Discipline or Discharge Cases Sample Clauses

The 'Discipline or Discharge Cases' clause outlines the procedures and standards that must be followed when an employee faces disciplinary action or termination. Typically, this clause specifies the steps for investigating alleged misconduct, the rights of the employee to respond or appeal, and the documentation required for such actions. By establishing clear guidelines, it ensures fairness and consistency in handling discipline or discharge, thereby protecting both the employer and employee from arbitrary or unjust actions.
Discipline or Discharge Cases. In the event that a sole arbitrator or board of arbitration deals with a matter relating to discharge, suspension, or disciplinary action, then the sole arbitrator or board has the authority to reinstate an employee with or without full or partial compensation for salary and any other benefits lost, or to make any award it may deem just or reasonable which would be consistent with the terms of this agreement.
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Discipline or Discharge Cases. In the event that a Board of Arbitration deals with a matter relating to discharge, suspension, or disciplinary action, then the Board has the authority to reinstate an employee with or without full or partial compensation for salary and any other benefits lost, or to make any award it may deem just or reasonable which would be consistent with the terms of this Agreement.
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Discipline or Discharge Cases. If an employee with seniority believes that he has been unjustly disciplined or discharged, he shall, within three (3) working days of notice of discipline or discharge, present a grievance in writing to the Plant Personnel Department and the matter shall be dealt with in accordance with Step and the balance of the Grievance Procedure. A discharged or suspended employee may interview his ▇▇▇▇▇▇▇ privately for fifteen (1 5) minutes if he requests, at a place on the premises designated by the Company. In the application of this Section, it is understood that if the discharged person is preventedfrom filing a grievance within the time limits provided for, a Union representative may file a grievance on his behalf. Such special grievance may be disposed of by confirming the Company’s decision in disciplinary or discharging the employee or by reinstating the employee with full seniority and compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Arbitrator.
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Discipline or Discharge Cases. 8.01 No permanent employee shall be disciplined or discharged without good and sufficient cause. A claim by a non-probationary, full-time, employee that he has been unjustly discharged from his employment shall be treated as a grievance, if a written statement of such grievance is lodged with the employee's Supervisor within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the Grievance Procedure, prior to Step No. 2, will be omitted in such cases. Such special grievances may be settled by confirming the management's action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just equitable in the opinion of the conferring parties. 8.02 When an employee has been dismissed without notice, he shall have the right to interview his ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises in a location that is mutually satisfactory to the Union and the Company. 8.03 A copy of any written disciplinary action issued to an employee shall be given to the employee and a copy sent to the Union office within ten (10) calendar days. Failure to provide such copy to the Union shall not invalidate discipline action. 8.04 At any disciplinary interview held by the Company, the employee to be interviewed may have his ▇▇▇▇▇▇▇ present as an observer, should he so request. The absence of a ▇▇▇▇▇▇▇ shall not invalidate any action taken by the Company further to such meeting. 8.05 When an employee has eighteen (18) months of service with no unsatisfactory suspensions on file, the Company agrees that it will not rely upon, use, or make reference to, any of the prior suspensions, at any future meetings, unless the discipline is for the same or similar type of offence. When an employee has twelve (12) months of service with no unsatisfactory documentation on file, the Company agrees that it will not rely upon, use, or make reference to, any prior disciplinary notices, at any future meetings, unless the discipline is for the same or similar type of offence. (i) It is agreed and understood that, notwithstanding the provisions of Article 8 above, should an employee be discharged for theft of any kind or manner, from the Company, its customers, employees or suppliers, and should a Board Arbitration or Single Arbitrator make a finding of fact to this effect, then the Board of Arbitration or single Arbitrator in question shall have no jurisd...
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Discipline or Discharge Cases. 10.01 If an employee with seniority believes that he/ she has been unjustly disciplined or discharged, he/ she shall, within three (3) working days of notice of discipline or discharge, present a grievance in writing to the Shift Supervisor and the matter shall be dealt with in accordance with Step 2 and the balance of the Grievance procedure. A discharged or suspended employee may interview his/her ▇▇▇▇▇▇▇ privately for fifteen (15) minutes if he/she requests, at a place on the premises designated by the Company. 10.02 Such special grievance may be disposed of by confirming the Company’s decision in disciplinary or discharging the employee or by reinstating the employee with full seniority and compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties or the Arbitrator. a) A copy of any written disciplinary warning shall be delivered to the employee concerned and to the Recording Secretary. b) If an employee goes 24 months (excluding time on layoff, STD, LTD, or WSIB) without a suspension or termination notice then all prior violations will be removed from the employee’s record. Verbal and written warnings will be removed from an employee’s file after twelve
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Discipline or Discharge Cases. 8.01 No permanent employee shall be disciplined or discharged without good and sufficient cause. A claim by a non-probationary employee that they have been unjustly discharged from their employment shall be treated as a grievance, if a written statement of such grievance is lodged with the employee's Supervisor within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the Grievance Procedure, prior to Step No. 2, will be omitted in such cases. Such special grievances may be settled by confirming the management's action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement, which is just equitable in the opinion of the conferring parties. 8.02 When an employee has been dismissed without notice, they shall have the right to interview with their ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises in a location that is mutually satisfactory to the Union and the Company. 8.03 A copy of any written disciplinary action issued to an employee shall be given to the employee and a copy sent to the Union office within ten (10) calendar days. Failure to provide such copy to the Union shall not invalidate discipline action. 8.04 At any disciplinary interview or meeting held by the Company, the employee to be interviewed or disciplined will have their ▇▇▇▇▇▇▇ present. The absence of a ▇▇▇▇▇▇▇ shall invalidate any action taken by the Company. 8.05 When an employee has twelve (12) months of service with no unsatisfactory documentation on file, the Company agrees that it will not rely upon, use, or make reference to, any prior disciplinary notices, at any future meetings, unless that discipline or notice was for harassment, threats of violence, physical violence, cash handling and/or theft, or other infractions representing gross misconduct. (i) It is agreed and understood that, notwithstanding the provisions of Article 8 above, should an employee be discharged for theft of any kind or manner, from the Company, its customers, employees or suppliers, and should a Board Arbitration or Single Arbitrator make a finding of fact to this effect, then the Board of Arbitration or single Arbitrator in question shall have no jurisdiction to alter, vary, modify or rescind the discharge imposed by the Company. (ii) It is agreed and understood by the parties that, with respect to Article 8.06 (i) of this Agreement, “theft” shall be defined as: "The...
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Discipline or Discharge Cases. In the event that a Board of Arbitration deals with a matter relating to discharge, suspension, or disciplinary action, then the Board has the authority to reinstate an employee with or without full or partial compensation for salary and any other benefits lost, or to make any award it may deem just or reasonable which would be consistent with the terms of this Agreement. Expenses of the Board Each party shall pay: The fees and expenses of the arbitrator it appoints. The fees and expenses of any witnesses called by each party. One half of the fees and expenses of the Chairman.
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Related to Discipline or Discharge Cases

  • DISCIPLINE/DISCHARGE 25.01 A Shop ▇▇▇▇▇▇▇, or in the absence of a Shop ▇▇▇▇▇▇▇, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop ▇▇▇▇▇▇▇, another Shop ▇▇▇▇▇▇▇ or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop ▇▇▇▇▇▇▇ or Assistant Shop ▇▇▇▇▇▇▇ or another employee shall not invalidate the discipline, except in exceptional circumstances. 25.02 The affected employee, a Shop ▇▇▇▇▇▇▇ and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop ▇▇▇▇▇▇▇, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop ▇▇▇▇▇▇▇ and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop ▇▇▇▇▇▇▇ promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period. (c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.

  • DISCHARGE CASES If an employee believes that he has been unjustly discharged he may commence grievance procedure and it will be instituted at Step 2.

  • 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, 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.

  • DISCIPLINE AND DISCHARGE A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate. B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee. C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have Union representation. The employee will be asked to sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or denial of guilt of the charges or statement. D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense. E. The Employer shall not discipline or discharge any employee without just cause. Any disciplinary action may be appealed through the grievance procedure. Steps of the grievance procedure may mutually be waived in order that the grievance may be filed with the person issuing such disciplinary actions.