DISCIPLINE AND DISMISSAL PROCEDURE Clause Samples

The Discipline and Dismissal Procedure clause outlines the formal steps an employer must follow when addressing employee misconduct or performance issues. Typically, this clause details a progressive process, such as verbal and written warnings, followed by possible suspension or termination if the issues persist. Its core function is to ensure fairness and transparency in handling disciplinary matters, protecting both the employer and employee by providing a clear, consistent framework for resolving workplace problems.
DISCIPLINE AND DISMISSAL PROCEDURE. A. Disciplinary action shall be only for just cause, however, when the City takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) days actually worked by the employee after official notice of the investigation has been given to the employee and to the Union. Official notice of an investigation is defined as the issuance of a form, S-93 or other such form used for this purpose that is served when an employee is under investigation. The issuance of this form shall occur no later than ten (10) actual work days following the date Management becomes aware of the alleged infraction and shall be the basis for the start of the aforementioned thirty-five (35) day time. The total time limit of forty-five (45) actual workdays includes the investigation, and may be waived by mutual agreement of Management and the Union. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, the City shall deliver or mail a copy of the Charges and Specifications to the Regional Director of the Union and the Union President, provided that the Union President is employed by the City of Dayton. The hearing on said Charges and Specifications will be held no sooner than seven (7) calendar days from the date of receipt by either Union official. Should the Union fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or their designated representative. Management shall issue its Findings after such disciplinary hearing, but not later than ten
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DISCIPLINE AND DISMISSAL PROCEDURE. ‌ A. Disciplinary action shall be only for just cause, however, when Management takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) calendar days following knowledge by the supervisor of the events upon which the disciplinary action is based. This time limit may be waived by mutual agreement of Management and the Council. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, Management shall deliver or mail a copy of the Charges and Specifications to the Council’s Executive Secretary and the Union President, provided that the Union President is employed by the City of Dayton. The hearing on said Charges and Specifications will be held no sooner than five (5) calendar days from the date of receipt by either Union official. Should the Union fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or his/her designated representative. C. Disciplinary action involving any suspension, a reduction in rank or dismissal by the Department Director, approved by the City Manager, may be appealed by the employee, either independently or through the Council, either to the Civil Service Board in accordance with the City Charter and Civil Service Rules and Regulations, or through the grievance and arbitration procedure set forth in this Agreement, to be introduced at Step 3 where the Division Manager served as the hearing officer, or at Step 4 where the Department Director served as the hearing officer. In no case shall the employee be permitted to appeal any grievance through both the Civil Service Board and the grievance and arbitration procedure. D. When any disciplinary action listed above is taken, the employee shall have ten (10) calendar days from the effective date of the suspension, reduction or dismissal in which to elect his/her appeal procedure, and such election must be made in writing to the Civil Service Board. If the election is for the grievance and arbitration procedure, it shall include a written waiver of his/her right to appeal to Civil Service and to the courts. If no election is filed, the matter will be considered resolved. E. I...
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DISCIPLINE AND DISMISSAL PROCEDURE. The reopening of the Agreement as set forth herein shall invoke the dispute settlement procedure set forth in O.R.C. Section 4117.14. The results of the negotiation process or any settlement reached between the parties will become effective January 1, 2022 for the November 1, 2021 reopener, and January 1, 2023 for the November 1, 2022 reopener, respectively.
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DISCIPLINE AND DISMISSAL PROCEDURE. The grievance will be presented using a form which has been mutually agreed upon by the parties.
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DISCIPLINE AND DISMISSAL PROCEDURE. Section 18.1. An employee may be disciplined for offenses as delineated in Section 124, Revised Code of Ohio, and for just cause. The employer agrees to the concept of corrective discipline for minor offenses. Pursuant to a progressive disciplinary procedure, possible discipline is as follows: ( I ) oral reprimand; (2) written reprimand; (3) suspension or dismissal. For purposes of progressive discipline, the City will not consider any infractions more than one (I ) year old. Section 18.2. Disciplinary action involving an appealable suspension or dismissal as determined by the provisions of Section I 24.34, Revised Code of Ohio, may be appealed by the employee, either independently or through the Union, either to the Civil Service Commission in accordance with the provision of Section 124.34, Revised Code of Ohio, or through the grievance and arbitration procedure set forth in this Agreement, to be introduced at Step 3. In no case shall the employee be permitted to appeal any grievance through both the Civil Service Commission and the grievance and arbitration procedure. Section 18.3. When any disciplinary action listed above is taken, the employee shall have ten (I0) calendar days from the filing of the order with the Civil Service Commission in which to elect his/her appeal procedure, and such election must be made in writing to the Civil Service Commission. Ifthe election is for the grievance and arbitration procedure, it shall include a written waiver of his/her right to appeal to the Civil Service Commission in writing to the Mayor on the official grievance form. Ifno election is filed, the matter will be considered resolved. Section 18.4. In the event the employee appeals through both the grievance and arbitration procedure and to the Civil Service Commission, the employee shall be automatically deemed to have elected an appeal to the Civil Service Commission only. Section 18.5. At any time a supervisor conducts a disciplinary meeting with an employee wherein disciplinary action of record (reprimand, suspension or dismissal) is likely to result, the supervisor shall give notice to the employee of the employee's right to have a ▇▇▇▇▇▇▇ present.
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Related to DISCIPLINE AND DISMISSAL PROCEDURE

  • DISCIPLINE AND DISMISSAL 27.01 The Employer may discipline, suspend or dismiss an employee for just cause only, except for the dismissal of a probationary Employee. Unsatisfactory conduct or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee's record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Union within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The Union shall not deny a request by the Employer to extend the timelines due to availability of persons identified by the Employer to be interviewed. A written warning that is grieved and determined to be unjustified shall be removed from the Employee's record. 27.02 In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the Union forthwith and in any event not later than five (5) days of the action being taken. The action or suspension or dismissal shall be within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act, giving rise to the suspension or dismissal. The Union shall not deny a request by the Employer to extend the timelines due to unavailability of persons identified by the Employer to be interviewed. When action involves a suspension, the notice shall specify the time period of the suspension. 27.03 An Employee who has been subject to disciplinary action may after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the two (2) year period of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. 27.04 The procedures stated in Articles 27.01, 27.02 and 27.03 do not prevent immediate suspension or dismissal for just cause. (a) An Employee required by the Employer to attend an investigation meeting or a disciplinary discussion shall be paid at the applicable rate of pay for time spent in that meeting. (b) Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Union. 27.06 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith. In the event, an Employee is reported to their licensing body, by someone other than the Employer, the Employee shall advise the Employer of such and the Employee may copy the Union on such notification. 27.07 An Employee absent for three (3) consecutive work days without good and proper reason and without notifying the Employer shall be considered to have terminated their Employment with the Employer. 27.08 For the purposes of this Article, periods of time referred to in days shall be deemed to mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays, which are specified in Article 19.

  • Complaints and Dispute Resolution 16.1 Where a dispute arises in connection with any aspect of this Agreement, the parties acting with good faith, will use all reasonable endeavours to bring any such issue to the attention of the other party in a timely fashion and in any event within 60 days of any such dispute coming to their attention. 16.2 Notification by one party to the other must be in writing and include the nature of the dispute and the desired resolution. 16.3 If a Supplier wishes to notify ACM of a dispute in connection with this Agreement, any such notification should be made by email to ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇.▇▇. 16.4 Within seven days of receipt of a notification in accordance with clause 16.2, a party will provide a response in writing including setting out steps it intends to take to resolve the dispute. 16.5 If, after attempting to resolve the dispute for a period of at least 60 days, the parties are not reconciled, they agree to then participate in a mediation to be conducted in accordance with the Code. 16.6 If, after undertaking mediation in accordance with the Code, the parties are still not reconciled, they may then submit to an arbitration to be conducted in accordance with the Code. 16.7 Unless otherwise agreed in writing, the parties shall each bear their own legal costs associated with any mediation and/or arbitration pursuant to this Agreement. 16.8 Nothing in this clause will prevent a party from seeking an injunction.

  • Consultation and Dispute Resolution 1. The Parties shall promptly consult, at the request of either of them, on any question arising out of the interpretation or application of this Agreement. Any disputes concerning the interpretation or application of this agreement shall be settled by friendly consultations between the Parties. 2. Paragraph 1 shall not prevent the Parties from having recourse to dispute settlement procedures under the Partnership and Cooperation Agreement establishing partnership between the European Communities and their Member States, and Ukraine.

  • Applicable Laws and Dispute Resolution a. The formation, validity, interpretation and performance of and settlement of disputes under this Agreement shall be governed by the laws of the PRC. b. Any dispute, conflict, or claim arising in connection with the interpretation and performance of the provisions of this Agreement (including any issue relating to the existence, validity, and termination of this Agreement) shall be resolved by the Parties in good faith through negotiations. In case no resolution can be reached by the Parties within thirty (30) days after a Party makes a request for dispute resolution through negotiations, any Party may refer such dispute to a competent court having legal jurisdiction over the registration place of Party A. The Parties agree to submit to the jurisdiction of such court. The Parties agree that the dispute and any court proceedings shall be kept confidential and that the existence of the proceedings and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) shall not be disclosed beyond the court, the Parties, their counsels and any person necessary to the conduct of the proceeding, except as may be lawfully required in judicial proceedings or as required by the rules of the U.S. Securities and Exchange Commission, the NASDAQ stock market rules or the rules of any other quotation system or exchange on which the securities of the disclosing Parties or their affiliates are listed or as otherwise required by applicable law. The Parties further agree to request that the court conduct any proceedings in closed session and to keep the existence of the proceedings and any element of it, including the decision of the court, confidential and refrain from publishing or otherwise disclosing any of the foregoing information to the public, except as may be lawfully required in judicial proceedings or as otherwise required by applicable law.

  • DISMISSAL, SUSPENSION AND DISCIPLINE 14 ARTICLE 12 - SENIORITY 16