DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction.
10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested.
10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
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, SUSPENSION AND DISCHARGE
15.01 The Employer shall not discipline, suspend, or discharge an Employee without just cause.
15.02 The Employer and the Union recognize the principle of progressive discipline.
15.03 When an Employee is to be disciplined (e.g., documented oral warning, written warning, suspension, or discharge), such discipline shall only be imposed at a meeting with the Employment Supervisor specifically convened for this purpose. Employees will be given forty-eight (48) hours’ notice, the reason(s) for the meeting and will be advised that they are entitled to be accompanied at this meeting by a Union representative. Such notice shall be in writing. The Union shall be copied on any disciplinary letter within three (3) Business Days of such a meeting.
15.04 A documented oral warning or a written warning shall normally precede imposition of a suspension or discharge, except in the case of gross neglect of duty position abandonment, or gross misconduct.
15.05 Where an Employee has received a disciplinary letter, the Employee may attach comments to the letter and the comments will be placed in their personnel file.
(a) A disciplinary letter within an Employee’s personnel file shall be deemed null and void and removed from the file after a twenty-four (24) month period from the date of the letter, provided that no further discipline has been recorded within the period noted above.
(b) Where, upon an Employee’s graduation from their program at Queen’s University, a disciplinary letter has been in the Employee’s personnel file for a period of no less than twelve (12) months, such a disciplinary letter shall be removed from the Employee’s personnel file at their request.
(c) Article 15.06 (b) does not apply when the Employee registers immediately from one program at Queen’s University into another program at Queen’s University.
15.07 In cases involving allegations of serious misconduct or a threat to the safety of a person or property, as a precautionary measure, the ▇▇▇▇ (or delegate) of the faculty in which the Employee works may suspend the Employee with pay during an investigation. Within one (1) Business Day from the time of such a suspension, the Employer shall provide the Employee with a letter setting out the allegation or threat with a copy to the Union. The letter will inform the Employee of their right to Union representation in connection with the matter and a meeting will be scheduled between the parties within three (3) Business Days of the above letter being provided. The parties may delay this meeting by written agreement pending the outcome of an investigation. The Employer will complete the investigation and inform the Employee of the results of the investigation, and of any corrective action that has been or will be taken, normally within ninety (90) calendar days of the commencement of the investigation, unless there are extenuating circumstances warranting a longer investigation. During any meetings between the Employee and the Employer during the investigation, the Employee may choose to be accompanied by a Union representative. Where, at the conclusion of the investigation, the allegations that were investigated are unfounded, there shall be no record of the investigation in the Employee’s personnel file. Where the allegations are founded, the Employer may take disciplinary action.
DISCHARGE AND DISCIPLINE 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause.
7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A copy of the notice given to the employee shall be mailed to the Union within forty-eight (48) hours.
7.3 A grievance by an employee claiming that s/he has been unjustly or improperly discharged, disciplined or suspended must be submitted to the Medical Center, in writing, within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article.
7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays.
7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the employer representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time as a representative is available.
7.6 A discipline shall not be issued more than twenty five (25) days after the event/incident that led to the issuance of the discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the Medical Center's Attendance/Lateness Policy and Procedure will be excluded from this limit.
7.7 For disciplines involving "no-call, no-show" the first discipline will be a two-day suspension. The discipline shall be removed from the employee's personnel record after twelve (12) months, if there are no further disciplines for "no-call, no- show"during the twelve (12) month period.