DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes. (c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith. 9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. 9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. 9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file. 9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review. 9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline. 9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained A claim by a seniority status, employee that he has been discharged from his employment, the case may without proper cause shall be taken up treated as a grievance where and shall commence at Step 2 of Article 5.05 provided a written grievance signed by the employee is of the opinion that and his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop department ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded is presented to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitraryVice President, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources within five (5) days from the date after discharge. The International Representative of the Union Office receives will be permitted to attend the written reasons for meeting held pursuant thereto, with the suspension Vice-President of Human Resources. The Union will not question the discharge of any probationary employee nor shall such discharge be the subject of a grievance.
(b) Should the parties agree or discharge. Receipt of should the written reasons arbitration board determine that a seniority employee has been discharged without proper cause, such employee shall be proven by means reinstated as an employee without loss of a facsimile confirmationseniority and shall be compensated in accordance with the provisions of Article 5.12 hereof.
9.03 Grievances alleging unjust discharge may be settled by confirming (c) In the Company’s action event that a grievance is lodged in dismissing accordance with the provisions of this Article 5.15, the company agrees to advise the employee, or by reinstating with full compensation for time lostin writing, or by any other arrangementof the provisions under Article 5.15(c), which is just and equitable in provisions provide that the opinion employee will be permitted to continue at his own expense, his protection under the group insurance plans of Appendix “B”, by paying the conferring parties.
9.04 No discipline shall be taken after necessary premiums to the company as follows: Within ten (10) days of discharge - the date amount of premiums sufficient to maintain coverage for the balance of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incidentmonth, whichever is later. Furthermoreand thereafter, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing monthly in advance or at until the time of the meeting. A copy of any adverse record shall be supplied issue is resolved, but not to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if exceed twelve (12) months has elapsed from the date of discharge. In the incident event an employee fails to make the necessary payments in advance, his coverage shall lapse. If the employee is reinstated by the Board of Arbitration and the company is ordered to reimburse him for earnings lost, he will also be reimbursed payments which gave rise he has made to said prior disciplinesuch plans.
9.07 No bargaining unit (d) The Company and the Union agree that the provisions of the Letter of Understanding found at the end of the Collective Agreement, titled “Re: Human Rights and Sexual and Racial Harassment”, shall form part of and be incorporated into this Collective Agreement.
(a) Upon being notified of his discharge while at work, it shall be the duty of the employee to leave his department and go to the Vice-President, Human Resources’ office. If the notification occurs outside of regular office hours or while the employee is not at work, the employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities report to the Vice-President, Human Resources’ office during the hours of the next regular day shift unless prevented from giving directions to other bargaining unit membersdoing so by reasons beyond his control.
(b) The Vice-President of Human Resources will notify the Plant Grievance Chairman of the discharge in writing, including all three (3) day letters that result in discharge, within twenty-four (24) hours, all letters will be signed for by a member of the Grievance Committee in a log book located in Human Resources.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE CASES. 9.01 New employees shall be considered probationary until they have worked four hundred and sixty (a460) Once hours, after which time their seniority shall date back to the day of original hiring. If the employee receives any discipline during their four hundred and sixty (460) hour probationary period, their probationary period may be extended to six hundred and eighty (680) hours. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company.
9.02 A claim by any employee, who has attained seniority statuscompleted his/her probationary period, that he has been unjustly discharged from his employment, the case may his/her employment shall be taken up treated as a grievance where if a written statement of such grievance is lodged with the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources Manager within five (5) days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step 2 will be proven by means of a facsimile confirmationomitted in such cases.
9.03 Grievances alleging unjust discharge Such special grievances may be settled by confirming the Companymanagement’s action in dismissing discharging the employee, employee or by reinstating the employee with full compensation for lost time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10a) days Has committed an act of theft against either the date Company, its customers, or its employees
b) Has committed on Company property an act of possessing, consuming, inhaling, injecting or arranging for distribution an illegal substance under the incident giving rise to the discipline Criminal Code or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance Controlled Substances Act or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileits regulations.
9.05 Upon request by c) Defames the Employer or its owner
9.04 In the event an employeeemployee has been discharged, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of Company shall notify the request, and arrangements being made for a mutually convenient time for the reviewUnion within twenty-four (24) hours.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE CASES. 9.01 New employees hired after January 12, 2012 shall be considered probationary until they have worked six hundred and eighty (a680) Once hours, after which time their seniority shall date back to the day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company.
9.02 A claim by any employee, who has attained seniority statuscompleted his/her probationary period, that he has been unjustly discharged from his employment, the case may his/her employment shall be taken up treated as a grievance where if a written statement of such grievance is lodged with the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Human Resources Manager within five (5) days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step 2 will be proven by means of a facsimile confirmationomitted in such cases.
9.03 Grievances alleging unjust discharge Such special grievances may be settled by confirming the Companymanagement’s action in dismissing discharging the employee, employee or by reinstating the employee with full compensation for lost time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10a) days Has committed an act of theft against either the date Company, its customers, or its employees
b) Has committed on Company property an act of possessing, consuming, inhaling, injecting or arranging for distribution an illegal substance under the incident giving rise to the discipline Criminal Code or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance Controlled Substances Act or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileits regulations.
9.05 Upon request by c) Defames the Employer or its owner
9.04 In the event an employeeemployee has been discharged, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of Company shall notify the request, and arrangements being made for a mutually convenient time for the reviewUnion within twenty-four (24) hours.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained seniority status, A by employee that he has been discharged from his employment, the case may employment shall be taken up treated as a grievance, if a statement of grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspendedlodged General Manager, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) calendar days and a copy employee ceases to work for the Company. Such grievance shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion Step of the Grievance Procedure, as herein provided. When it is to an employee the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or such discharge shall be filed at Step Noprovided a letter such action a copy be given to Union. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt At of the written reasons shall be proven by means of either Party, a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agentalso attend meeting. The Union ▇▇▇▇▇▇▇ to conduct a employee, at a place designated by the Company, prior to the employee leaving premises. the request no to an employee upon request. for leave of absence be in to Manager at two prior to desired date of of leave arid must of leave and the reason for requesting leave. Company's reply be given to the in writing (7) days receipt of request. It is understood employees on leave of absence granted for as Any employee elected or to a full position the be granted upon request one
(1) year of absence pay and benefits. An employee to serve on a legally jury during a period he would be scheduled to for the Company be paid wages would period on basis of and current rate of pay. the of the to and adequate proof of amount of jury pay received, be deducted his next pay cheque. Company will not require employee to work any than his scheduled on jury duty but may waive require an employee excused from duty to complete balance of the assistance regular Employees be granted Pregnancy arid Leaves of Absence accordance the Employment Standards Act. In event of death of an employee's such employee be granted
(3) consecutive days off, loss of pay, for the purpose of attending funeral arrangements for such. "Immediate family" shall include father, brother, sister, and wife or partner. event of of a mother-in-law, or grandparents, an employee shall be provided one (1)day off without loss of pay to attend arrangements for funeral. Company will provide a bulletin board in Cafeteria for convenience of the Union for posting notices of Union activity. All notices be signed by doing so in writing in advance the proper officer of local and to the Director of for approval before being posted. event that employee loses or at tools or equipment that were supplied to by Company, or fails to return the time cost of the meetingor tools or equipment be deducted wages of employee. A copy remain property of any adverse record Company. Employees are prohibited except engaged in service for are supplied. Any on other to be them against employee. Maintenance of shall include dry as by the Company, cost of be supplied at expense of employee, effective July and in Company supply lockers for employees presence of a employee, to inspect lockers from time to time. The Company its current respect to providing to certain of An employee off duty sickness, be requested by the Company, to produce a medical cause of absence if Company it necessary due to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileemployees previous record.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once A claim by an employee, who has attained seniority status, Employee that he has been unjustly discharged from his employmentemployment shall be treated as a grievance, only if a written statement of such grievance is lodged with the case Branch Manager within five (5) days after the Employee has been given notice of discharge. Such special grievance may be taken up as a grievance where settled by confirming the employee Management’s action in dismissing the 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 opinion that his termination was without just cause.
(b) Where conferring parties. When an employee Employee has been discharged or suspendeddismissed without notice, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the plant premises. The employee An Employee shall give the Company two (2) weeks notice of termination of his employment. Except in the cases of for just cause (where no notice need be given), the Company, when it terminates or permanently lays off an Employee who has completed the probationary period, shall give the Employee the same notice of termination or layoff or shall pay the Employee wages, at regular rates, in lieu of the period for which notice was not given. Employees who have not given proper termination notice may have deducted from monies due but not paid for wages or vacation pay, the amount of would have been earned by the Employee during the period of notice which should have been given the Company. Unless otherwise agreed between the Union and the Company in writing, a written warning cannot be used against any Employee after a period of eighteen (18) months from the date of issuance of such warning and will not be relied on for any purpose, provided the Employee did not receive any further warnings or other discipline within the eighteen (18) month period. Where an Employee is given a written reprimand, suspension or is discharged, the Employee shall be notified in writing and a copy of the written disciplinary notice given to the Employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union Shop ▇▇▇▇▇▇▇ or in the absence of a ▇▇▇▇▇▇▇, a copy will be mailed to the Union Business Agentoffice (Winnipeg) by registered mail. The employee may waive At any disciplinary meeting the assistance of the Union by doing so in writing in advance or Company will endeavour to have a ▇▇▇▇▇▇▇ available at the time but failure to do so does not vitiate the discipline imposed. Except for cases which justify immediate dismissal the Company apply the following form of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time progressive discipline for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.same offence:
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) . Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or dischargeor suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) . The Union acknowledges that the dismissal of dismissalof a probationary employee may be carried out for reasons less serious than what would be justified bejustified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or discriminatoryor in bad faith.
9.02 . Any grievance relating to relatingto a suspension or discharge shall suspensionor dischargeshall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or suspensionor discharge. Receipt of Receiptof the written reasons shall be proven by means of a facsimile confirmation.
9.03 . Grievances alleging unjust discharge may be settled by confirming the Company’s 's action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 . No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or andlor the Union shall be appended to such record and form part of said file.
9.05 . Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 . Prior discipline cannot be used in progressive discipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be permitted to rely on any discipline which occurred eighteen (18) months prior to the date of the incidentgiving rise to the current discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once In the event of an employeeemployee being suspended or discharged from employment, who has attained seniority status, and the employee feeling that an injustice has been discharged from his employmentdone, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where grievance. Notwithstanding an employee who has been discharged not attained seniority may only grieve a discharge if the discharge was done in a manner that was arbitrary, discriminatory, or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premisesin bad faith. The employee such cases shall be given written reasons for the discharge or suspension taken up within five (5) days and disposed of within seven (7) days and (or such longer period as may mutually agreed upon) of the date the employee is notified of suspension or discharge, except where a copy case is taken to arbitration. A claim by an employee that has been wrongly suspended or discharged from employment, shall be forwarded to treated as a grievance as defined by Article if a written statement of such grievance is lodged with the Union Office. The Manager, Human Resources within days after the employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal is notified of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrarysuspension discharge, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or dischargeemployer, whichever is the earlier. Receipt All steps of the written reasons shall grievance procedure prior to Step. No. may be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge omitted in such cases. Such special grievances may be settled by confirming the CompanyEmployer’s action in suspending or dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties.
9.04 No discipline parties or the Board of Arbitration, as the case may be. The Union shall be taken after ten (10) days have the right to represent a member at a Board meeting when a recommendation for discharge of the date of the incident giving rise that member is being presented to the discipline or ARTICLE :MANAGEMENTGRIEVANCES It is understood that the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed Employer may file with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the and a Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of Representative any adverse record shall be supplied complaint with respect to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative conduct of the Union, subject its officers or stewards, any complaint that a contractual obligation undertaken by the Union has been violated, and that if such complaint by the Employer is not settled to reasonable notice being given the mutual satisfaction of the requestconferring parties, it may be treated as a grievance and arrangements being made for a mutually convenient time for referred to arbitration in the review.
9.06 Prior discipline cannot same way as the grievance of an employee. No such grievance shall be used in progressive discipline if twelve considered where the circumstances giving rise to it occurred or originated more than five (125) months has elapsed from full working days before the date filing of the incident which gave rise to said prior disciplinegrievance.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Bargaining Agreement
DISCHARGE CASES. (a) Once In the event an employee, who has attained seniority status, employee shall be discharged from employment and believes has been discharged from his employmentunjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided under the rules of this Agreement that an injustice has been done the employee with regard to the discharge, the Company agrees to reinstate such employee with regard to the discharge and pay full compensation at hisher prevailing rate for the time lost. In case may of any such discharge the Company must be notified of the claim of the alleged wrongful discharge in writing and dated within five (5) working days, and the case shall be taken up promptly and diligent efforts made to dispose of it within eight (8) working days. It is understood that an employee who is absent from work for six (6) consecutive working days without having notified the Company of the reason for such absence will be properly considered as a having terminated i employment with the Company. This is subject to grievance where procedure. Upon being notified of hisher discharge, it shall be the duty of the employee is to leave hisher department and to go the employment office. The Chairperson of the opinion that his termination was without just cause.
(b) Where an Grievance Committee or hisher deputy shall be immediately notified and and one other member of the Grievance Committee shall be given the opportunity to review such discharge case with the employee has been and others before the records in the employment department are closed. At the request of the Union any discharged employee may attend the third step grievance meeting at which hisher discharge is being considered. In such event the grievance meeting will be held at a neutral location with expenses, if any, to be shared equally between the parties. The Company agrees to discuss any proposed disciplinary suspension with a union representative before taking such action, except in cases when the event occurs on the afternoon or suspended, he shall have the right to interview his shop night shift and no ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premisesis present. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of In such cases the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed will meet promptly with the employee in union representative on the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said filenext working day.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. Subject to (a) Once an employee), who has attained seniority status, has been discharged from his employment, a claim by the case may be taken up as a grievance where the employee is of the opinion Union that his termination was without just cause.
(b) Where an employee has been unjustly discharged shall be treated as a special grievance if a written statementof such special grievance is lodged with the Director of Education or suspended, he shall have designate by a member of the right Union Committee or designate no later than ten (10) working days after the notification to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premisesemployee. The Employer shall direct a letter to the employee shall be given written reasons for the discharge or suspension within seven (7) days concerned and a copy shall be forwarded thereof to the Chair stating its reasons for any discharge or suspension. Despite the foregoing, the Union Officeand the Employer agree that a lesser standard for discharging employees shall apply during an employee’s probationaryperiod. The employee shall also be given Failing settlement of such special grievance under the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that foregoing procedure, the dismissal of a probationary employee grievance may be carried out referred to arbitration as provided for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The under Article Such special grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the CompanyEmployer’s action in dismissing the employee, or by reinstating the employee with full compensation for time lostor without compensation, or by any other arrangement, which in such a manner as is just deemedjust and equitable in the opinion of the conferring parties.
9.04 No discipline shall parties or the arbitration board. The Chair shallbe notified on the dismissalof an employee and suchnotice will be taken after ten mailed within one (101) days day of the effective date of the incident giving rise dismissal. Verbal notice will be the Chair, or Union representative,on the day the employeeis dismissed if a Union representative is not present at the time the employee is notified of the dismissal. If an employee has a month period during which there was no disciplinary action against the said employee, then the employee’s disciplinaryrecord during the time prior to the discipline or the date on which the Company could reasonably have become aware commencement of the incidentsaid month period shall not be used against the employee. An employee, whichever is later. Furthermoreshall, no entry shall upon written request to the Director of Education or designate be made on an employee's record regarding work performance granted the opportunity to view his or conduct, unless the matter is first discussed with the employee her complete personnel file in the presence of his Union ▇▇▇▇▇▇▇ the Manager of Human Resources or the Union Business Agentdesignate. The An employee who may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given discipline shall have the right to Union representation. It is the Employer’s responsibility to inform such employee of the request, and arrangements being made for a mutually convenient time for the reviewthat right to representation.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once Whenever an employee, who has attained seniority statusother than a probationary employee, has been discharged from his employmentis discharged, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspendedwill, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall at request, be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal an opportunity of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union interviewing ▇▇▇▇▇▇▇ or Committeeperson before is required to leave the Union Business Agentplant; unless, because of the nature of the offense it is necessary to require the immediate expulsion of an employee from the plant. In cases of immediate expulsion, the employee's ▇▇▇▇▇▇▇ or Committeeperson will be notified immediately and the ▇▇▇▇▇▇▇ or Committeeperson will be given an opportunity to interview the discharged employee at some convenient location. "Should the Employee protest her discharge as a Grievance, such protest shall be presented, in writing, within five (5) working days. The employee Grievance procedure commencing with Step No. Sub-section will then be followed. At this meeting the Parties may waive make any suitable arrangement deemed to be just and equitable under the circumstances". No grievance covering such discharge may be submitted to arbitration after thirty (30) working days such time as may be agreed upon) have elapsed from the date that Management's written decision is presented to the Union. In the case of Arbitration, the Arbitrator may direct any suitable arrangement deemed to be just and equitable under the circumstances. An employee, other than a Skilled Trades Employee, shall be considered on probation until has worked a total of three hundred and twenty (320) hours within a twelve (12) month period. A Skilled Trades Employee shall be considered on probation until has worked a total of four hundred (400) hours within a twelve (12) month period. The Company has full right to discharge or layoff probationary employees. On discharge, a reason will be given, if requested by the employee. On matters concerning working conditions, probationary employees shall be entitled to the assistance of the Union by doing so and have recourse to the Complaint and Grievance procedures, but this right shall not apply in writing a case of discharge or layoff. Seniority will be acquired after an employee has served the probationary period as outlined in advance or at Section sub-section (a) and and name will appear on the time seniority list. "Seniority lists will be established on a plant-wide basis and will be issued January April July and October of each year". It is understood that, during the term of this Agreement, the provisions of the meetingSeniority and other related clauses will be subject to change upon agreements between the Company and the Union. A copy As new Employees are hired, their names are entered in the employment record book in the order of any adverse hire. Thus, names of newly hired employees will appear in sequence in the order of hire. Upon their acquiring seniority, their names are entered on the permanent "Seniority and Classification Listing" in exactly the same order in which their names appear in the employment record shall be supplied to book. On the employee and a copy shall be forwarded to seniority listing, the Union Office. Any written response Employee's order of seniority is established by the employee and/or order of listing. The order of seniority on this listing is also indicated by the Union shall be appended seniority number which appears opposite each Employee's name in the right hand column of the listing page. The lower numbers establish a higher seniority. These numbers however, are not necessarily permanent, for as deletions in Employees occur their numbers are reassigned to such allow the remaining number to close the In the event of the layoff of Employees whose names do not appear on the Seniority listing, probationary Employees are laid off first in the precise order in which their names are recorded in the employment record and form part of said file.
9.05 Upon request by an employee, that employee's record book. The name which appears last will be available for review by the employeefirst to be laid off and etc., or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the reviewunder this procedure.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once It is recognized that an employee's period of probation (the first fifty (50) days worked for full time employees and 176 hours worked for part time employees) is a period during which the Employer has the right to assess an employee to determine whether such employee is, who has attained seniority statusin the discretion of the employer, has been discharged from his employment, the case acceptable for employment and may be taken up as a grievance where dismissed for reasons less serious than would justify the dismissal of an employee is on the seniority list. However, during the first fourteen (14) working days worked of the opinion probationary period, it is recognized that his termination was without probationary employees may be dismissed at the discretion of the Employer and such dismissal will be deemed to be for just causecause and will not be questioned or made the subject of a grievance.
(b) Where A claim by an employee (subject to 11.6 (a» that she has been unjustly discharged from her employment shall be treated as a grievance if a written statement of such grievance Is lodged with the manager of the Hotel within five (5) days after the employee ceases to work for the Employer. All preliminary steps ofthe grievance procedure prior to Step 3 will be omitted in such cases.
(c) Such special grievances may be settled by confirming the management's action in dismissing the employee {subject to 11.6 (a)}, 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.
(d) When an employee has been discharged or suspended, he dismissed she shall have the right to interview his shop her ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. .
(e) The Employer shall in its evaluation of probationary employees act in good faith taking into consideration the employee's conduct, attitude, attendance and appearance.
(f) This does not prevent a probationary employee who has completed his fourteen (14) working days worked from lodging a grievance either at Step#1for discipline for Step #3 in the cast of discharge.
(g) No employee shall be given written reasons for disciplined or discharged on her day off. In any event, the discharge or suspension within seven (7) days and a copy shall be forwarded Employer reserves the right to instigate disciplinary action should an employee engage in misconduct while on the Union Office. The employee shall also be given the appropriate documents for employment insurance purposesEmployer's premise on her day off.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- non-probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be permitted to rely on any discipline which occurred eighteen (18) months prior to the date of the incident giving rise to the current discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once A claim by an employee, who has attained seniority status, employeethat he has been discharged from his employment, the case may employment be taken up treated as a grievance, written statement of such grievance where is lodged with the General Manager,within seven (7) days the employee is ceasesto work for the Company. Such grievance shall commence at Step of the opinion that his termination was without just cause.
(b) Where procedure,as herein provided. When it is necessary to discharge an employee has been discharged or suspendedemployment the Company such shall take place at a meeting with the Company, he and the employee shall be provided with a such action and a will be given to the Union. At the of either Party,a Union may also attend such The Union shall have the right to interview his shop ▇a with the employee, at a place by the Company, prior to the employee leaving thepremises. of without pay and benefits may be by the Company to an employeeupon request. Such request not be unreasonably withheld. Request for of absence be made in writing to the Manager at least two weeks prior to the date of of such leave and must indicate the length of leave requested and the reason for the leave. The reply will be given to the employee in writing within seven (7) days following receipt of the request. It is that employees on leave of may not use the time granted for ▇▇▇▇▇▇ declared their requestfor leave. Violation of thisArticle will be just causefor Any employee or to a time position within the Union will be granted upon request one (1) year leave of absencewithout pay and An employee required to serve on a legally during a period when he would otherwisebe to work for a reasonable period the Company shall be paid the wages he have received during this on the of time before leaving regular hours and then rate of pay. Such employee will the premisesof the to attend thejury and shall adequate of the pay shall be his pay cheque. The not the employee to work any other than his scheduled while onjury may require an employee excused jury to the balance of the Employees be and Paternal Leaves of in accordance with the Standards Act. In the event of the death of an employee's member,such employee shall be given written reasons granted three(3) days without loss of pay, for the discharge purpose of attendingthe arrangements for such. "Immediate shall include mother, brother, sister, child, and or suspension within seven (7) days and partner. In the event of the death of a copy mother-in-law,father- in-law,grandchild or an employee shall be forwarded provided on (1) day off without loss of pay to attend make arrangementsfor the The Company will provide a bulletin board in the for the convenience of such notices must be by the proper of the local Union, and to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of Director ofHuman his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.approval before ARTICLE
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, 11.01 An employee who has attained seniority status, is discharged shall be so notified in writing by the Company. If the employee considers he has been discharged from dischargedfor other than just and reasonable CilUM he may request a hearing with the DepartmentHead, or his employment, the case may designated representative within fori)-eight (48) hours d receipt of such notice of discharge.
11.02 A hearing will be taken up as a grievance where the employee is held within three (3) days following receipt of the opinion that his termination was without just cause.
request referred to in Section 1 1 : 01 and within three (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (73) days and after such hearing, a copy shall be forwarded decision as to whether the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension upheld, modified or discharge. Receipt of the written reasons revoked shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the rendered in writing bythe Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive be accompanied at the assistance hearing by a Union Grievance Committeeman and/or representative af the International Union if he so desires.
11.03 Within three (3) days following receipt of the Union Company's decision, the employee, may, if he considers that he has been unjustly discharged,file a written grievance commencing at Step No 2 of the Grievance Procedure which will be heard within three (3)days.
11.04 If the discharge isappealedto Arbitration, the Arbitrator will have full jurisdiction to uphold or reject the discharge or to reduce the discharge 'to a suspension and to fix the duration of the suspension. lfthe Arbitrator rejects the discharge or reduces it to a suspension, the employee shall be reinstated and paid for time lost since the date of discharge or for the period oftime not covered by doing so the suspension but in writing no case shall this period exceed 180 working days, to which shall be added any number of days that the Arbitration was delayed by request of the Company or from which shall be subtractedany number of daysthat the arbitration was delayed by request of the Union. Such payment shall be the difference between the amountof money actually received by the employee for work performed by him in advance or each week during the period that he was offwork due to discharge and the amount that he would have received for each such week for regularly scheduled work had he been continued at work in the job classification that he held at the time of his discharge. To the meeting. A copy extent of any adverse record time an employee is compensated by the Company in accordance with the provisions of the foregoing paragraph, he shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said filepaid Northern Allowance, C.O. L.A. , Holidays as provided for under Article 16, for which hewould have qualified had he not been discharged.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. 9.01 (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
9.01 (b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union OfficeUnion. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge All such cases shall be filed at Step No. 3 taken up within five (5) days from and disposed of within ten (10) days of the date the Union Office receives employee is notified of his discharge, except where a case is taken to arbitration. A claim by an employee, who has attained seniority, that he has been unjustly discharged from his employment, shall be treated as a grievance if a written statement of such grievance is lodged with the written reasons management within five (5) days after the employee ceases to work for the suspension or dischargeCompany. Receipt All preliminary steps of the written reasons shall grievance procedure prior to Step Number 3 will be proven by means of a facsimile confirmationomitted in such cases.
9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the Company’s management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's employee record regarding work performance or conduct, conduct unless the matter is first discussed with the employee in the presence of his Union union shop ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said fileUnion.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot A written warning notice shall be used in progressive discipline if stricken from an employee's record:
a) After six (6) months for employees with two (2) years or more continuous service.
b) After twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent for employees with lead hand responsibilities from giving directions to other bargaining unit membersless than two (2) years of service. Three warning notices for the same infraction within the above period shall be sufficient cause for disciplinary action.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained a seniority status, has employee that they have been discharged from his employment, the case may just cause shall be taken up treated as a grievance where and shall commence at Step of Article provided a written signed by the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop and their Department ▇▇▇▇▇▇▇ for a reasonable period of time before leaving is presented to the premisesHuman Resources Manager within three (3) days after the discharge. The Representative of Union will be permitted to attend meeting held pursuant thereto, with the The Union will not question the discharge of any probationary employee nor shall such discharge be the subject ofa grievance. A discharge or suspension grievance shall be referred to a single arbitrator. The Company shall notify the Union representative of the discharge of bargaining unit employees. Should the parties agree or should the satisfy the arbitrator a seniority employee has been discharged without proper cause, such employee shall be given written reasons for the discharge or suspension within seven (7) days reinstated as an employee without loss of seniority and a copy shall be forwarded compensated accordance with the provisions of Article hereof subject to right of the Union Officearbitrator to substitute other penalty for discharge as the arbitrator deems just and reasonable in all the circumstances. The employee shall also will be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of considered a probationary employee may until they have been employed by the Company for period of three (3) continuous calendar months. During such probationary period they will have seniority rights but once seniority is acquired it will be carried out for reasons less serious than what would regarded as having started the date upon such probationary period commenced. Notwithstanding any other provisions contained in this Collective Agreement, the termination of employmentof a probationary shall be justified for a non- probationary employee and may be carried out at the sole discretion of the Company at any time during the probationary periodCompany. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge There shall be filed at Step Noa seniority showing bargaining unit employees in order of seniority. 3 within five (5) days from Such list shall show the date employee's seniority and the Union Office receives department in which the written reasons for the suspension or dischargeemployee holds such seniority. Receipt of the written reasons Seniority lists shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just revised once every six (6) months and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be copies supplied to the employee and a copy Union. Subject to the provisions of this Agreement, seniority shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.department
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once In the event that an employee, who has attained seniority status, has been employee be discharged or suspended unjustly from his employmentor her employment after the date of execution of this Agreement, the case may be taken up as a grievance where the employee is of the opinion and believes that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension is in violation of the provisions of this Agreement, such discharge, or suspension, shall constitute a matter to be dealt with under the provisions of this Agreement respecting Grievance Procedures. Any such matter may be presented at the Third Stage of the Grievance Procedure within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from after the date the Union Office receives the written reasons for the suspension employee is notified of his discharge or dischargesuspension, and not otherwise. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the Companymanagement’s action in dismissing the employee, employee or by reinstating the employee with full compensation for time lost, lost or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties.
9.04 No discipline parties or the arbitrator. When an employee is being disciplined, either orally or in writing, it shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee done in the presence of his Union Departmental ▇▇▇▇▇▇▇ or some other Union official if the Union Business Agent▇▇▇▇▇▇▇ is not immediately available in the plant. The An employee may waive the assistance of the Union by doing so in writing in advance who has been discharged or at the time of the meeting. A copy of any adverse record immediately suspended from his or her job, shall be supplied permitted to discuss such discharge or suspension with his or her shop ▇▇▇▇▇▇▇ before leaving the employee and plant premises for a copy period of time not to exceed one hour. It is agreed that any written warning or reprimand shall be forwarded to the Union Officeremoved from an employee’s record after a period of six (6) months. Any written response by the employee and/or the Union It is agreed that any suspension shall be appended to such record and form part of said file.
9.05 Upon request by removed from an employee, that employee's ’s record after a period of twelve months. Seniority will be available for review determined by the employee, or a representative ’s length of continuous service in the bargaining unit. New employees in the service of the UnionCompany who have put in a period of two hundred and forty (240) hours of actual work, subject to reasonable notice being given will be considered as probationary, and will have no seniority during this period of two hundred and forty (240) hours of actual work. At this time they will be considered as regular employees, and their seniority will date from the time they were employed. For same day hires after the ratification date of this agreement, the Company will assign seniority ranking based on numerical order of the requestlast three digits of the employee’s SIN. In order to facilitate training and aid in integration, and arrangements being made new employees will not be permitted to bid on jobs for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) period of six months has elapsed from the their date of hire without the incident which gave rise permission of the Company. In all cases of promotion, demotion, lay off, recall and transfers to said prior discipline.
9.07 No higher paid jobs or better jobs with equal pay within the bargaining unit employee unit, the following factors shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.be considered
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once The Union acknowledges that the probationary period is a trial period within which management reserves the right to appraise new employees and that the sole fact that a new employee has not performed to the standards of an employee, who has attained approved employee is just cause for dismissal. A claim by an approved employee on the seniority status, list that he or she has been unjustly discharged or suspended from his employment, the case may or her employment shall be taken up treated as a grievance where if a written statement is lodged with the Manager within hours after the employee is ceases to work for the Company All preliminary steps of the opinion that his termination was without just cause.
(b) Where grievance procedure prior to Step No. will be omitted in such cases. When an employee has been is discharged or suspendedsuspended from employment, he shall have the right to interview his shop be given a letter of discharge or suspension stating reasons for same. The ▇▇▇▇▇▇▇ for and the Union office will be given a reasonable period of time before The discharged or suspended employee will be allowed to interview ▇▇▇▇▇▇▇, prior to leaving the premises. The employee shall be given written reasons for , provided the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ is on duty. If an employee so desires a ▇▇▇▇▇▇▇ will be present when an employee is given discipline above a verbal warning. Such special grievances may be settled by confirming the management's action in dismissing the employee or by reinstating the employee on a basis satisfactory to the conferring parties. If an employee feels is suffering a grievance should report the complaint in the same manner described in paragraph above. It is understood that the management may bring forward at any meeting held with the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of Grievance Committee any adverse record shall be supplied complaint with respect to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative conduct of the Union, subject its Officers, Committeemen or Stewards; and that if such complaint by management is not settled to reasonable notice being given the mutual satisfaction of the requestconferring parties, it may treated as a grievance and arrangements being made for a mutually convenient time for referred to arbitration in the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from same way as the date grievance of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit an employee. This shall not prevent The Company agrees to provide a copy of all notices of discipline given to employees with lead hand responsibilities from giving directions to other bargaining unit membersthe Chairperson.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. 9.01 Subject to 2.04 (a) Once an employee), who has attained seniority status, has been discharged from his employment, a claim by the case may be taken up as a grievance where the employee is of the opinion Union that his termination was without just cause.
(b) Where an employee has been unjustly discharged shall be treated as a special grievance if a written statement of such special grievance is lodged with the Director of Education or suspended, he designate by a member of the Union Committee or designate no later than ten (10) working days after the notification to the employee. The Employer shall have direct a letter to the right employee concerned and a copy thereof to interview his shop the Chief ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written stating its reasons for the any discharge or suspension within seven (7) days and a copy shall be forwarded to suspension. Despite the foregoing, the Union Office. The employee and the Employer agree that a lesser standard for discharging employees shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time apply during the an employee’s probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date A special meeting between the Union Office receives Committee and the written reasons for the suspension or discharge. Receipt Employer will be held within ten (10) working days of the written reasons shall be proven by means receipt of a facsimile confirmationsuch special grievance.
9.03 Grievances alleging unjust discharge Failing settlement of such special grievance under the foregoing procedure, the grievance may be referred to arbitration as provided for under Article 8. Such special grievance may be settled by confirming the CompanyEmployer’s action in dismissing the employee, or by reinstating the employee with full compensation for time lostor without compensation, or by any other arrangement, which in such a manner as is deemed just and equitable in the opinion of the conferring partiesparties or the arbitration board.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union The Chief ▇▇▇▇▇▇▇ or shall be notified on the Union Business Agent. The dismissal of an employee may waive the assistance and such notice will be mailed within one (1) day of the effective date of the dismissal. Verbal notice will be given to the Chief ▇▇▇▇▇▇▇, or Union by doing so in writing in advance or representative, on the day the employee is dismissed if a Union representative is not present at the time the employee is notified of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said filedismissal.
9.05 Upon request by If an employee has a 24 month period during which there was no disciplinary action against the said employee, that employee's record will be available for review by then the employee, or a representative ’s disciplinary record during the time prior to the commencement of the Union, subject to reasonable notice being given of said 24 month period shall not be used against the request, and arrangements being made for a mutually convenient time for the reviewemployee.
9.06 Prior discipline cannot An employee, shall, upon written request to the Director of Education or his/her designate be used granted the opportunity to view his or her complete personnel file in progressive discipline if twelve (12) months has elapsed from the date presence of the incident which gave rise to said prior disciplineManager of Human Resources or his/her designate.
9.07 No bargaining unit An employee who may be subject to discipline shall discipline another bargaining unit employeehave the right to Union representation. This shall not prevent employees with lead hand responsibilities from giving directions It is the Employer’s responsibility to other bargaining unit membersinform such employee of that right to representation.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a1) Once In the event of an employee, employee who has attained seniority statusbeing discharged from employment, and the employee alleges that an injustice has been discharged from his employmentdone, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just causegrievance.
(b2) Where Discharge of an employee has been discharged shall only be undertaken by a Department Head or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposesdesignated Director.
(c3) The Union acknowledges A claim by an employee, who has attained seniority, that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge he has been unjustly discharged from his employment shall be filed at Step No. 3 treated as a grievance if a written statement of such grievance is lodged with the Senior Director, Human Resource Services by the Union within five (5) working days from after the date the Union Office receives the written reasons employee ceases to work for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmationCorporation.
9.03 Grievances alleging unjust (4) A discharge or suspension grievance may be settled by confirming the Company’s management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring parties, or in the opinion of an Arbitration Board.
9.04 No discipline (5) Where any employee has been dismissed without notice, he shall be taken after ten (10) days have the right to interview a member of the date Executive Committee of the incident giving rise to Union for a reasonable time before leaving the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employeeCorporation's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his premises.
(6) The Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record Executive Officer shall be supplied advised and have the right to be present whenever the employee and Employer discharges, suspends or issues a copy shall be forwarded to written warning of offence or any disciplinary document intended for the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said filepersonnel-8fi-le.
9.05 Upon (7) An employee who has been the recipient of a Warning of Offence or on whose record a Derogatory Notation has been made, will have an opportunity to have such Warning of Offence or Derogatory Notation removed from his/her file in accordance with the following procedure: Such employee in excess of two year's service with the City , who has not received a Warning of Offence or caused a Derogatory Notation to be made on his record for two (2) consecutive years, may request by an employee, that employee's record will be available for a review by the employeeSenior Director, Human Resource Services. The Department Head and Senior Director, Human Resource Services may remove, at their option, any such Warning of Offence or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed Notation from the date of the incident which gave rise to said prior disciplineemployee's record.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once When an employeeemployee with seniority is requested to attend a conference in the Personnel Office for the purpose of discipline or is the subject of a written disciplinary warning, who has attained seniority statusdisciplinary layoff, or discharge, he will be informed of his right to request the presence of his plant Committeeperson before he is required to leave the plant premises or accept the written disciplinary warning or be subject to a recorded verbal warning. As soon as possible but not later than the second working day after a discharge or disciplinary layoff, notice thereof will be given the President of the Union or a Plant person. Any claim by an employee that he has been unjustly discharged or laid off from his employmentemployment shall be treated as a grievance, but a written statement of such grievance must be lodged by the employee with the Superintendent within three working days after the employee ceases to work for the Company. If the employee’s claim is found to be justified,: then he shall be reinstated in his employment with such compensation for time lost as may be agreed upon or determined by an Arbitrator at not more than his straight time rate and with no loss of seniority rights. With reference to disciplinary matters which normally require progressive discipline, the case may Company agrees that if an employee maintains disciplinary actions for a period oft we months, future recorded discipline recorded verbal warning. his record clear of (I II commence with a A Safety and Housekeeping six comprised of three Company appointees and three Union appointees shall be taken up as a grievance where the employee is formed and will meet monthly. Safety and housekeeping tours of the opinion that his termination was without just causeplant and warehouse shall be made at least quarterly by two committee representatives (one Union and one Company.
(b) The Company will, to the extent provided by Law, maintain sanitary arrangements throughout the plant, provide safety devices, and give proper attention to the elimination of any conditions of employment which are a hazard to the safety or health of the employee. Where the nature of the task assigned to an employee has been discharged requires the use of special equipment or suspendedspecial protective clothing, he shall have such special equipment and special protective clothing, such as goggles, gloves, aprons, dust cloths and rubber boots, will be provided by the Company. The Company will provide towards the cost of safety shoes one time only. The Company reserves the right to interview his shop ▇▇▇▇▇▇▇ formulate and publish from time to time rules and regulations regarding the use and operation of machine equipment and plant facilities and the conditions upon which special clothing is issued to employees. The Company agrees to maintain adequate for a reasonable female employees according to law. of the parties hereto that the employees are entitled to an equitable measure of security based upon length of service. The Company will continuously maintain accurate records of seniority of each employee, and such records shall be continuously available. A probationary period of time before leaving sixty days of work within a period of six consecutive months shall be established for new employees. At the premises. The expiration of the probationary period an employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion acquire seniority as of the date of his latest employment in the plant. During such probationary period the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory may suspend or in bad faith.
9.02 Any grievance relating to discharge an employee with just cause and a suspension or discharge shall not be filed at Step No. 3 within five (5) days from made the date basis of any claim or grievance against the Union Office receives the written reasons for the suspension or discharge. Receipt An employee shall lose his seniority standing and all rights and shall cease to be an employee of the written reasons Company and his name shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employeeremoved from all seniority lists, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.following reasons:
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once Section 1 - The employer agrees that employees shall not be discharged without cause from and after the date of this Agreement, but that in all instances in which the employer may conclude that an employee’s conduct may justify discharge, who has attained seniority status, has been discharged from his employment, such employee shall first be suspended. In all cases of suspension the case may be taken up as employer shall allow the suspended employee an opportunity to discuss the suspension with a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ before being required to leave the property of the employer. Such initial suspension shall be for not more than three (3) regularly scheduled working days. In the event the suspension is converted into a reasonable discharge, such discharge shall not be made until the end of said three (3) day period. During the period of time before leaving the premisesinitial suspension, if the employee believes that the suspension was unjust, the employee may request a hearing in a meeting with the Union’s Grievance Committee, the immediate supervisor and the department head. The After such hearing, or if no such hearing is requested the department head shall decide, dependent upon the facts of the case, whether the suspension without pay already given is considered sufficient, should be extended, should be converted into a discharge or that no discipline should have been given. In the event the employee believes that the discipline was unjust, it shall be given written reasons a proper subject for the discharge or suspension within seven (7) days and grievance procedure, provided a copy shall be forwarded written grievance with respect thereto is presented to the Union Office. The employee shall also be given Director of Human Resources pursuant to Step Two of the appropriate documents for employment insurance purposesgrievance procedure within two (2) working days after the department head makes a decision as set forth above.
(ca) The Union acknowledges that employer agrees to promptly notify the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union union ▇▇▇▇▇▇▇ of such suspension or discharge.
(b) It is understood and agreed that when a suspended or discharged employee files a grievance with respect to the Union Business Agent. The employee may waive suspension or discharge the assistance act of filing such grievance shall constitute an authorization to the employer to reveal to the participants in the grievance procedure upon written request any and all pertinent information used by the employer to justify the discharge or suspension and such filing shall further constitute a release of the Union employer, by doing so in writing in advance the discharged or suspended employee, from any and all claimed liability by reason of such disclosure.
Section 2 - In the event it should be decided under the grievance procedure that the employee was unjustly discharged or suspended, the employer shall reinstate such employee and pay full compensation, partial or no compensation as may be decided under the grievance procedure, which compensation, if any, shall be at the time rate of the meeting. A copy of any adverse record shall be supplied to employee’s straight time earnings during the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from pay period immediately preceding the date of the incident which gave rise to said prior disciplinedischarge, less such straight time compensation as the employee may have earned at other employment during such period.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Labor Agreement
DISCHARGE CASES. (a) Once 9.01 In the event of an employee, who has attained seniority statusseniority, has been being discharged from his employmentemployment and the employee feeling that the discharge is without cause, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he grievance. The Company shall have the right to interview his shop ▇▇▇▇▇▇▇ release any employee for a reasonable any reason, during his/her probationary period of time before leaving the premises. The and such employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded have no recourse to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faithprocedure.
9.02 Any grievance relating to a suspension or discharge A claim by an employee, who has attained seniority, that he/she has been unjustly discharged from his/her employment shall be filed at treated as a grievance if a written statement of such grievance, signed by the employee, is lodged with Management within three (3) working days after the employee is notified of his/her discharge. All preliminary steps of the grievance procedure prior to Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall will be proven by means of a facsimile confirmationomitted in such cases.
9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the Company’s Management's action in dismissing the employee, or by reinstating the employee in his/her former position with full compensation for time lost, or by any other arrangement, arrangement which is just and equitable in the opinion of the conferring partiesparties or of the Board of Arbitration, as the case may be.
9.04 No discipline shall be (a) Any disciplinary action taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on and noted in an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by removed from the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve 's record twenty-four (1224) months has elapsed from the date of the incident which gave rise to said prior disciplinedisciplinary notation.
9.07 No bargaining unit 9.05 An employee shall be accompanied by a committeeperson for an investigatory meeting which may lead to discipline, or a meeting where discipline another bargaining unit is to be provided. The committeeperson shall attend the meeting without loss of wages. Employees will not have disciplinary meetings without union representation. Such disciplinary meeting shall normally take place during the employee’s scheduled shift. This If the issue requires an immediate meeting, he/she may be called in at a time he/she is not scheduled. If the employee requests to meet for a reasonable period of time with the Union Committee member after the initial meeting has concluded, such request will not be unreasonably denied. When it is known that discipline is to be administered, the reason(s) for the discipline shall not prevent employees with lead hand responsibilities from giving directions be communicated during the meeting and confirmed in writing to other bargaining unit membersthe employee afterwards. The time limits for filing a grievance as per Article 8 shall commence when the written confirmation of discipline is received.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once In the event an employee, who has attained seniority status, employee shall be discharged from employ- ment and believes he has been discharged from his employmentunjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided under the rules of this Agreement that an injustice has been done the employee with regard to the discharge, the Company agrees to reinstate such employee with regard to the discharge and pay full compensation at his prevailing rate for the time lost. In case may of any such discharge the Company must be notified of the claim of the alleged wrongful discharge in writing and dated within working days, and the case shall be taken up promptly and diligent efforts made to dispose of it within eight working days. It is understood that an employee who is absent from work for six consecutive working days without having notified the Company of the reason for such absence will be properly considered as a having terminated his employment with the Company. This is subject to grievance where procedure. Upon being notified of his discharge, it shall be the duty of the employee is to leave his department and to go the employ- ment office. The Chairman of the opinion that Grievance Committee or his termination was without just cause.
(b) Where an deputy shall be immediately notified and he and one other member of the Grievance Committee shall be given the opportunity to review such discharge case with the employee has been and others before the records in the department are closed. At the request of the Union any discharged employee may attend the third step grievance meeting at which his dis- charge is being considered. In such event the grievance meeting will be held at a neutral location with expenses, if any, to be shared equally between the parties. The Company agrees to discuss any proposed disciplinary suspension with a union representative before taking such action, except in cases when the event occurs on the afternoon or suspended, he shall have the right to interview his shop night shift and no ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premisesis present. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of In such cases the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed will meet promptly with the employee in union on the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said filenext working day.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Bargaining Agreement
DISCHARGE CASES. (a) Once an employee, who has attained A claim by a seniority status, employee that he has been discharged from his employment, the case may without proper cause shall be taken up treated as a grievance where and shall commence at Step 2 of Article provided a written grievance signed by the employee is of the opinion that and his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop department ▇▇▇▇▇▇▇ for a reasonable period of time before leaving is presented to the premisesVice President, Human Resources within days after discharge. The International Representative of the Union will be permitted to attend the meeting held pursuant thereto, with the Vice-President of Human Resources. The Union will not question the discharge of any probationary employee nor shah such discharge be the subject of a grievance. Should the parties agree or should the arbitration board determine that a seniority employee has been discharged without proper cause, such employee shall be given written reasons reinstated as an employee without loss of seniority and shall be compensated in accordance with the provisions of Article hereof. In the event that a grievance is lodged in accordance with the provisions of this Article the employee will be permitted to contin- ue, at his own expense, his protection under the Group Insurance Plans Appendix by paying the necessary premiums to the Company as fol- lows: within five days of discharge the amount of premium to maintain coverage for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion balance of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrarymonth, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing thereafter month- ly in advance or at until the time of the meeting. A copy of any adverse record shall be supplied issue is resolved, but not to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if exceed twelve (12) months has elapsed from the date of discharge. In the incident event an employee fails to make the necessary payment in advance, his coverage shall lapse. If the employee is reinstated by the board of arbitration and the Company is ordered to reimburse him for the earnings lost, he will also be reimbursed payments which gave rise he has made to said prior disciplinesuch plans. The Company and the Union agree that the provisions of the Letter of Understanding found at the end of the Collective Agreement, titled Human Rights and Sexual and Racial Harassment”, shall form part of and be incorporated into this Collective Agreement.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, An employee who has attained seniority status, is discharged shall be so notified in writing by the Company. If the employee considers he has been discharged from for other than just and reasonable cause he may request a hearing with the Department Head, or his employment, the case may designated representative within forty-eight (48) hours of receipt of such notice of discharge. A hearing will be taken up as a grievance where the employee is held within three (3) days following receipt of the opinion that his termination was without just cause.
request referred to in Section and within three (b3) Where an employee has been discharged days after such hearing, a decision as to whether the discharge shall be upheld, modified or suspended, he shall have be rendered in writing by the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premisesCompany. The employee shall may be given written reasons for accompanied at the discharge or suspension within seven hearing by a Union Grievance Committeeman representative of the International Union if he so desires. Within three (73) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion following receipt of the Company at any time during Company’s decision, the probationary period. The employee, may, if he consi- ders that he has been unjustly discharged, file a writ- ten grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed commencing at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons Griev- ance Procedure which will be heard within three (3) days. If the discharge is appealed to Arbitration, the Arbitrator will have full jurisdiction to uphold or reject the discharge or to reduce the discharge to a suspension and to fix the duration of the suspension. If the Ar- bitrator rejects the discharge or reduces it to a suspen- sion, the employee shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation reinstated and paid for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of lost since the date of discharge or for the incident giving rise period of time not covered by the suspension but in no case shall this period exceed working days, to which shall be added any number of days that the discipline or the date on which Arbitration was delayed by request of the Company could reasonably have become aware or from which shall be subtracted any number of days that ar- bitration was delayed by request of the incident, whichever is laterUnion. Furthermore, no entry Such payment shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with difference between the amount of money actually received by the employee for work performed by him in each week during the presence of his Union ▇▇▇▇▇▇▇ or period that he was off work due to discharge and the Union Business Agent. The employee may waive the assistance of the Union by doing so amount that he would have received for each such week for regularly scheduled work had he been continued at work in writing in advance or job classification that he held at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.his dis-
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case 7.01 It is recognized that probationary employees may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out released for reasons less serious than what would be justified for in the case of the discharge of an employee who has completed his/her probationary period and, accordingly, the release of a non- probationary employee will not be subject to the grievance procedure. A claim by an employee who has completed his/her probationary period that he/she has been discharged without just and may sufficient cause shall be carried out at the discretion treated as a grievance if written statement of such grievance is lodged with the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 Stage #2 within five ten (510) days from after the date the Union Office receives the written reasons for the suspension or dischargeemployee is discharged. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge Such special grievance may be settled by confirming the conferring parties under the grievance procedure or by an arbitrator by:
(a) Confirming the Company’s action in dismissing the employee, or by reinstating with full ;
(b) Reinstating the employee without compensation for time lost, lost or with payment to him/her for time lost due to the discharge at his/her regular rate of pay for his/her normally scheduled work for the period the employee would otherwise have worked less any amount of money earned by the employee during the period;
(c) By any other arrangement, arrangement which may be deemed just. The Company shall give the discharged employee the reasons for his/her discharge in writing at the time of discharge or within a reasonable period of time and shall provide a copy to the Union and the Chief ▇▇▇▇▇▇▇.
7.02 Any employee of who is disciplined shall be provided with written reasons for the discipline at the time the discipline is imposed or within a reasonable period of time and a copy will be provided to the Union and the Chief ▇▇▇▇▇▇▇. An employee who believes such discipline is without just and equitable sufficient cause may file a grievance in the opinion of the conferring partiesaccordance with Article 6.
9.04 7.03 No discipline discussion shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on held with an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence respect to written disciplinary action, including confirmation of his verbal reprimand or discharge without a Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the employee’s choice or in his absence another Union ▇▇▇▇▇▇▇. Should no Union ▇▇▇▇▇▇▇ be available, a bargaining unit employee on shift may be chosen by doing so the employee to be present during the meeting. Should the employee not choose a Union ▇▇▇▇▇▇▇, the Company shall assign an available Union ▇▇▇▇▇▇▇ to attend the meeting.
7.04 The Company shall take disciplinary action against any employee within fourteen (14) calendar days of the incident or within fourteen (14) calendar days of the date of which management becomes aware of the incident. In the event the employee is not working on the fourteenth (14) day of this period, such period shall be extended to include the employee’s return day.
7.05 When the Company evokes discipline upon an employee, such discipline shall be evoked in writing a private setting away from customers and staff and no employee shall be belittled or threatened in advance or at any manner during the time course of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, (a) All written notices of discipline that employee's record will be available for review by the employee, or a representative of the Union, subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 Prior discipline cannot be used in progressive discipline if are twelve (12) months has elapsed from the date of the incident which gave rise to said prior discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This old shall not prevent employees with lead hand responsibilities from giving directions thereafter form part of an employee's record and shall not be admissible in evidence at arbitration. It is understood that this provision does not apply to other bargaining unit memberssuspensions;
(b) All suspensions that are more than twenty-four (24) months old shall not thereafter form part of an employee's record and shall not be admissible in evidence at arbitration.
Appears in 1 contract
Sources: Collective Agreement
DISCHARGE CASES. (a) Once an employee, who has attained seniority statusattainedsenioritystatus, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) . Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within suspensionwithin seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) . The Union acknowledges that acknowledgesthat the dismissal of a probationary employee may be carried out carriedout for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 . Any grievance relating to relatingto a suspension or discharge shall dischargeshall be filed at Step No. 3 within five (5) days 5)days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of Receiptof the written reasons shall reasonsshall be proven by means of a facsimile confirmation.
9.03 . Grievances alleging unjust discharge may be settled by confirming the Company’s 's action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or Stewardor the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meetingAgent if his presence is requested. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 . Upon request by an employee, that employee's record will be available for review by the employee, or a representative of the UnionUnion (if so requested by the employee), subject to reasonable notice being given of the request, and arrangements being made for a mutually convenient time for the review.
9.06 . Prior discipline cannot be used in progressive discipline progressivediscipline if twelve nine (129) months has elapsed from the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all previous like or similar discipline may be referred to. At no time shall the Company be to rely on any discipline which occurred eighteen (18) months prior to the date of the incidentgiving riseto the current discipline.
9.07 No bargaining unit employee shall discipline another bargaining unit employee. This shall not prevent employees with lead hand responsibilities from giving directions to other bargaining unit members.
Appears in 1 contract
Sources: Collective Agreement