Common use of HANDLING OF DISCHARGES Clause in Contracts

HANDLING OF DISCHARGES. AND SUSPENSIONS (a) In cases of: (1) proven dishonesty; (2) drinking of alcoholic ▇▇▇- erages while on duty; (3) recklessness resulting in a serious acci- dent while on duty; (4) the carrying of unauthorized passengers; (5) unprovoked assault on an employee or a supervisory employee while on duty; (6) selling, transporting or use of illegal narcotics while in the employment of the Employer; or (7) willful, wanton or malicious damage to the Employer’s property, shall be discharge- able offenses without the necessity of a warning letter being in ef- fect. The parties recognize that in some areas covered by this agreement, disputes exist as to the use of “proven dishonesty” as a basis for off-roll discharges. The parties do agree, however, that failure to follow methods, procedures, and/or instructions is not proven dishonesty. Any Local Union having continual disputes with the Company in a particular building regarding proven dis- honesty shall first attempt resolution with the appropriate labor manager. If the issue cannot be resolved, it shall be immediately referred to the Co-Chairs of the Western Region of Teamsters/UPS Negotiating Committee for immediate resolution. Those individu- als shall have the power to impose an appropriate remedy. (b) Within ten (10) days of the occurrence of the alleged cause for discharge or suspension, the Employer shall give written notice by certified mail to the employee and to the Local Union of its decision to discharge or suspend the employee, and such notice shall set forth the reason or reasons for the discharge or suspension. All suspension and discharge letters shall accurately set forth all rele- vant dates, Articles and violations relied upon by the Company for the disciplinary action being taken. If the Employer fails to give such written notice within the specified ten (10) day period, the right to discharge or suspend for that particular reason shall be waived. But this shall not preclude the Employer from introducing as evidence, should a subsequent discharge or suspension occur, any reason or reasons to substantiate unsatisfactory work perfor- ▇▇▇▇▇ arising out of circumstances which occurred during the nine

HANDLING OF DISCHARGES. AND SUSPENSIONS (a) In cases of: (1) proven dishonesty (It is understood that failure to accurately recall details during investigatory interviews, bona fide errors or mistakes, or simple methods errors do not constitute proven dishonesty); (2) drinking of alcoholic ▇▇▇- erages beverages while on duty; (3) recklessness resulting in a serious acci- dent accident while on duty; (4) the carrying of unauthorized passengers; (5) unprovoked assault on an employee or a supervisory employee while on duty; (6) selling, transporting trans- porting or use of illegal narcotics while in the employment of the Employer; or (7) willful, wanton or malicious damage to the EmployerEm- ployer’s property, shall be discharge- able dischargeable offenses without the necessity neces- sity of a warning letter being in ef- fecteffect. The parties recognize that in some areas covered by this agreement, disputes exist as to the use of “proven dishonesty” as a basis for off-roll discharges. The parties do agree, however, that failure to follow methods, procedures, and/or instructions is not proven dishonesty. Any Local Union having continual con- tinual disputes with the Company in a particular building regarding proven dis- honesty dishonesty shall first attempt resolution with the appropriate labor manager. If the issue cannot be resolved, it shall be immediately immediate- ly referred to the Co-Chairs of the Western Region of Teamsters/UPS Negotiating Committee for immediate resolution. Those individu- als individuals shall have the power to impose an appropriate remedy. (b) Within ten (10) days of the occurrence of the alleged cause for discharge or suspension, the Employer shall give written notice by certified mail to the employee and to the Local Union of its decision to discharge or suspend the employee, and such notice shall set forth the reason or reasons for the discharge or suspension. The Employer shall not unduly delay its just cause investigation. All suspension and discharge letters shall accurately set forth all rele- vant dates, Articles and violations relied upon by the Company for the disciplinary action being taken. If the Employer fails to give such written notice within the specified ten (10) day period, the right to discharge or suspend for that particular reason shall be waived. But this shall not preclude the Employer from introducing as evidence, should a subsequent discharge or suspension occur, any reason or reasons to substantiate unsatisfactory work perfor- ▇▇▇▇▇ arising out of circumstances which occurred during the nine