DISCIPLINE FOR MISCONDUCT Sample Clauses

DISCIPLINE FOR MISCONDUCT. 1. The Board may dismiss or discipline a teacher bound by this Collective Agreement only for just and reasonable cause.
DISCIPLINE FOR MISCONDUCT a. As used in this Agreement, “discipline” shall include written letters of reprimand; suspensions without pay of varying lengths; and discharge for reasons other than job performance. Discipline shall not include oral counseling or oral reprimands from a supervisor. Such matters are not grievable under this Agreement. Discipline also does not include performance evaluations or other documentation or actions relating to the job performance of an employee. Such matters are grievable only to the extent specified elsewhere in this Agreement. b. Except for those employees who may be discharged during their probationary period, the College shall not discipline or discharge any employee for disciplinary reasons except for just cause. “Just cause” shall be interpreted in accordance with the decisional guidance of the Vermont Supreme Court and Labor Relations Board. Factors considered by the Labor Board in considering the level of discipline to be imposed are listed in Appendix B. c. Just cause does not apply to the discharge of an employee due to cessation of funding from a grant nor does it apply to discharge for unsatisfactory job performance. The President shall be responsible for making all final discharge decisions. Discharge may be for disciplinary reasons or job performance reasons. A discharge resulting from unsatisfactory job performance must follow the standards and procedures set forth in Section 4 below and such judgment shall not be arbitrary or capricious. d. While not listing every potential reason for disciplinary action, the parties agree that discipline generally may be invoked against an employee for failure to follow rules, regulations, and policies of the College(s), insubordination and other misconduct. The College will use as a guide the twelve (12) factors listed in Appendix B when deciding upon the level of discipline in any given case. e. Where appropriate, the College may also require as part of disciplinary action: restitution, appropriate training or counseling, or other remedial action. f. The College reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of law. g. It is understood that, in any case involving discipline or discharge for disciplinary reasons under Section 3 of this Article, the College bears the burden of proving that there was just cause for such action. h. The Colleges will adhere to the principle of ...
DISCIPLINE FOR MISCONDUCT. If the discharge is for misconduct, the Regional Center will follow progressive discipline unless the employee has engaged in gross misconduct. If the Regional Center determines that the matter requires an investigation, the employee may be placed on administrative leave pending the outcome of the investigation. Administrative leave means leave with pay.

Related to DISCIPLINE FOR MISCONDUCT

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.

  • Gross Misconduct If the Optionee’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct as determined by the Administrator, the Administrator in its sole discretion may provide that all, or any portion specified by the Administrator, of the Optionee’s unexercised Options shall terminate and be forfeited immediately without consideration. The Optionee acknowledges and agrees that the Optionee’s termination of employment shall also be deemed to be a termination of employment by reason of the Optionee’s Gross Misconduct if, after the Optionee’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.

  • Discipline Disciplinary grievances will be initiated at the level at which the disputed action was taken.

  • Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).