admissible in the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineappeal procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee‌ 7.1 The Medical Center shall not discharge, with senioritydiscipline or suspend any employee without just cause. 7.2 The Union, who is discharged for any reason whatsoeverthe Chairperson, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty- eight (48) hours. 7.3 A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because the Medical Center representative shall inform the employee of the nature of the offense conference, including the possibility of a discipline being issued, an employee shall have the right to have a Union Representative of his or situationher choice at either of these conferences. In the event a representative is requested, it is necessary to require but not available, the removal of an Medical Center may temporarily remove the employee from the premises, then performance of his/her Committeeperson work, but may not proceed with the discipline until such time as a representative is available. 7.6 A discipline shall not be issued more than twenty-five (or in his25) days, excluding holidays, after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline involving Reportable Events or potential violations of HIPAA, will be notified before such action is takenexcluded from this limit. Such action Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center’s Attendance/Lateness Policy and Procedure will subsequently be confirmed with excluded from this limit. 7.7 For disciplines involving “no-call, no-show” the employee and the Union, in writing, within one (1) working dayfirst discipline will be a two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitration’s personnel record after twelve (12) months, as herein providedif there are no further disciplines for “no-call, no-show” during the Arbitrators shall be empowered to either: twelve (112) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltymonth period. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended 7.8 Absenteeism and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.Lateness

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employeeQuest shall not discharge, with senioritydiscipline or suspend any employee without just cause. The Union, who is discharged for any reason whatsoeverthe Union Representative, and feels the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours. A grievance by an employee claiming that hes/she he has been unjustly dealt withor improperly discharged, will disciplined or suspended must be given submitted to Quest, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. The time limits specified herein shall exclude Saturdays, Sundays and holidays. Prior to an opportunity employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of meeting with his/her Committeeperson before he/she is required to leave the premises. Ifemployee being interviewed, because a Quest representative shall inform the employee of the nature of the offense or situationconference, it including the possibility of a discipline being issued, an employee shall have the right to have a Union Representative at either of these conferences. In the event a Union Representative is necessary to require requested, but not available, Quest may temporarily remove the removal of an employee from the premises, then performance of his/her Committeeperson work but may not proceed with the discipline until such time as a representative is available. A discipline shall not be issued more than twenty-five (or in his25) days after the event/her absence, member incident that led to the issuance of the Union Executive) discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under Quest's Attendance/Lateness Policy and Procedure will be notified before such action is takenexcluded from this limit. Such action For disciplines involving "no-call, no-show" the first discipline will subsequently be confirmed with the employee and the Union, in writing, within one (1) working daya two-day suspension. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she The discipline shall be reinstated and may be compensated for lost wages as may be agreed upon. If removed from the employee's grievance is processed through arbitrationpersonnel record after twelve (12) months, as herein providedif there are no further disciplines for "no-call, no-show" during the Arbitrators shall be empowered to either: twelve (112) Uphold the dischargemonth period. Absences and lateness are factors considered in determining overall job performance. Therefore, or (2) Reinstate the employee, who may be awarded excessive absenteeism and/or lateness can result in disciplinary action up to his/her full seniority and including termination of employment. Employees should adhere to departmental expectations and guidelines with respect to call-out protocols. Employees are responsible for remaining informed of these practices and/or compensated for lost pay, or (3) Substitute some lesser penaltyany changes in practices as they occur. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspensionreceive a derogatory notation or disciplinary action, he/she which is to be placed on the employee's record, the employee shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit have the grievance right to have a ▇▇▇▇▇▇▇ present at Step 2any disciplinary meeting with supervisory personnel. The suspension will Each employee must be confirmed provided in writing with all notations of derogatory or disciplinary action which are to be placed on the employee's records. Unless such notation is made in writing to the employee, the Board will not use such incident as part of the employee's past record to justify a later disciplinary action. Such notice must be given to the employee and within ten working days of the Union within one working daydiscovery of the occurrence giving rise to the action. If The Recording Secretary shall be notified by mail when an employee's grievance is processed through arbitration as herein providedemployee has been disciplined or received a derogatory notation. Where an employee to be suspended, the Arbitrators shall be empowered Board will inform the employee concerned of the right to either uphold have a ▇▇▇▇▇▇▇ or the suspension, substitute some lesser penalty, or remove Chief ▇▇▇▇▇▇▇ present. In the suspension and/or award compensation for lost pay. Any seniority event an employee who has been suspended or discharged shall if he/she so requestsattained seniority is suspended, and the employee feels that the suspension is unjustified, the case may be permitted an interview with taken up as a grievance. Such grievance must begin at Step and must be submitted in writing to the Plant Chairperson or Plant CommitteepersonManager, if on shiftHuman Resources within five (5) working days of the notice of suspension. NO TE: The Board will attempt, in an office provided whenever practical, to schedule discipline meetings during employees' regularly scheduled working hours, however, from time to time it may be to schedule meetings outside of employees' regularly scheduled working hours. Any time spent by the Companyemployee at such meeting shall be paid for by the Board at the employee's regular straight time rate of pay, before leaving exclusive of any premiums. In the Plantevent an employee who has attained seniority is discharged from employment and the employee feels that the discharge unjust, the case may be taken up as a grievance. If because Such grievance shall begin at Step and shall be submitted in writing to the Human Resources Officer within five (5) working days of the nature of the offence, it discharge. When an employee is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which discharged the employee is subject to discipline.shall:

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee10 8.1 A regular employee may be disciplined or discharged only for just cause and in a fair, with seniority, who 11 impartial and consistent manner as established by the City. It is discharged for any reason whatsoever, understood by the 12 parties that employees are subject to all Rules and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because Regulations of the nature City and of the offense or situation13 Gainesville Police Department. 14 8.2 Any written warnings (counseling forms, it is necessary Inter-Office Communication's (IOC’s)), written 16 discharge, demotion, probation and suspension shall be furnished to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee 17 outlining the reason for the reprimand. The employee shall be requested to sign the 18 statement; however, signature does not imply agreement, only knowledge and the Union, in writing, within one (1) working dayreceipt 19 of such reprimand. If the employee should then wish refuses to protest sign, this refusal shall be noted and 20 placed in the employee's personnel file. Whenever possible, the City will make every 22 employee. Employee notices imposing written instruction and cautioning and 23 disciplinary actions involving discharge, demotion, probation and suspension should, 24 except as provided herein, be issued within twenty (20) days from the time the Chief of 25 Police knows with reasonable certainty that causes for such actions exist. This 26 limitation shall not apply if the Chief of Police determines that extenuating 27 8.3 29 30 31 32 cDiirsccuimplisntarnyceascteioxnisst. involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instructions and cautionings) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 33 8.4 Any discharged employee who has completed his/her probationary period, or the 34 Police Benevolent Association, shall have the right to appeal said discharge directly to 1 the third step of the grievance procedure provided such appeal is made within ten (as 10) 2 days from the effective date of such action, computed in accordance with Section 3 6.2(D). 4 8.5 An employee shall not be required to respond in writing to an anonymous complaint of 5 a grievance)non-criminal nature concerning an employee’s alleged conduct toward a citizen, he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her 6 which complaint is made solely by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined citizen in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she question and shall be reinstated investigated on a 7 verbal basis unless and may be compensated for lost wages as may be agreed upon. If the employee's grievance until some corroborating evidence is processed through arbitration, as herein providedobtained. 8 8.6 When imposing incremental discipline, the Arbitrators shall be empowered to eitherChief will not: 9 (1) Uphold Use prior infractions of the discharge, orsame rule that have occurred more than two years 10 from the date of the current violation under consideration. 11 (2) Reinstate Use any verbal or written warning involving the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In same rule that occurred more 12 than one year from the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because date of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplinecurrent violation under consideration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee9.1 The appeal procedure for dismissals, with senioritydemotions, who is discharged suspensions, reprimands and counseling shall be the provisions contained in the grievance procedure of this Agreement. A. No regular full-time non-probationary employee shall be removed, discharged, reduced in rank or pay, suspended, or otherwise disciplined except for any reason whatsoeverjust cause, and feels that in no event until he/she shall have been furnished with a written statement of the grounds for such actions. (For purposes of this article it is understood that an employee who has been unjustly dealt with, will be given an opportunity of meeting with completed his/her Committeeperson before initial probationary period with the employer shall be considered a regular non-probationary employee). The Union may be physically present at any meeting in which an employee is being informed of any disciplinary action being taken by the Employer if so requested by the employee and provided that the Union representative is readily available. The employee shall have a reasonable time, up to a maximum of four (4) of the employee’s consecutive work hours or the end of the employee’s shift, whichever is greater, to obtain a Union Representative. After that time, if the discipline involves a corrective action, the disciplinary action may proceed. If the disciplinary action involves suspension or discharge, the employee may be relieved of the duties without pay pending attendance of a Union Representative, and the running of the time frame in Section 9.2B for taking disciplinary action is suspended until attendance of the Union Representative. In any grievance proceeding, the employee shall have time to prepare for defense against charges preferred as outlined under Article 8. B. Management having the right to administer disciplinary action for just cause, shall use progressive disciplinary methods where appropriate, and shall initiate disciplinary action within thirty (30) calendar days from the date management becomes aware of said infraction. It shall be understood that if disciplinary action is not initiated within the time frame, no action will be taken. 9.3 Any written reprimand shall be furnished to the employee outlining the reason for the corrective action. The employee will be requested to sign this statement. If he/she is required refuses to leave the premises. Ifdo so, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or this refusal shall be noted and placed in his/her absencepersonnel file. If he/she signs this statement, member such signature shall only acknowledge receipt of copy of corrective action and shall not mean the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed employee agrees/disagrees with the corrective action. The employee and may have an opportunity to submit a written statement responding to the Union, corrective action. The employee’s responding statement will also be entered in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as master personnel file, and attached to the corrective action. In the event a grievance)grievance is filed pertaining to a letter of corrective action, he/she shall, within 72 hours (the corrective action shall not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined be placed in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration’s file pending the outcome of the grievance. 9.4 After a disciplinary document/or detrimental document has been on file in the employee’s personnel file for a period of twenty-four (24) months, as herein provided, the Arbitrators that document shall not be empowered to either: (1) Uphold the discharge, or (2) Reinstate used in any adverse way against the employee, who may except for Class III type offenses as denoted in the personnel policies and shall be awarded up handled as specified in Article 9.5. A. There shall be only one official personnel file for each employee, which shall be maintained in Human Resources of the Employer unless a different location is approved. If any disciplinary material is placed in an employee’s official personnel file it shall be properly identified and a copy will be sent to the employee. The employee will have a right to answer any such material filed, and his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In answer will be attached to the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such file copy. Any employee will be given notice prior, have the right to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve review his/her suspensionown official personnel file, he/she shall within 72 hours (not including Saturdayexcluding pre-employment information, Sunday or Statutory Holidays) submit at reasonable times under supervision of the grievance at Step 2designated records custodian. The suspension employee, custodian or designee may request the placement of outdated disciplinary or detrimental documents in a sealed envelope and marked “outdated” not to be considered further except for Class III offenses. B. Where the Human Resources Vice President/designee, the Courts, an Arbitrator, or any statutory authority determines that a document has been placed in an employee’s personnel file in error, or is otherwise invalid, such document shall be removed, provided, however, that nothing in this provision shall grant any official, officer, or other person the authority to take any action not otherwise authorized. 9.6 A. The Union and Hospital Management agree that suspensions, demotions for cause and dismissals may be appealed immediately as a Third Step Grievance. The grievance meeting will be confirmed in writing with the employee and the Union scheduled within twenty-one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because (21) calendar days of the nature of date the offence, it appeal is necessary to require received at the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineThird Step.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 9.01 No employee shall be discharged or disciplined except for just cause. Probationary employees may be terminated at the reasonable discretion of the Employer provided that its discretion is not exercised arbitrarily, in a discriminatory manner or in bad faith. This shall constitute a lesser standard than the just cause standard for discharge for such an employee for the purpose of Section 43.1 of the Ontario Labour Relations Act. 9.02 The Employer shall, as soon as possible, inform an employee in writing of the reasons for disciplinary action taken against them. An employee shall be entitled to a copy of any criticism, commendation, appraisal or rating of such employee's performance in their job that is placed in their file, and on an annual basis to read their personal file and have corrected any confirmed error of fact therein. During a grievance concerning an employee, the employee or the Union (with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because written consent of the nature individual concerned) may, upon request, read and be provided copies of material in the offense or situation, it is necessary to require the removal of employee's personnel files. 9.03 If an employee from believes they have been discharged contrary to the premisesprovisions of 9.01 above, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit they may file a written grievance with the Publisher within thirty (as defined 30) days after they have received notice of discharge. Step 1 of the grievance procedure shall be omitted in Step 1that case. 9.04 The Employer shall advise the employee that they have the right to have a ▇▇▇▇▇▇▇ present at any disciplinary meeting, Section 4.3) beginning at Step 2 (Section 4.4)the outset of such meeting. 9.05 It is agreed that written letters of warning and reprimand or record of suspension shall be removed or deemed to be removed from an employee’s human resources file 18 months from the date of issue. If subsequently it is decided In the application of the above language, the time limit provisions will not apply should further discipline be imposed within the referred time periods. For added clarity, the disciplinary file will remain fully active in this instance for all progressive discipline purposes. The foregoing will have no effect on the Employer’s right to rely on past conduct beyond these time limits to establish that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penalty. 5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, knew or ought to have a Committeeperson present at such an interview. If known the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2company’s disciplinary rules. The suspension will be confirmed in writing with Employer agrees not to use such reliance for the employee and purpose of progressing disciplinary sanction(s) beyond what the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because specific conduct would warrant without consideration of the nature of the previous offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave 10.01 In the premises. If, because of the nature of the offense or situation, it is necessary to require the removal event of an employee who has attained seniority being discharged from employment or suspended, he shall have the premisesright to interview his ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the Plant premises provided the employee is at work or on the Company's premises at the time of such discipline. In the latter event, then his/her Committeeperson (either a plant ▇▇▇▇▇▇▇ or in his/her absence, member the Plant Chair will be provided notification of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with discipline prior to the employee being so notified. Where Union representation is not immediately available at the work site, such meeting shall take place at the Company’s premises as soon as practical after the discipline. The Employer will ensure that representation is arranged and the Union, in writing, within one (1) working dayoffered. If the employee should then wish to protest his/her discharge (feels that an injustice has been done, the case may be taken up as a grievance)grievance with the Plant Manager, he/she shallor his designated representative, within 72 hours five (not including Saturday, Sunday 5) working days following the notification of his discharge or Statutory Holidays) or such notice suspension. 10.02 Upon presentation of discharge having been mailed the grievance to him/her by certified post to , the Plant Manager, or his last address shown on designated representative, shall immediately arrange a meeting between the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that Union Grievance Committee and the employee was unjustly dismissed, he/she Company representatives and such meeting shall be reinstated held within five (5) working days following presentation of the grievance to the Plant Manager, or his designated representative. The Plant Manager, or his designated representative, shall deliver his reply to the grievance in writing to the Union within three (3) working days following such meeting or within such time as is mutually agreed upon by the Company and the Union. 10.03 Such special grievance may be compensated for lost wages as may be agreed upon. If settled by confirming the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate Management’s action in dismissing the employee, who may be awarded up to his/her or by reinstating the employee in his former position with full seniority and/or compensated compensation for lost paytime lost, or (3) Substitute some lesser penaltyincluding full seniority, or by any other arrangement which is just and equitable in the opinion of the conferring parties. 5.2 10.04 Any unsettled discharge or discipline grievance may proceed by way of arbitration in accordance with Article IX of this Agreement and, in such event, the Arbitrator may uphold the Company’s action in discharging the employee or may order reinstatement of the discharged employee with full compensation for time lost, or may issue such other decision within these limits which, in the opinion of the Arbitrator, is just and equitable in the circumstances. 10.05 An employee either will be disciplined or alternatively will be advised of any internal investigation by the Company of known misconduct by the employee within five (5) working days of the date when management concludes that there is misconduct which warrants discipline or investigation. In clarification, this does not apply to external investigations by persons outside the Company. 10.06 In the event that a written warning is given to an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involvedemployee, such employee a copy will be given notice priorto the ▇▇▇▇▇▇▇. All such disciplinary warnings shall be voided after twelve (12) consecutive months free of further discipline. In the event of a disciplinary suspension or demotion, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended suspension and wishes to grieve his/her suspension, he/she demotion shall within 72 hours be voided after eighteen (not including Saturday, Sunday 18) consecutive months free of further discipline The Company shall be disqualified from using all voided warnings or Statutory Holidays) submit discipline as listed above in the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through or arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to disciplineprocedure.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged Section 16.1. Employees may be disciplined only for any reason whatsoever, just and feels that he/she has been unjustly dealt with, will reasonable cause. The principles of progressive corrective discipline shall be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premisesapplied. If, because of Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee’s record of performance and conduct. Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be made where the severity of the offense warrants. Section 16.2. A bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may justify suspension or situationdischarge, it is necessary he shall be entitled to require a hearing prior to the suspension being invoked, unless the offense warrants immediate removal of an employee from the premises, then at which time the employee may be placed on administrative leave with or without pay until the hearing. Section 16.3. Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre•disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her Committeeperson duties without causing a hardship on other employees or the Employer’s functions. If the Union representative is not available or cannot be released, the conference will take place when a Union representative is available. Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre- 1. Time, date and location of the hearing; 2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position. 3. The name of the hearing officer or in neutral third party who will conduct the hearing; 4. The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and the action proposed. Section 16.5. Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of the ▇▇▇▇▇ County Children Services Board or his/her absence, member designated representative. Section 16.6. A hearing will be held within thirty (30) calendar days from the date of confirmation of the Union Executive) will be notified before such action offense, unless an outside agency is taken. Such action will subsequently be confirmed with conducting an investigation related to the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that offense for which the employee was unjustly dismisseddisciplined /discharged or the alleged violation involves a criminal felony charge. Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the hearing. Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, he/she verbal and written warnings may not be appealed to arbitration. Section 16.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be reinstated and may be compensated for lost wages as may be agreed upon. If copied on the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either: (1) Uphold the discharge, or (2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or (3) Substitute some lesser penaltycharge letter. 5.2 In Section 16.10. The ▇▇▇▇▇ County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the event that an following schedule, providing the employee with seniority is called has not received additional discipline for an interview by Management the same or similar offense during the period of time, in which disciplinary measures against case the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing period of time begins with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an office provided by the Company, before leaving the Plant. If because of the nature of the offence, it is necessary to require the immediate expulsion of any employee from the Plant, then the Plant Chairperson or Plant Committeeperson will be notified within two (2) working days. (Monday to Friday as work week) 5.3 Previous disciplinary action over a period of eighteen months or more will not be taken into consideration in any subsequent incidents in which the employee is subject to most recent discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement