Common use of DISCIPLINE AND DISMISSALS Clause in Contracts

DISCIPLINE AND DISMISSALS. 14.01 A member shall not be disciplined or discharged, except for just cause. Both parties recognize the philosophy of using counseling and progressive discipline with the objective of correcting real or perceived problems in the area of job performance or employee behavior. However, depending on the nature and gravity of the offence, steps in the normal disciplinary process may be bypassed or repeated where circumstances warrant. 14.02 Should The City suspend a member pending investigation, the member shall receive his regular rate of pay during the suspension. If The City determines, from the investigation, that a disciplinary suspension is warranted, then the following shall apply: a) In the event that the suspension pending investigation is shorter than the disciplinary suspension to be levied, the Association agrees that The City may recover regular pay from the employee equal to the number of days the employee had been suspended pending investigation. Those days will be deemed to be a portion of the disciplinary suspension. The remainder of the disciplinary suspension will be served by the member as an unpaid suspension. b) In the event that the suspension pending investigation is longer than the discipline to be imposed, the Association agrees that The City may recover regular pay from the employee corresponding to the length of the disciplinary suspension. In either event, the recovery will occur as a lump sum following the conclusion of the investigative process. Should The City terminate the employee following the conclusion of the investigative process, The City shall not recover the employee’s pay while on suspension. Where The City determines from the investigation that no disciplinary suspension is warranted, no recovery of pay will occur. 14.03 When a member is being interviewed for the purpose of determining disciplinary action, he shall be informed of his right to union representation. Except in the case of gross misconduct, or unless a member declines his right to union representation in writing, discipline shall occur in the presence of a union representative. A member will be informed of the purpose of the interview, specific allegations and investigative timelines. A member reporting for such an interview or for discipline shall be given reasonable time to arrange for the presence of his union representative. 14.04 Discipline imposed on a member shall be done within a reasonable timeframe considering the date The City became aware of an alleged infraction and time required to complete their investigation. Whenever an employee is disciplined and the discipline is intended to be a matter of record on the member’s official personnel file, the member shall be given written particulars stating the reason for the disciplinary action and outlining the terms of the penalty (where applicable). In all cases, the member shall be advised that he has the right to have union representation present. 14.05 Any member of the Association desiring to grieve against his discipline or his dismissal must do so through the proper officials of the Association and shall submit the grievance within twenty-one (21) working days (exclusive of Saturdays, Sundays and statutory holidays) from the date of the discipline or dismissal to the Deputy Chief/Manager or their designate with a copy to the Manager, Labour Relations. Failure to grieve shall not be considered an admission that such discipline was warranted. 14.06 Any member of the Association who has been wrongfully dismissed by The City, and who is later reinstated shall be compensated in full for all time lost. 14.07 A letter of discipline shall be removed from a member’s official personnel file (located in Corporate Human Resources) after twenty-four (24) months from the date of the discipline letter provided the employee has not received any further discipline during this period. Any accumulation of absence from work (excluding approved vacation time and approved leave with pay) beyond one-hundred-nineteen (119) days shall be added to the twenty-four (24) month period.

DISCIPLINE AND DISMISSALS. 14.01 A member Member shall not be disciplined or discharged, except for just cause. Both parties recognize the philosophy of using counseling and progressive discipline with the objective of correcting real or perceived problems in the area of job performance or employee behavior. However, depending on the nature and gravity of the offence, steps in the normal disciplinary process may be bypassed or repeated where circumstances warrant. 14.02 Should The City suspend a member Member pending investigation, the member Member shall receive his regular rate of pay during the suspension. If The City determines, from the investigation, that a disciplinary suspension is warranted, then the following shall apply: a) In the event that the suspension pending investigation is shorter than the disciplinary suspension to be levied, the Association agrees that The City may recover regular pay from the employee equal to the number of days the employee had been suspended pending investigation. Those days will be deemed to be a portion of the disciplinary suspension. The remainder of the disciplinary suspension will be served by the member Member as an unpaid suspension. b) In the event that the suspension pending investigation is longer than the discipline to be imposed, the Association agrees that The City may recover regular pay from the employee corresponding to the length of the disciplinary suspension. In either event, the recovery will occur as a lump sum following the conclusion of the investigative process. Should The City terminate the employee following the conclusion of the investigative process, The City shall not recover the employee’s pay while on suspension. Where The City determines from the investigation that no disciplinary suspension is warranted, no recovery of pay will occur. 14.03 When a member Member is being interviewed for the purpose of determining disciplinary action, he shall be informed of his right to union representation. Except in the case of gross misconduct, or unless a member Member declines his right to union representation in writing, discipline shall occur in the presence of a union representative. A member will be informed of the purpose of the interview, specific allegations and investigative timelines. A member reporting for such an interview or for discipline shall be given reasonable time to arrange for the presence of his union representative. 14.04 Discipline imposed on a member Member shall be done within a reasonable timeframe considering the date The City became aware of an alleged infraction and time required to complete their investigation. Whenever an employee is disciplined and the discipline is intended to be a matter of record on the memberMember’s official personnel file, the member Member shall be given written particulars stating the reason for the disciplinary action and outlining the terms of the penalty (where applicable). In all cases, the member Member shall be advised that he has the right to have union representation present. 14.05 Any member Member of the Association desiring to grieve against his discipline or his dismissal must do so through the proper officials of the Association and shall submit the grievance within twenty-one (21) working days (exclusive of Saturdays, Sundays and statutory holidays) from the date of the discipline or dismissal to the Deputy Chief/Manager or their designate with a copy to the Manager, Labour Relations. Failure to grieve shall not be considered an admission that such discipline was warranted. 14.06 Any member Member of the Association who has been wrongfully dismissed by The City, and who is later reinstated shall be compensated in full for all time lost. 14.07 A letter of discipline shall be removed from a memberMember’s official personnel file (located in Corporate Human Resources) after twenty-four (24) months from the date of the discipline letter provided the employee has not received any further discipline during this period. Any accumulation of absence from work (excluding approved vacation time and approved leave with pay) beyond one-hundred-nineteen (119) days shall be added to the twenty-four (24) month period.