Common use of DISCHARGE OR DISCIPLINE CASES Clause in Contracts

DISCHARGE OR DISCIPLINE CASES. A claim by a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working days after the discharge. Such special grievance shall be dealt with at Step and the balance of the grievance procedure. Such five (5) working day time limit shall be extended only where it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine (9) working days, a total of twelve (12) working days from the date of discharge. Should the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health Pian, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. Each employee shall be provided in writing with any notation of or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven (7) calendar days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. An employee involved in disciplinary action or discharge being taken against the employee will have a ▇▇▇▇▇▇▇ present at the time of the disciplinary action or discharge. Upon written notice, submitted at least one (1) working day in advance, to Executive Officer of Human Resources, a member Union representative shall have access to personnel file, as well as photocopies of any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) years.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE OR DISCIPLINE CASES. A claim by a seniority 10:01 The Company agrees that any such discipline administered will be for just cause. Discipline and/or discharges will specify in writing which Company rules and/or Articles have been violated. Any employee that the employee who has been unjustly completed his/her probationary period who is discharged shall be treated as or disciplined, may file a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working days after the discharge. Such special grievance shall be dealt with at Step and the balance of the grievance procedure. Such five (5) working day time limit shall days alleging that his/her discharge or discipline was not for just cause. No discharge or discipline grievance will be extended only where considered if it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine not filed within five (9) working days, a total of twelve (125) working days from of the date discharge or discipline. All such grievances shall be filed in writing to Human Resources or his/her designate at Step No. 2 of dischargethe Grievance Procedure and will be administered consistent with Article 8 accordingly. Should All other provisions of Art. 8 will continue to apply in such cases. 10:02 The employment of any employee who has not completed his/her probationary period may be terminated at the parties agree discretion of Management. A probationary employee may file a grievance alleging that the Company’s exercise of discretion was not in good faith. 10:03 An employee who is called before a representative of Management for a disciplinary interview or should discharge will have a Union Representative present. Prior to the Board commencement of Arbitration determine that an a disciplinary interview, the Company will inform the appropriate Union Representative of the reason for such interview. 10:04 Where a seniority employee has been unjustly disciplined discharged or discharged such employee suspended, he/she shall be reinstated in allowed the former position, without loss opportunity of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health Pian, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. Each employee shall be provided in writing meeting with any notation of or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven (7) calendar days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. An employee involved in disciplinary action or discharge being taken against the employee will have a his/her ▇▇▇▇▇▇▇ present ▇, Vice Chairperson, Plant Chairperson or Union Alternate in private for a reasonable period of time, not exceeding thirty (30) minutes prior to leaving the Company premises. This shall not apply if it is necessary to immediately remove an employee to protect other employees or Company Property at the time discretion of the disciplinary action or dischargeCompany. Upon written notice, submitted at least one (1) working day in advance, In the situations where it is necessary to Executive Officer of Human Resources, a member Union representative shall have access to personnel file, as well as photocopies of any material contained therein. Any written communication with immediately remove an employee concerning derogatory or disciplinary action shall be removed from the Company Property, the Union may file a grievance on the employee's file if there has been no further incident ’s behalf consistent with said the time limits stated in 10:01. 10:05 In applying discipline for repeated infractions of Company rules, the Company will not take into account any offenses which occurred earlier than the employees previous twelve (12) months of active employment. 10:06 In cases of absenteeism or lateness, discipline must be initiated within five (5) employee after a period working days and disposition administered within 10 employee working days of two (2) yearsthe last occurrence. 10:07 For the purpose of applying time limits in this Article, working days does not include Saturdays, Sundays or Holidays and any declared Plant Shutdown.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE CASES. ‌ 11.01 A claim by a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working 5) working days after the discharge. Such special grievance shall be dealt with at Step No.2 and the balance of the grievance procedure. Such five (5) working day time limit shall be extended only where it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine (9) working days, i.e. a total of twelve (12) working days from the date of discharge. . 11.02 Should the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health PianPlan, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. . (A) Each employee shall be provided in writing with any notation of derogatory or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven ten (710) calendar working days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. . (B) An employee involved in disciplinary action or discharge being taken against the employee will may have a ▇▇▇▇▇▇▇ present at the time of the disciplinary action or discharge. Upon written noticeIn the event an employee declines Union representation, submitted at least one (1) working day the employee will be required to sign a declaration indicating this. The declaration will be filed in advance, to Executive Officer the employee’s personnel file. Where there is a question of Human Resourcesrepresentation by the member, a member Union representative shall have access copy would be provided to personnel file, as well as photocopies of any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) yearsUnion.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE OR DISCIPLINE CASES. 11.01 A claim by a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working 5) working days after the discharge. Such special grievance shall be dealt with at Step No.2 and the balance of the grievance procedure. Such five (5) working day time limit shall be extended only where it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine (9) working days, i.e. a total of twelve (12) working days from the date of discharge. . 11.02 Should the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health PianPlan, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. . (A) Each employee shall be provided in writing with any notation of derogatory or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven ten (710) calendar working days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. . (B) An employee involved in disciplinary action or discharge being taken against the employee will may have a ▇▇▇▇▇▇▇ present at the time of the disciplinary action or discharge. Upon written noticeIn the event an employee declines Union representation, submitted at least one (1) working day the employee will be required to sign a declaration indicating this. The declaration will be filed in advance, to Executive Officer the employee’s personnel file. Where there is a question of Human Resourcesrepresentation by the member, a member Union representative shall have access copy would be provided to personnel file, as well as photocopies of any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) yearsUnion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE CASES. 11.01 A claim by a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working 5) working days after the discharge. Such special grievance shall be dealt with at Step No.2 and the balance of the grievance procedure. Such five (5) working day time limit shall be extended only where it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine (9) working days, i.e. a total of twelve (12) working days from the date of discharge. . 11.02 Should the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and wages. Any applicable premiums lost including benefit premium contributions owed will be administered in accordance with the Board's contributions on behalf of the employee to Extended Health Pian, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. Trust. (A) Each employee shall be provided in writing with any notation of derogatory or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven ten (710) calendar working days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. Where it is not possible to provide the employee this notice within ten (10) working days of the discovery of the occurrence giving rise to the action, the Union President will be notified in writing. (B) An employee involved in disciplinary action or discharge being taken against the employee will may have a ▇▇▇▇▇▇▇ present at the time of the disciplinary action or discharge. In the event an employee declines Union representation, the employee will be required to sign a declaration indicating this. The declaration will be filed in the employee’s personnel file. Where there is a question of representation by the member, a copy would be provided to the Union. 11.04 (A) - Access to Personnel File Upon written notice, submitted at least one (1) working day in advance, to Executive Officer the Manager of Human Resources, a member and/or his/her Union representative shall have access to his/her personnel file, as well as photocopies of any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) years.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE OR DISCIPLINE CASES. 11.01 A claim by a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working 5) working days after the discharge. Such special grievance shall be dealt with at Step No.2 and the balance of the grievance procedure. Such five (5) working day time limit shall be extended only where it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine (9) working days, i.e. a total of twelve (12) working days from the date of discharge. . 11.02 Should the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health PianPlan, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. . (A) Each employee shall be provided in writing with any notation of derogatory or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven (7) calendar days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. . (B) An employee involved in disciplinary action or discharge being taken against the employee will have a ▇▇▇▇▇▇▇ present at the time of the disciplinary action or discharge. Upon written notice, submitted at least one (1) working day in advance, to Executive Officer of Human Resources, a member Union representative shall have access to personnel file, as well as photocopies of any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) years.

Appears in 1 contract

Sources: Collective Agreement

DISCHARGE OR DISCIPLINE CASES. A claim by 10:01 The Company agrees that any such discipline admin- istered will be for just cause. Discipline and/or discharges will specify in writing which Company rules and/or Articles have been violated. Any employee who has completed his/her proba- tionary period who is discharged or disciplined, may file a seniority employee that the employee has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources griev- ance within five (5)working days after the discharge. Such special grievance shall be dealt with at Step and the balance of the grievance procedure. Such five (5) working day time limit days alleging that his/her discharge or discipline was not for just cause. No discharge or discipline grievance will be considered if it is not filed within five (5) work- ing days of the discharge or discipline. All such grievances shall be extended only filed in writing to Human Resources or his/her designate at Step No. 2 of the Grievance Procedure and will be administered consistent with Article 8 accordingly. All other provisions of Art. 8 will continue to apply in such cases. 10:02 The employment of any employee who has not com- pleted his/her probationary period may be terminated at the discretion of Management. A probationary employee may file a grievance alleging that the Company’s exercise of discretion was not in good faith. 10:03 An employee who is called before a representative of Management for a disciplinary interview or discharge will have a Union representative present. Prior to the commencement of a disciplinary interview, the Company will inform the appropriate Union Representative of the reason for such interview. The Company will not discuss the issue with the employee prior to the disciplinary interview. a) Where a seniority employee has been discharged or sus- pended, he/she shall be allowed the opportunity of meeting with his/her ▇▇▇▇▇▇▇, Vice Chairperson, Plant Chairperson or Union Alternate in private for a reasonable period of time, not exceeding thirty (30) minutes prior to leaving the Company premises. This shall not apply if it is necessary to immediately remove an employee to protect other employ- ees or Company Property at the discretion of the Compa- ny. In the situations where it is physically impossible for necessary to immediately remove an employee from the Company Property, the Union reserves the right to file a grievance on the employ- ee’s behalf consistent with the time limits stated in 10:01. b) Suspensions Pending Company Investigation -When a seniority employee has been suspended from work pend- ing the completion of the Company's investigation, the Company, in such cases, will make every reasonable at- tempt to comply, for example where issue a disposition on the employee is confined to jail or hospital. In no event shall such extensions exceed nine matter within five (9) working days, a total of twelve (125) working days from the date of dischargethe disciplinary interview. Should This will not in any way limit the parties agree or should the Board of Arbitration determine that an employee has been unjustly disciplined or discharged such employee shall be reinstated in the former position, without loss of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf rights of the employee Company to Extended Health Pian, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. Each employee shall be provided in writing with any notation of or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven (7) calendar days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. An employee involved in disciplinary action or discharge being taken against the employee will have a ▇▇disci- ▇▇▇▇▇ present at or discharge the time employee should the disposition not be issued within the five (5) days noted above. 10:05 In applying discipline for repeated infractions of Com- pany rules, the Company will not take into account any offenses which occurred earlier than the employees previous twelve (12) months of active employment. 10:06 All discipline must be initiated within five (5) employee working days and disposition administered within ten (10) em- ployee working days of the disciplinary action last occurrence, however, the parties agree that if the investigation of circumstances surrounding discipline require additional time, these time limits will be ex- tended. 10:07 For the purpose of applying time limits in this Article, working days does not include Saturdays, Sundays or discharge. Upon written notice, submitted at least one (1) working day in advance, to Executive Officer of Human Resources, a member Union representative shall have access to personnel file, as well as photocopies of Holidays and any material contained therein. Any written communication with an employee concerning derogatory or disciplinary action shall be removed from the employee's file if there has been no further incident with said employee after a period of two (2) yearsdeclared Plant Shutdown.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE CASES. A claim by a seniority 10:01 The Company agrees that any such discipline administered will be for just cause. Discipline and/or discharges will specify in writing which Company rules and/or Articles have been violated. Any employee that the employee who has been unjustly completed his/her probationary period who is discharged shall be treated as or disciplined, may file a grievance if a written statement of such grievance is lodged with the Executive Officer of Human Resources within five (5)working days after the discharge. Such special grievance shall be dealt with at Step and the balance of the grievance procedure. Such five (5) working day time limit shall days alleging that his/her discharge or discipline was not for just cause. No discharge or discipline grievance will be extended only where considered if it is physically impossible for the employee to comply, for example where the employee is confined to jail or hospital. In no event shall such extensions exceed nine not filed within five (9) working days, a total of twelve (125) working days from of the date discharge or discipline. All such grievances shall be filed in writing to Human Resources or his/her designate at Step No. 2 of dischargethe grievance Procedure and will be administered consistent with Article 8 accordingly. Should All other provisions of Art.8 will continue to apply in such cases. 10:02 The employment of any employee who has not completed his/her probationary period may be terminated at the parties agree discretion of Management. A probationary employee may file a grievance alleging that the Company's exercise of discretion was not in good faith. 10:03 An employee who is called before a representative of Management for a disciplinary interview or should discharge will have a Union Representative present. Prior to a disciplinary interview, the Board Company will inform the appropriate Union Representative of Arbitration determine that an the reason for such interview. The Company will not discuss the issue with the employee prior to the disciplinary interview. a) Where a seniority employee has been unjustly disciplined discharged or discharged such employee suspended, he/she shall be reinstated in allowed the former position, without loss opportunity of seniority, and shall be compensated for all regular straight time wages and applicable premiums lost including the Board's contributions on behalf of the employee to Extended Health Pian, Employer Health Tax and Dental Plan provided the employee pays premiums for the interim period less any monies which the employee earned or could reasonably have earned, in the interim or by any other decision which is just and equitable in the circumstances. Each employee shall be provided in writing meeting with any notation of or disciplinary action, which is to be placed on the employee's employment record. Such notice shall be given to the employee within seven (7) calendar days of the discovery of the occurrence giving rise to the action and such notice will be acknowledged by the employee by signed receipt. The Union Representative, as designated by the Union, present shall sign as a witness and receive a copy of the document. An employee involved in disciplinary action or discharge being taken against the employee will have a his/her ▇▇▇▇▇▇▇ present ▇, Vice Chairperson, Plant Chairperson or Union Alternate in private for a reasonable period of time, not exceeding thirty (30) minutes prior to leaving the Company premises. This shall not apply if it is necessary to immediately remove an employee to protect other employees or Company Property at the time discretion of the disciplinary action or dischargeCompany. Upon written notice, submitted at least one (1) working day in advance, In the situations where it is necessary to Executive Officer of Human Resources, a member Union representative shall have access to personnel file, as well as photocopies of any material contained therein. Any written communication with immediately remove an employee concerning derogatory or disciplinary action shall be removed from the Company Property, the Union Reserves the right to file a grievance on the employee's file if there behalf consistent with the time limits stated in 10:01. b) Suspensions Pending Company Investigation -When a seniority employee has been no further incident with said employee after suspended from work pending the completion of the Company's investigation, the Company, in such cases, will make every reasonable attempt to issue a period of two (2) years.disposition on the matter within five

Appears in 1 contract

Sources: Collective Bargaining Agreement