DISCIPLINE AND DISCHARGE Sample Clauses
The Discipline and Discharge clause outlines the procedures and standards an employer must follow when addressing employee misconduct or performance issues, including the potential for termination. Typically, this clause details the steps of progressive discipline, such as verbal and written warnings, suspensions, and the conditions under which an employee may be dismissed. Its core function is to ensure fairness and consistency in handling disciplinary matters, protecting both the employer and employee by providing clear guidelines and reducing the risk of arbitrary or wrongful termination.
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DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure.
Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice.
Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing.
Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be ...
DISCIPLINE AND DISCHARGE. B.6.1 If the Employer requires an Employee to meet with his/her Supervisor or designate in order to formally investigate the professional conduct of the Employee or in order to receive a written reprimand, suspension or discharge, the Supervisor will inform the Employee that he/she has the right to have a Bargaining Unit representative present. The Employee has a right to refuse Bargaining Unit representation. If the Employee elects to have Bargaining Unit representation, no discussion of the issues will take place until the Bargaining Unit representative is present in a timely fashion.
B.6.2 The Bargaining Unit Grievance Committee shall receive a copy of any written reprimand given to an Employee resulting from a meeting at which a representative of the Bargaining Unit has been present.
B.6.3 In determining the disciplinary action to be taken against an Employee, the Employer will take into consideration the Employee's record and the lapse of time since the last disciplinary action.
6.3.1 During the probationary period, the Employer shall have the right to discipline, demote, discharge or layoff a probationary new Employee. The new Employee shall have recourse to the Grievance Procedures. It is understood by the parties, for the purpose of discipline, a lesser standard of just cause may apply to a probationary Employee than to an Employee who has completed his/her probationary period.
B.6.4 An Employee shall receive a copy of any written reprimand.
B.6.5 A claim of discharge without just cause by an Employee shall be treated as a grievance if a written statement of such grievance is lodged with the person designated by the Employer within fifteen (15) working days following written notification of the discharge to the Employee from the Employer. All preliminary steps of the Grievance Procedures prior to Step 2 will be omitted in such case.
B.6.6 The Employer shall not discipline or discharge an Employee without just cause.
B.6.7 In any matter of discipline or discharge, an Employee shall be advised in writing of his/her right to Bargaining Unit representation.
DISCIPLINE AND DISCHARGE. 36.1 A newly hired police patrol officer serving an entry level probationary period shall have no right to appeal his or her discipline or discharge under this Agreement.
36.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any employee, except an entry-level probationary employee, who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code of Ordinances, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedure.
36.3 In the event disciplinary action more punitive than a written reprimand is recommended or considered by the Chief of Police, the Chief of Police shall provide the employee with written notice that includes: A scheduled meeting date no less than five (5) calendar days after such delivery of the notice and an opportunity to respond orally or in writing on or before the meeting date. The written notice will be considered to be delivered upon personal delivery to the employee or, if served by mail, one (1) day after the statement has been mailed by FedEx Standard Overnight mail to the employee. When an employee is off duty including on approved leave whether it be vacation, injury or any other form of approved leave, the employee shall not be served personally but shall be served by FedEx Standard Overnight mail.
36.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step three of the grievance procedure within seven (7) days of the date of the action.
36.5 Any employee who is the subject of a citizen's written complaint, on a matter which is not of a criminal nature, filed with the Internal Affairs Office shall be provided with a copy of the complaint in writing as soon as possible and he/she shall respond, if requested, within forty-eight (48) hours. Such an employee shall not be required to submit to interrogation regarding such complaint upon less than forty-eight (48) hours' notice, subsequent to the officer's receipt of the complaint. Nothing contained herein, however, shall preclude an officer from voluntarily discussing a complaint at any time. Upon final resolution of such investigation, the employ...
DISCIPLINE AND DISCHARGE. Section 1 No employee shall be discharged, suspended or otherwise subject to corrective action except for just cause. Ordinarily, corrective action will be issued within fourteen (14) calendar days of the date of the incident on which the action is based. Copies of all written warnings and notices of suspension or discharge shall be furnished to the employee. An employee shall have the right, upon request, to have a Union ▇▇▇▇▇▇▇ present during any disciplinary action. In the event a Union ▇▇▇▇▇▇▇ is not available an employee, upon request, shall be allowed to have another Union Member present who is not currently a ▇▇▇▇▇▇▇ or Union Officer. No corrective action will be placed in an employee’s personnel file that the employee was not made aware of.
Section 2 Employees covered by this Agreement electing to resign or quit their employment will give THE HOSPITAL two (2) weeks written notice during which time the employee shall continue to work. An employee terminated by THE HOSPITAL shall be given two (2) weeks’ notice of termination, or THE HOSPITAL may, in lieu thereof, pay the employee two (2) weeks advance salary and immediately terminate the employment of the employee. Provided, however, that neither two weeks’ notice nor two weeks’ pay shall be required when the employee has been discharged for just cause. Payment of PTO to employees giving proper notice of resignation or retirement will be made consistent with THE HOSPITAL’s PTO policy.
Section 3 If the employee fails to report for work as scheduled, or to furnish THE HOSPITAL with a justifiable excuse within twenty-four (24) hours thereof, such failure to report to work shall be conclusively presumed to be a resignation from the service of THE HOSPITAL and terminate for such employee’s seniority and employment; provided, however, that if such employee can thereafter furnish THE HOSPITAL with reasonable proof that such employee could not report for work or could not notify THE HOSPITAL of her/his absence because of illness and unforeseen emergency or other justifiable reason, then such employee shall be reinstated without any break in the service record.
DISCIPLINE AND DISCHARGE. 21.01 The Employer may warn, suspend, demote or discharge an employee for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved, and forwarded to the office of the Union at the time they are issued.
21.02 Any disciplinary notice shall be issued only after, or during the meeting with the employee being disciplined. An employee shall be advised of the nature of the meeting prior to attending. The employee shall be accompanied by a ▇▇▇▇▇▇▇ who shall be paid for such time in accordance with Article 4.03.
21.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and is not scheduled to work within three (3) days of the incident, or if the incident giving rise to the meeting is so serious that more immediate action is warranted, he may be called in at a time when he is not scheduled to work, but shall be paid for such time during the meeting.
21.04 Any letters of warning older than twelve (12) months shall be removed from an employee’s file, provided that there is no repeat offence of the incident giving cause to the discipline during such twelve (12) month period. Any record of suspension will be removed after twenty-four (24) months, provided there is no repeat offence of the incident giving cause to the suspension during such twenty-four (24) month period.
DISCIPLINE AND DISCHARGE. 21.01 The Employer may warn, suspend, demote or discharge employees for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved and forwarded to the office of the Union at the time they are issued.
21.02 Any disciplinary notice shall be issued only after or during the meeting with the employee being disciplined. An employee shall be advised of the nature of the meeting prior to attending. The employee shall be accompanied by a ▇▇▇▇▇▇▇ in accordance with Article 4.02.
21.03 Disciplinary meetings shall normally take place during the affected employee’s scheduled shift. If the employee is not at work and the incident giving rise to the meeting is so serious that immediate action is warranted, employees may be called in at a time when they are not scheduled to work. Such time to attend a discipline meeting is paid time per this Agreement.
21.04 Any letters of warning older than twelve (12) months shall be removed from an employee’s file, provided that there is no repeat offence of the incident giving cause to the discipline during such twelve (12) month period. Any record of suspension will be removed after twenty-four
DISCIPLINE AND DISCHARGE. If after a comprehensive investigation, the client abuse charges are unfounded, the Agency will send a letter stating that the investigation has been concluded and no client abuse charges will be brought against the employee as a result of the investigation. The letter shall be provided upon request to the employee and to any involved party at the employee’s request. Documents relating to the unfounded charges shall not be placed in the employee’s personnel file.
DISCIPLINE AND DISCHARGE. 6.01 a) No employee shall be disciplined or discharged without just cause.
DISCIPLINE AND DISCHARGE. 20.1 No employee shall be disciplined or discharged without just cause. It is understood that disciplinary measures will be appropriate to their cause and subject to the principles of progressive discipline.
20.2 An employee shall be advised of the reasons for disciplinary action. When an employee is to be discharged or suspended, he or she shall be advised in writing of the reasons for such action.
20.3 It is understood that nothing in Article 20 confers on a probationary employee any right to grieve or arbitrate his or her dismissal.
DISCIPLINE AND DISCHARGE. 3001 No employee shall be disciplined or discharged without just cause. 3002 In all instances where the Employer considers that an employee warrants disciplinary action other than a verbal warning, the employee shall be given advance notice of the nature of the concern. The employee shall be entitled to a meeting prior to the imposition of discipline or discharge, unless he is a danger to himself or others, and to be represented at such a meeting by an Association representative, unless he refuses such representation. 3003 An employee shall be notified in writing of the reasons for her discipline or dismissal. A copy shall be forwarded to the Association Representative unless the employee elects otherwise. 3004 Employees shall be shown any adverse report concerning her performance or conduct, and her comments or reply shall also be recorded in her personnel file. Upon request, she shall be given copies of such documents. If she regards the report to be inaccurate, she may also initiate a grievance requesting its correction or removal from her file. 3005 An employee who considers herself to have been wrongfully disciplined, suspended, or discharged shall be entitled to submit a grievance under Article 26 (Grievance Procedure). 3006 An employee may examine her personnel file upon request. Only one such file shall be maintained. Upon request, an employee shall be given a copy of any document placed in her personnel file. 3007 The Employer agrees not to introduce as evidence any derogatory entry from the employee's file at any hearing unless the employee has previously been made aware of its contents at the time of filing or a reasonable time thereafter. 3008 An employee subject to disciplinary action shall, after four (4) years from the date the disciplinary measure was initiated request in writing that her record be cleared of that disciplinary action, provided the Employee has not accumulated any additional disciplinary actions. The Employer shall confirm in writing to the employee that such documentation has been removed.