DISCHARGE AND DISCRIMINATION Sample Clauses

The "Discharge and Discrimination" clause primarily serves to prohibit the termination or unfavorable treatment of individuals based on protected characteristics such as race, gender, age, religion, or disability. In practice, this clause applies to employment relationships, ensuring that decisions regarding firing, layoffs, or changes in working conditions are not influenced by discriminatory motives. Its core function is to promote fairness and equal opportunity in the workplace, while protecting both employers and employees from legal disputes related to wrongful discharge or discriminatory practices.
DISCHARGE AND DISCRIMINATION. A. The Employer shall not discriminate against an employee for
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DISCHARGE AND DISCRIMINATION. NOTICE PAY— SENIORITY (a) The Employer shall not discharge or discrimi­ nate against any employee for upholding Union prin­ ciples of trade unionism, serving on a committee of the Union, or any organization affiliated therewith, or fail­ ing or refusing to purchase stocks, bonds, securities, or interest in any partnership, corporation and/or company. No person shall be discriminated against in regard to hiring, tenure of employment or job status by reason of race, color, creed or national origin. (b) Discharge: The Employer reserves the right to discharge any employee covered by this Agreement for good cause. Upon discharge of any employee, the Employer shall, within seventy-two (72) hours, there­ after, notify the Union of such discharge. Claims of un­ justifiable discharge shall be referred to the Adjustment Board provided for in Section 13. (c) Layoffs & Rehire: In layoffs and rehiring the the principle of seniority shall be recognized when practicable and when ability and performance are sub­ stantially equal; provided that before an employee having seniority is laid off on the grounds that his ability or performance is not equal to junior employees, such senior employees, shall be advised by the Em­ ployer and given a reasonable opportunity to improve his work. (d) Transfers: Transfers of employees to other cities shall not be compulsory nor shall any employee be penalized for failure to accept such transfer. (e) Notice of Discharge: Regular employees with six (6) months' service shall be given five (5) days’ notice before dismissal or discharge, or the equivalent pay, except when such dismissal or discharge has been for cause, such as insubordination or disorderly or improper conduct. The Union shall be notified of the discharge.
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DISCHARGE AND DISCRIMINATION. A. The Employer s h a l l not d isc r im in a te a g a in s t an employee fo r u phold ing Union a p r in c ip le s , s e r v in g on a committee of the Union o r any o rg a n iz a t io n a f f i l i a t e d therew ith. B. An employee may be d ischarged fo r proper cause, and the Employer s h a l l g iv ▇ ▇ ▇ ▇▇▇▇ in ▇ ▇ it in g of such d isch a rg e to the Union. The Employer s h a l l not d isch a rg e any employee w ithout proper cause and s h a l l g iv e a t le a st one (1 ) w ritte ▇ ▇ ▇▇▇▇▇▇ n o t ic e of the s p e c i f ic com plaint o r com plaints a g a in s t such employee to the employee and to the Union, except th a t no w ▇▇▇▇▇▇ n o ▇▇▇▇ need be given to an employee, before d isch a rg e , i f the cause o f such d isch a rg e i s d ish o n e sty, drunkenness, f a l s i f i c a t io n of a p p lic a t io n fo r employment ( d isch a rg e fo r f a l s i f i c a t io n of a p p lic a tio n of employment must be w ith in s ix t y (60 ) days from date o f h ir e ) , ▇ ▇ ▇ ▇ le ssn e ss r e s u l t in g in a s e r io u s a ccid en ▇ ▇ ▇▇▇▇ on duty, o r re fu sa l o f any employee to accept a job assignm ent. Warning n o t ic e s s h a l l be v o id a fte r s i x (6 ) months from date o f issu e . The Union may thereupon f i l e a w ritte n com plaint w ith the Employer w ith in seven (7 ) days a fte r the Union re c e ive s n o ▇▇▇▇ of such d isch a ▇▇ ▇ . S a id com plaint must be taken up w ith in seven ( 7 ) days from the date I t i s f i lo d with the Employer, by the U n io n ’ s re p re se n ta tiv e and the Em p lo ye r 's design ated re p re se n ta t iv e , and i t may be re fe rre d to the Board o f A r b it r a t io n in the event the Union and the Em p lo yer's d esignated re p re se n ta t iv e f a i l to reach an agreement. Should the Board determ ine that i t was an improper d isch a rg e , the Employer s h a l l r e in st a t e the employee in accordance w ith the f in d in g of the Board of Arb i t ra t i o n . C. Upon re c e ip t by the Union from the Employer of ▇ ▇ ▇▇▇▇▇▇ n o ▇▇▇▇ o r C o rre c t iv e Ac+ion Record, an employee who fe e ls th a t such charge was u n fa ir o r unwarranted s h a l l have f ifte e n (15) days from re c e ip t by the Union of such n o ▇▇▇▇ , to f i l e a grie va n ce concerning the Em p lo yer's a ctio n .
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DISCHARGE AND DISCRIMINATION. 4.1 - NON-DISCRIMINATION - (a) The Employer shall not discriminate against an employee for upholding Union principles, serving on a committee of the Union, or any organization affili­ ated therewith, and failing or refusing to purchase stocks, bonds securities, or interest in any partnership, corporation, and/or company, nor shall the upholding of such Union principles by said employee be a violation of the contract. The Employer shall not discriminate against any employee for filing a grievance, enforcing the contract or for other legally protected activity.
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DISCHARGE AND DISCRIMINATION. SECTION A. The Employer shall not discriminate against an employee for upholding Union principles, serving on a committee of the Union, or any organization affiliated therewith, and failing or refusing to purchase stocks, bonds, securities, or interest in any partnership, corporation and/ or company, nor shall the upholding of such Union principles by said employee be a violation of the contract. The Em­ ployer shall have the right to discharge any employee for just cause. SECTION B. Any employee who is discharged shall be informed at the time of discharge, of the immediate cause of discharge. Upon request to a designated Employer represent­ ative, any employee^who is discharged shall be informed, in writing, of the cause of discharge within forty-eight (48) hours of receipt of such request. SECTION C. Employees may be requested to sign or initial warning letters, but such signing or initialing shall in no way constitute agreement with the contents of such notice. No warning notice shall be valid unless given within a reason­ able period of time after the event giving rise to such notice. Written warnings shall be effective for a period of twelve
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DISCHARGE AND DISCRIMINATION. 5.1 - The Employer shall not discriminate against an employee for upholding Union principles, serving on a committee of the Union, or any organization affiliated therewith, and failing or refusing to purchase stocks, bonds, securities, or interest in any partnership, corporation, and/or company, nor shall the upholding of such Union principles by said employee be a violation of the Contract. The Employer shall not discriminate against an employee for filing a grievance, enforcing the contract or for other legally protected activity.
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DISCHARGE AND DISCRIMINATION 
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Related to DISCHARGE AND DISCRIMINATION

  • DISCHARGE AND DISCIPLINE (a) Each employee must be provided in writing with all notations of derogatory or disciplinary action, which are to be placed on the employee 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 within ten (10) working days of the discovery of the occurrence-giving rise to the action. In such cases, the President of the Union shall be notified by mail that the employee has been disciplined or received a derogatory notation. Any written reply made by an employee to a derogatory notation, disciplinary action or performance appraisal shall be included in the employee’s personnel file provided such reply is received by the Board within ten (10) working days of the occurrence. The time limits in 12.01 shall be observed hereto, except where an extension of such time limits is mutually agreed upon. (b) Notwithstanding 12.01 (a) above, in the event that an investigation is deemed necessary by the Board, and/or the Police, the CAS or any other outside agency, the Board shall notify the employee in writing that an investigation is being conducted. Such notice shall include the general nature of the investigation and a copy of the letter shall be sent to the President of the Union. 12.02 If an employee who has attained seniority is discharged, demoted or suspended and the employee feels that the employee has been unjustly discharged, demoted or suspended, then the case may be taken up as a grievance. If such a grievance is undertaken, it shall begin at Step No. 2, provided that such grievance is submitted in writing to the Manager, Employee Relations within five (5) working days of the discharge, demotion or suspension. 12.03 When an employee is to be disciplined in writing or discharged, the employee shall: (a) be so advised by the supervisor or a senior member of management; (b) be advised of the time and place of the discipline or termination meeting; (c) be accompanied by the President of the Union or designate; (d) be given the reasons for the discipline or discharge at such meeting. 12.04 An employee may request in writing to the Manager, Employee Relations to have a written warning removed from the employee's personnel record after two years, providing no subsequent written warning or disciplinary action has been placed on the employee's personnel record in the intervening two (2) year period. The decision of the Manager, Employee Relations shall be final and binding and communicated in writing to the employee.

  • Harassment and Discrimination The parties agree that the process for dealing with harassment for reasons not specifically prohibited by the Ontario Human Rights Code is an appropriate subject matter at Labour Management Committee meetings. BETWEEN: AND: The Employer agrees that employees may be permitted to transfer at the Employer's discretion from one nursing home to another for their own personal convenience and at their own expense, subject to the following conditions:

  • DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. 10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available. 10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed: (a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee. (b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint. (c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments. (d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above. 10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given. 10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction. 10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested. 10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.

  • DISCHARGE AND DISCIPLINARY ACTION 10.01 A claim by an employee that he has been discharged or suspended, without just cause, shall be a proper subject for a grievance. Such a grievance shall be submitted in writing to the Employer at Step Two within ten (10) working days after the employee receives notice that he has ceased to work for the Employer or has been notified of the suspension, as the case may be. Notwithstanding the time limits contained in Article 9.03 Step Two, the Parties will meet in attempt to resolve the grievance within five (5) working days of said grievance being filed at Step Two. 10.02 It is understood that an employee has the right to Union representation by a shop ▇▇▇▇▇▇▇ or other Union Officer when discipline is given. The Employer shall send a copy of any written discipline to the Union. Should the Employer fail to provide a copy of the discipline, the timelines found in Article 9.03 shall be waived. 10.03 All disciplinary notices on an employee's record shall be removed after fifteen (15) months. 10.04 A claim of suspension or discharge may be settled by confirming the Employer's action or by reinstating the employee with full seniority and compensation for lost time, or by any other arrangements as to compensation or reinstatement which is just and equitable in the opinion of the conferring Parties, or in the opinion of the arbitrator. 10.05 It is clearly understood between the Parties that Probationary Employees may be discharged for reasons less serious in nature than employees having attained proper seniority standing. 10.06 An employee shall be granted access to his personnel file on demand at a convenient time and, if the employee wishes, in the presence of a Union Officer or Union Staff Representative.

  • DISCIPLINE AND DISCHARGE A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate. B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee. C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have Union representation. The employee will be asked to sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or denial of guilt of the charges or statement. D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense. E. The Employer shall not discipline or discharge any employee without just cause. Any disciplinary action may be appealed through the grievance procedure. Steps of the grievance procedure may mutually be waived in order that the grievance may be filed with the person issuing such disciplinary actions.