Common use of Discipline On Standards Clause in Contracts

Discipline On Standards. In Appeal Board Case No. 1664 the Impartial Chairman said that "the mere presence of proof of failure to meet a rate of production requires the Chairman to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (44)) it is established that the fault did not lie with the employee." Nevertheless, the undersigned agree that the provisions of Section (44) (c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Appeal Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Section (59), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Appeal Board or the Chairman to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Appeal Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (2) reserves to the Corporation, including the right to establish and maintain work standards or rates of production and to discipline employees.

Discipline On Standards. In Appeal Board Case No. 1664 the Impartial Chairman said that "“the mere presence of proof of failure to meet a rate of production requires the Chairman to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (44)) it is established that the fault did not lie with the employee." ” Nevertheless, the undersigned agree that the provisions of Section (44) (c44)(c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Appeal Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Section (59), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Appeal Board or the Chairman to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Appeal Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (2) reserves to the CorporationCompany, including the right to establish and maintain work standards or rates of production and to discipline employees.. Very truly yours, CHRYSLER CORPORATION By ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Accepted and Approved: INTERNATIONAL UNION, UAW By ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ October 28, 1985

Discipline On Standards. In Appeal Arbitration Board Case No. 1664 the Impartial Chairman Chairperson said that "the mere presence of proof of failure to meet a rate of production requires the Chairman Chairperson to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (444.1)) it is established that the fault did not lie with the employee." Nevertheless, the undersigned agree that the provisions of Section (44) (c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Appeal Arbitration Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Section Letter (594.2), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Appeal Arbitration Board or the Chairman Chairperson to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Appeal Arbitration Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (2) reserves to the Corporation, including the right to establish and maintain work standards or rates of production and to discipline employees.