Common use of Discharge or Disciplinary Action Clause in Contracts

Discharge or Disciplinary Action. Subject to any rights described in Article 7, Grievance and Arbitration, and/or Article 8, Discipline and Discharge, above, any employee shall be subject to an immediate discharge without notice for any of the following reasons: (a) Physical assault or threat of imminent physical violence; (b) Proven attempted theft or theft, or embezzlement; (c) Under the influence of liquor or controlled substances such as marijuana except where employee is using drugs under the direction of his or her own physician; (d) Insubordination which is defined as a refusal to obey an order or work assignment of a supervisor; (e) Sleeping while on duty or absenting one’s self without leave from the customary place of his or her work assignment; (f) Causing, through negligence, the destruction of the Employer’s property, if proven; (g) Precipitating or participating in a strike or unlawful work stoppage in violation of the terms of this Agreement; (h) Ringing the time clock for another employee or permitting your card to be punched by another employee; (i) Engaging in behavior which involves the willful infliction of abuse in the form of punishment, physical harm, pain, mental anguish or deprivation as defined in 42 CFR Section 483.13(b) revised October 1, 1997; (j) Failure to report to your supervisor or Employee Health Department that you have a known communicable disease; (k) Possession of a dangerous weapon, excluding tools of the job on the Employer’s property; (1) Deliberate falsification or misrepresentation of employment application or pre-employment medical history prepared prior to or after employment. The parties agree that the above list is not intended to be all inclusive.

Discharge or Disciplinary Action. Subject to any rights described in Article 7, Grievance and Arbitration, and/or Article 8, Discipline and Discharge, above, any Any employee shall be subject to an immediate discharge without notice for any of the following reasons: (a) Physical assault or threat of imminent physical violence; (b) Proven attempted theft or theft, or embezzlement; (c) Under the influence of liquor or controlled substances such as marijuana except where employee is using drugs under the direction of his or her own physicianphysician – See Appendix A; (d) Insubordination which is defined as a refusal to obey an order or work assignment of a supervisor; (e) Sleeping while on duty or absenting one’s self without leave from the customary place of his or her work assignmentassignment or taking unauthorized breaks from work; (f) Causing, through negligence, the destruction of the Employer’s property, if proven; (g) Precipitating or participating in a strike or unlawful work stoppage in violation of the terms of this Agreement; (h) Ringing the time clock for another employee or permitting your card to be punched used by another employeeemployee or any other time-keeping misconduct; (i) Engaging in behavior which involves the willful infliction of abuse in the form of punishment, physical harm, pain, mental anguish or deprivation as defined in 42 CFR Section 483.13(b) revised October 1, 1997; (j) Failure to report to your supervisor or Employee Health Department that you have a known communicable disease; (k) Possession of a dangerous weapon, excluding tools of the job on the Employer’s property; (1l) Deliberate falsification or misrepresentation of employment application or pre-employment medical history any documentation prepared prior to or after employment. The parties agree that ; (m) Violate the above list is not intended to be all inclusiveHealth Insurance Portability or Accountability Act (HIPAA).