DISCIPLINE, SUSPENSION AND DISCHARGE Sample Clauses
The 'Discipline, Suspension and Discharge' clause outlines the procedures and standards an employer must follow when addressing employee misconduct or performance issues. It typically details the steps of progressive discipline, such as verbal and written warnings, and specifies the circumstances under which an employee may be suspended or terminated. This clause ensures that disciplinary actions are applied fairly and consistently, protecting both the employer from arbitrary claims and the employee from unjust treatment.
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DISCIPLINE, SUSPENSION AND DISCHARGE. 14.01 The Employer accepts the principles of progressive discipline. Employees may only be disciplined, suspended or discharged for just cause. Discipline shall include the following:
(a) a verbal warning to be documented
(b) a written warning
(c) an unpaid suspension (d) discharge
(a) It is recognized that the Employer has the right to discipline, suspend, or discharge. An Employee may request the right to have a shop ▇▇▇▇▇▇▇ or other Union representative present during any meeting in the course of an investigation which might lead to discipline or during the imposition of discipline, suspension, or discharge. The Employer shall make every reasonable effort to accommodate this request. The Employer shall inform the Employee of this right and give her/him reasonable time to arrange for the shop ▇▇▇▇▇▇▇ or Union representative to be present following which the meeting will occur. The Employer will give the Employee forty-eight (48) hours’ notice of any disciplinary meeting when the purpose of the meeting involves a suspension or termination.
(b) Prior to the imposition of discipline, suspension or discharge, the Employee shall be notified of the reasons and grounds for action.
(c) The Employer may allow an Employee to continue her/his employment throughout the grievance and arbitration period.
(d) When necessary, the Employer may require an Employee to be suspended with pay while investigating disciplinary matters.
(e) An arbitrator may order a record of discipline for a specific incident removed from an Employee’s file as a result of the Employer’s failure to comply with the procedures of 14.02 for that specific incident.
14.03 The Employer will notify the Union prior to any meeting occurring at which an Employee is disciplined, suspended or discharged.
14.04 In the event that an Employee is disciplined, the Employee shall be notified in writing of the reasons for the imposition of discipline and the resulting decision.
14.05 Where it is determined, through the grievance process, that an Employee has been unjustly disciplined, suspended or discharged, the Centre shall forthwith compensate the Employee for any amounts as agreed between the Parties or as determined by arbitration, including, where appropriate, reinstatement.
14.06 If, following a full hearing on the merits of the grievance, the grievor is fully exonerated from any alleged wrongdoing, all records held by the Employer dealing with such discipline, suspension or discharge shall be removed from ...
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 pr...
DISCIPLINE, SUSPENSION AND DISCHARGE. 18.01 The Employer shall not discipline, suspend or discharge an Employee without just and sufficient cause.
18.02 The Parties recognize the principle of progressive discipline by adopting the procedures set forth below.
18.03 When an Employee is to be disciplined (i.e. documented verbal warning, written warning, suspension or discharge), such discipline shall only be imposed at a meeting with the Supervisor and ▇▇▇▇, specifically convened for this purpose. Employees shall be given twenty-four (24) hours’ notice and advised that they are entitled to be accompanied at this meeting by a Union representative. A copy of any disciplinary letter shall be provided to the Union within three (3) Days of such a meeting. A copy of the discipline shall be placed in the Employee’s employment file.
18.04 A documented verbal warning or 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, and an Employee shall be given a set and reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
18.05 In cases involving alleged serious insubordination or the perception of a continuing threat to the safety of a person or property, the ▇▇▇▇▇▇▇ may suspend an Employee with pay during the period that the Employer investigates the alleged action or behavior prior to holding a meeting under Article 18.
DISCIPLINE, SUSPENSION AND DISCHARGE. 23.1. When a member is called into a supervisor’s office for disciplinary reasons, with the indication that dismissal may follow if repetition occurs, any warning resulting from the interview shall be confirmed in writing within ten (10) working days to the member involved, with a copy to be forwarded to the Association. The member and the Association shall have the right to reply to the supervisor and a copy of such reply will be filed in the personnel records of the member.
23.2. When a member who has completed the probationary period has been suspended, the Chief of Police or Chief’s designate will, within one (1) working day, confirm the suspension in writing to the member involved, with a copy of such advice forwarded to the Association. (1999)
23.3. When a member who has completed the probationary period is discharged, the Board will provide the written reasons for dismissal, with a copy to be forwarded to the Association. Prior to leaving the premises of the Board, the member may discuss the dismissal with the Association’s representative.
23.4. Any time a member is called in under article 23.1, the member shall have the right, if desired and requested, to have the presence of an Association Executive member. The member shall be advised in advance as to the reason for the hearing.
23.5. Employees shall be notified in writing of any serious dissatisfaction concerning their work within ten (10) working days of the discovery of the event. In the event that a criminal investigation into the matter is required, the employee will be notified within ten (10) working days after such investigation is completed. Such notice shall include particulars of the work performance that led to the complaint. Employees shall reply in writing and all reports and documents shall become part of their record. (2006)
23.6. Documentation filed on an employee’s employment record related to disciplinary action under this article shall be removed:
(a) when three (3) years have elapsed since suspension, provided that there has been no recurrence of a similar and/or other infraction; and
(b) when one (1) year has elapsed since the issuance of a letter of reprimand, provided that there has been no recurrence of a similar and/or other infraction. (2009)
DISCIPLINE, SUSPENSION AND DISCHARGE. A. With respect to warnings, reprimands or other disciplinary actions short of suspension or discharge, the parties agree to the following guidelines.
1. Such actions will be handled directly with the employee by the supervisor involved.
2. A record of verbal reprimand shall be sent to the union ▇▇▇▇▇▇▇ and the employee and placed in the employee’s personnel file. This record shall contain the following: the date of the incident prompting the verbal reprimand; the date it was issued; the name of the employee reprimanded; and a brief description of the reason for the verbal reprimand. The record will not be considered a written reprimand.
3. If the employee and/or the ▇▇▇▇▇▇▇ involved wishes to contest any such disciplinary action, he/she shall initiate a grievance at Step 1 of the prescribed procedure.
B. If an employee is suspended or discharged from his/her employment with the district, the Board agrees to promptly notify the involved ▇▇▇▇▇▇▇ in writing. The Board further agrees that the employee shall be allowed to discuss his/her suspension or discharge with the ▇▇▇▇▇▇▇, and that the Board will make available an area where they may do so, before the employee is required to leave District property.
1. Upon request, a designated representative of the Board will discuss the suspension or discharge with the employee and the ▇▇▇▇▇▇▇.
2. Should the employee or the ▇▇▇▇▇▇▇ consider the discharge or suspension to be improper, a grievance shall be presented in writing through the Union at Step 3 of the prescribed procedure within five (5) regularly scheduled workdays from the date the suspension or discharge was imposed. In imposing any sanction on a current charge, the Board will not take into account any prior infraction (except for moral turpitude and felony convictions) that occurred more than 48 months previously. Nor will the Board impose sanctions on an employee for inadvertent errors on their employment application after a period of 24 months from his/her date of hire, unless the application was deliberately falsified.
DISCIPLINE, SUSPENSION AND DISCHARGE. 7.01 An employee, who in the opinion of the Employer, is not performing her duties satisfactorily will be given a verbal warning. The employee and/or Employer shall have the right to request a ▇▇▇▇▇▇▇ to be present if any notation is to be made in her record, indicating her performance is not satisfactory. The warning will include the manner in which the performance is unsatisfactory, the remedial action desired by the Employer, and an indication of the time within which the performance is to be brought up to a satisfactory level. A copy of the warning or notation shall be provided to the ▇▇▇▇▇▇▇ if not present.
7.02 If the performance of an employee continues to be unsatisfactory after the time period required in the verbal warning, or if the performance is deemed as sufficiently unsatisfactory as to require stronger action, the employee and a ▇▇▇▇▇▇▇ will be notified in writing within thirty (30) days of the unsatisfactory performance becoming known to the Employer that her work is unsatisfactory. This notice will include particulars of the performance deemed unsatisfactory, the remedial action sought by the Employer, and the time within which the remedial action is to be accomplished. The employee's reply to a written notice will be in writing within five (5) working days of her receipt of the notice. the Employer's notice and employee's reply will become part of the employee's record. Failure of the employee to follow this procedure will be regarded as an acceptance of the expression of dissatisfaction, and the notice will remain in the employee's record.
7.03 Failure of an employee to improve her performance to an acceptable level within the time limit may result in suspensions or discharge subject to the right of the employee to grieve.
7.04 The notice of dissatisfaction in the employee's record shall not be used in a manner detrimental to the employee in the following instances:
a) when eighteen (18) months have elapsed since a suspension, provided there has been no recurrence of the same, a similar and/or any other infraction;
b) when twelve (12) months have elapsed since the issuance of a letter or reprimand provided there has been no recurrence of the same, a similar or any other infraction.
7.05 Notwithstanding anything to the contrary in this agreement, the employment of probationary employees may be terminated at any time during the probationary period without recourse to the Grievance Procedure.
7.06 If a permanent employee is suspended or di...
DISCIPLINE, SUSPENSION AND DISCHARGE. (a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance proce- dure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initi- ated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documenta- tion related to such allegations shall be destroyed, and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) The University and the Union agree that there shall be a lesser standard of just cause for probationary employees, and the ▇▇▇▇- dard shall include, but not be limited to, job capabilities (which includes familiarity with course materials), skill and work efficiency/ productivity.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a dis- ciplinary response. It is acknowledged that discipli- nary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of pro- gressive discipline, normally use verbal then, if war- ranted, written warnings. In such cases, the employ- ee shall be clearly informed that it is a verbal or writ- ten warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or dis- charge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sus- tained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. When such investiga- tion requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union ▇▇▇▇▇▇▇ and/or Union designate. The employee shall be reminded, with reasonable notice, by the Uni- versity, of this entitlement prior to the meeting.
(b) When an employee is to be disciplined (i.e. verbal warning, written warning...
DISCIPLINE, SUSPENSION AND DISCHARGE. 16.01 The University shall discipline, suspend, or discharge an employee for just cause.
DISCIPLINE, SUSPENSION AND DISCHARGE. 8.1 Where a supervisor intends to interview an employee for disciplinary purposes, the supervisor shall so notify the employee in advance of the purpose of the interview. An employee shall have the right to have a Union representative present at any disciplinary meeting and shall be informed of such right.
8.2 Unsatisfactory conduct and/or performance by an Employee may result in a written warning to the Employee. A written warning shall provide the specifics of the issue(s) that gave rise to the disciplinary action, shall provide direction regarding work performance expectations and a timeline for improvement, as well as indicating that further discipline or discharge may follow any similar infractions. A copy of the written warning shall be placed on the Employee’s personnel file. A copy of the written warning shall be forwarded to the Union. An employee considered by the Union to be wrongfully or unjustly disciplined shall be entitled to a hearing commencing with Step 2 of the grievance procedure.
8.3 The Employer may suspend or discharge any employee for just cause. An employee considered by the Union to be wrongfully or unjustly suspended or discharged shall be entitled to a hearing commencing with Step 3 of the grievance procedure.
8.4 A copy of any report on or evaluation of, an employee that is to become part of the employee's record shall be given to the employee. The employee's written reply or comments in regard to such a report or evaluation must also become part of the record. With thirty-six (36) hours’ notice, excluding weekends and General Holidays, an employee may examine and copy her file, with a union representative present if requested. File documents more than twenty-four (24) months old shall be purged and will not be used in disciplinary proceedings.
DISCIPLINE, SUSPENSION AND DISCHARGE. 20.01 Whenever an employee is requested to report for a disciplinary discussion with supervisory personnel, prior to any disciplinary action being taken or a grievance being lodged, such employee shall have a Union Representa- tive at such a meeting. For the purposes of this provision, “Union Repre- sentative” shall mean the ▇▇▇▇▇▇▇ for the particular work area or, if not available, any ▇▇▇▇▇▇▇ within the section or, if not available the Unit Chair. If no Union Representative is available, the employee shall not be disci- plined but may be removed from the workplace with pay until a disciplinary discussion can be held. Such removal from the workplace shall not be con- sidered to be disciplinary action.