Common use of Procedures for Discipline and Dismissal Clause in Contracts

Procedures for Discipline and Dismissal. a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation by the Board or any representative of the Board, for any cause, the employee shall be advised in writing of that fact in a timely manner, and shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. This clause shall not apply to investigations of teacher competence, which shall be dealt with according to Article C.22 (TEACHER PERFORMANCE APPRAISALS).

Appears in 2 contracts

Sources: Local and Provincial Matters Agreement, Local and Provincial Matters Agreement

Procedures for Discipline and Dismissal. a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s employee‘s file may be presented unless the material was brought to the employee’s employee‘s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation by the Board or any representative of the Board, for any cause, the employee shall be advised in writing of that fact in a timely manner, and shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. This clause shall not apply to investigations of teacher competence, which shall be dealt with according to Article C.22 (TEACHER PERFORMANCE APPRAISALS).

Appears in 2 contracts

Sources: Local and Provincial Matters Agreement, Local and Provincial Matters Agreement

Procedures for Discipline and Dismissal. a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education Trustees shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation by the Board or any representative of the Board, for any cause, the employee shall be advised in writing of that fact in a timely manner, and shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. This clause shall not apply to investigations of teacher competence, which shall be dealt with according to Article C.22 (TEACHER PERFORMANCE APPRAISALS).

Appears in 1 contract

Sources: Local and Provincial Matters Agreement

Procedures for Discipline and Dismissal. a. The employer a) Except as provided in 9.5.g), the Employer shall not only dismiss an Employee after taking steps to correct a fault or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 behaviour of the School Act applies) nor dismiss any person bound Employee by this Agreement unless it haslesser forms of discipline beginning with a written warning. As a final step, prior the Employer shall notify the Employee in writing that failure to such action, held meet certain specific standards within a meeting specific period of time shall lead to dismissal. A copy of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union letter shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior sent to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation b) The Executive Director shall initiate discipline procedures by notifying the Board Employee in writing to meet with him or any representative her in the presence of the Board, for any cause, the employee appropriate manager and a Union ▇▇▇▇▇▇▇. The Employee shall be advised in writing of that fact in a timely manner, and shall be advised of have the right to be accompanied represented by a representative of the Union at any this meeting in connection with such investigationand the Executive Director shall inform the Employee of that right at the time that the Employee is notified of the meeting. This clause shall not apply to investigations Notice of teacher competence, which the meeting shall be dealt sent to the Employee, with according a copy to Article C.22 the Union, within twenty (TEACHER PERFORMANCE APPRAISALS20) days of the date the Employer knew of the occurrence of the matter giving rise to the discipline. The meeting shall take place within five (5) days of the written notification. An attempt shall be made at the meeting to resolve the matter in a manner satisfactory to all concerned. c) i) If no satisfactory solution is reached at the meeting provided for in 9.5.b), the Executive Director shall take one of the following actions if the intention is to proceed with discipline: (i) further investigate the alleged incident and, following the investigation, advise the Employee in writing, with a copy to the Union, of the disciplinary measure(s). The investigation must be completed within 20 days from the date of the meeting provided for in 9.5.b). However, and provided that the Employer has conducted the investigation with reasonable dispatch and with the agreement of the Union, the time for investigation and implementation of disciplinary measure may be extended if more time is required for the Employer to obtain or review further information or documents reasonably required to complete the investigation, or, (ii) advise the Employee in writing, with a copy to the Union, of the disciplinary measure(s).

Appears in 1 contract

Sources: Collective Agreement

Procedures for Discipline and Dismissal. a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no PDWHULDO IURP WKH HPSOR\HH¶V ILOH PD\ EURXJKW WR WKH HPSOR\HH¶V DWWHQWLRQ D material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation by the Board or any representative of the Board, for any cause, the employee shall be advised in writing of that fact in a timely manner, and shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. This clause shall not apply to investigations of teacher competence, which shall be dealt with according to Article C.22 (TEACHER PERFORMANCE APPRAISALS).

Appears in 1 contract

Sources: Local and Provincial Matters Agreement

Procedures for Discipline and Dismissal. a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officials of the Board and the Union. h. Where an employee is under investigation by the Board or any representative of the Board, for any cause, the employee shall be advised in writing of that fact in a timely manner, and shall be advised of the right to be accompanied by a representative of the Union at any meeting in connection with such investigation. This clause shall not apply to investigations of teacher competence, which shall be dealt with according to Article C.22 (TEACHER PERFORMANCE APPRAISALS).

Appears in 1 contract

Sources: Local and Provincial Matters Agreement