Common use of In cases of Clause in Contracts

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 beverages while on duty; (3) recklessness resulting in a serious 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 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 dischargeable offenses without the necessity of a warning letter being in effect. 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 dishonesty 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 individuals shall have the power to impose an appropriate remedy.