DISCIPLINE AND DISCHARGE CASES Sample Clauses
The 'Discipline and Discharge Cases' clause outlines the procedures and standards that must be followed when an employee faces disciplinary action or termination. Typically, this clause details the steps for investigating alleged misconduct, the rights of the employee to respond or appeal, and the documentation required for each stage. By establishing clear processes and protections, the clause ensures fairness and consistency in handling discipline and discharge, reducing the risk of arbitrary or unjust employment actions.
DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service.
13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP).
13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action.
13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge.
13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4.
13:06 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is ...
DISCIPLINE AND DISCHARGE CASES. 13:01 An employee who is discharged or disciplined by the Employer shall, within five (5) working days, be given notice thereof, and a copy of such notice shall be forwarded to both the President and the Chairperson of the Union. The written notice shall contain the reason(s) for the discipline or discharge of the said employee. A failure to give such notice within the time prescribed shall not invalidate the discharge or discipline.
13:02 Any claim of wrongful discharge or discipline may be submitted to the grievance and arbitration procedures within five (5) working days from the date of receipt of such notice by the President of the Union of such discharge or discipline and shall be dealt with as herein provided. Steps 1 and 2 of the grievance procedure will be omitted in the case of discharge.
13:03 The Employer agrees that a Union Administrative Committee Member or Chairperson or Vice Chairperson shall be present whenever an employee is disciplined or subject to an investigation that may lead to discipline. The Chair or Vice-Chair shall be present whenever the employee is discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to suspend an employee pending investigation without the Union Administrative Committee Member or Vice Chairperson or the Chairperson present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and a Union Administrative Committee Member or the Chairperson within two (2) working days following the initial action.
13:04 The record of an employee shall not be used against them when twenty-four (24) months have elapsed since the issuance of a letter of discipline, provided there has been no recurrence of a similar and/or other infraction.
DISCIPLINE AND DISCHARGE CASES. 9.01 Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or by reinstating the employee in her/his former position with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or of the Board of Arbitration, as the case may be.
9.02 At the time formal discipline is imposed, an employee is entitled to be represented by her/his Union Representative. Union Representative(s) undertake to be reasonably available for such meeting.
9.03 The time limits in this Article may be extended by written agreement of the parties.
9.04 A discipline grievance may be filed at Step No. 2 of the Grievance Procedure within seven (7) calendar days after the date of the discharge or suspension is effected.
DISCIPLINE AND DISCHARGE CASES. 11.01 The Employer will make reasonable efforts to arrange for a Union ▇▇▇▇▇▇▇ to be present at a meeting where discipline or discharge will be imposed on an employee and to advise the Unit ▇▇▇▇▇▇▇ or designate twenty-four (24) hours in advance that a meeting will take place. Such notice will disclose the location and time of said meeting. The Union shall maintain confidentiality regarding said meeting except as may be required to arrange for the attendance of a Union ▇▇▇▇▇▇▇ at the meeting.
11.02 An employee who is discharged or suspended shall be given a reasonable opportunity to interview her/his ▇▇▇▇▇▇▇ before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to her/his discharge, to require the immediate expulsion of the employee from the premises.
11.03 A seniority employee who is discharged may file a grievance at Step 2 of the Grievance Procedure within ten (10) days after such discharge. A seniority employee who is disciplined may file a grievance at Step 1 of the Grievance Procedure within ten (10) days of such discipline.
11.04 Where a discipline or discharge grievance is not settled and becomes the subject matter of an Arbitration, the Arbitrator or Arbitration Board may substitute such other penalty for the discharge or discipline as the Arbitrator or Arbitration Board seems just and reasonable in all the circumstances.
DISCIPLINE AND DISCHARGE CASES. 13:01 An employee who is discharged or disciplined by the Employer shall, within five
DISCIPLINE AND DISCHARGE CASES. 17.01 If an employee believes that he has been unjustly discharged, the matter may be taken up as a special grievance under Article 15 -
DISCIPLINE AND DISCHARGE CASES. 8.01 Where a formal review process has been undertaken for an employee over a specified period of time, the employee will be informed of the areas of concern on a regular basis throughout that period.
8.02 A claim by an employee who has completed the probationary period that he has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the appropriate Manager within five (5) working days after the employee ceases working for the Company, or is suspended, and then the provisions of Article 5.03 apply beginning at step 3. Such special grievances may be settled by:
a. confirming the management's action in dismissing or suspending the employee; or
b. reinstating the employee with full compensation for lost time; or
c. any other arrangement which is just and equitable in the opinion of the conferring parties or the Single Arbitrator.
8.03 Where an employee is given a disciplinary warning which is to be recorded against him/her, the area ▇▇▇▇▇▇▇ shall be present, and notice of the discipline will be given to the employee and to the Union.
DISCIPLINE AND DISCHARGE CASES. 8.01 If an employee believes that he has been disciplined or discharged without just cause, he shall, within five (5) days notice of discipline or discharge, present a grievance in writing to his Department Head or his representative and the matter shall be dealt with in accordance with Step 2 and the balance of the Grievance Procedure. If such an employee requests it, he shall at a time and place specified by the Supervisor, be given an opportunity to speak for fifteen (15) minutes to his ▇▇▇▇▇▇▇.
8.02 Such special grievance may be disposed of by confirming the Company’s decision in disciplining or discharging the employee or by reinstating the employee with full seniority and compensation for the time lost, or by any other
8.03 An award of demerit points to be a part of an employee’s record shall be given in writing and in the presence of a Union ▇▇▇▇▇▇▇. A copy of the warning shall be given to:
(a) The Employee
(b) The Union ▇▇▇▇▇▇▇ who shall sign a copy acknowledging the receipt
(c) The Union President, and
(d) The Recording Secretary
8.04 Demerit points awarded, shall be removed from an employees record after one (1) year in which there has been no further demerit points awarded, unless the Company notifies the employee concerned, the Recording Secretary and the President of the Union in writing.
DISCIPLINE AND DISCHARGE CASES. (a) No employee shall be disciplined or discharged without just cause. Discharges or discipline must be effected by the Company within twenty four (24) hours of the actions by the employee giving rise to the discharge or discipline. In cases of discharge or discipline the grievance procedure shall be commenced at Step No.
DISCIPLINE AND DISCHARGE CASES. 10.01 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step 3 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within seven (7) calendar days after the notice is given in writing.
10.02 It is agreed that the ▇▇▇▇▇▇▇(s) or the Union Representative will be notified on the first business day or as soon as practicable of the dismissal of any post-probationary employee in the bargaining unit.
10.03 A Union ▇▇▇▇▇▇▇ shall be present when any disciplinary penalty is imposed upon the request of the employee. The Employer shall notify the employee of the right to Union representation prior to imposing any disciplinary action.
10.04 Where an employee receives a written disciplinary letter and the employee has been free for free from a related discipline for eighteen (18) months from the date of the letter, and in the case of a suspension, related discipline free for twenty-four (24) months from the date of the suspension, such letter(s) shall be removed from the employee’s personnel file with the exception of proven resident abuse. If an employee chose, she may review her personnel file with her supervisor during non-working time, at a mutually agreed to time, with seven (7) days’ notice.