Common use of SUMMARY ACTIONS Clause in Contracts

SUMMARY ACTIONS. A. The Employer shall not discharge nor suspend any employee without just cause, and prior to suspension shall give at least one verbal warning, one written warning notice, and one written final notice of the complaints against the employee to the employee, with a copy of the same to the Union and Delegate. The above procedure must also have been followed prior to discharge. However, no verbal warning, written notice or suspension need to be given to any employee before they are discharged or suspended, if during the work day such employee is convicted of any felony as defined by the Penal Code of Puerto Rico or is involved in any of the following: the sale, use, or possession of illegal drugs; reporting for duty under the influence of alcohol or illegal drugs as proven by medical examination; drinking alcoholic beverages during working hours including the meal period; or initiating attacks or aggressions against fellow employees, customers, members of the general public, supervisors or security guards, or participating in such actions other than for the purpose of defending oneself from physical attack; theft, larceny, or falsification of Company or customer documents; reckless or negligent handling of company equipment; malicious damage to customer property, Company property or property in the Company's keep; serving as an impostor or posing as an employee, agent or representative of the Company with the purpose of defrauding the Company or customer, or for self-gain; recklessness or negligence resulting in a serious accident; an avoidable runaway accident; failure to promptly report or concealing a vehicle accident; the carrying of unauthorized passengers; failure to report when a driver's operating privilege or license has been suspended or revoked; theft of Company customer property; tampering with merchandise (as explained in the employee orientation tampering memo); C.O.D. or C.C.D. manipulation; or failure to remit monies on day collected (not intended to included bona fide errors or addition or subtraction). No employee will be taken out of service prior to a review of this infraction with the Union and the Division Manager or their designees in their absence. B. In sensitive cases where the Company's image may be affected, such as murder, forceful rape, or robbery, the Company shall confer with the Secretary Treasurer or their representatives in order to establish what is just and reasonable to protect both the Company's image and the employee's rights. C. The warning notice, including verbal, or suspension letter as herein provided shall not remain in effect for a period of more than seven (7) months from the date of said warning notice. All warning notices must be issued within ten (10) working days of the Employer's discovery of said infraction. The ten (10) working day time limit may be waived by mutual agreement between the Employer and the Union. D. Discharge or suspension must be by proper written notice to the employee affected, to the Union, and to the delegate. When warning letters and suspension letters have reached their expiration dates, such letters shall not be used in any future progressive disciplinary actions. The Company agrees not to use such letters in any future hearing or arbitration unless the Union or the employee introduces evidence that the employee's discipline should be mitigated due to the employee’s overall performance or length of service. If the arbitrator questions either Party or the employee about the employee's length of service, it shall not be construed as evidence introduced by the Union or the employee. E. An employee discharged or suspended without just cause will be paid for all time lost, unless otherwise mutually agreed upon between the Company and the Union. F. Suspension shall not exceed five days unless mutually agreed to by the Company and the Local Union, with the exception of serious vehicular accidents, when otherwise mutually agreed between the Company and the Union, or as determined by arbitration. G. An employee may request an investigation to attempt to prove that they are not at fault. If they are found to be not at fault, they shall be reinstated and such decision may provide full, partial, or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) working days by written notice. H. Except in cases involving cardinal infractions as outlined in (A) above, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until discharge or suspension is sustained under the grievance procedure including arbitration. The Union agrees it will not unreasonably delay the processing of such cases.

SUMMARY ACTIONS. A. a: The Employer shall not discharge nor suspend any employee without just cause, and prior to a suspension shall give at least one verbal warning, one written warning notice, and one written final notice of the complaints against the employee to the employee, with a copy of the same to the Union and Delegate. The above procedure must also have been followed prior to discharge. However, no verbal ver- bal warning, written notice or suspension need to be given to any employee before they are he is discharged or suspended, if as a result of actions during the work day such employee is convicted of any felony as defined by the Penal Code Codes of Puerto Rico St. ▇▇▇▇▇▇ or St. Croix, or if during the work day such employee is involved in any of the followingfol- lowing: the sale, use, or possession of illegal drugs; reporting for duty under the influence of alcohol or illegal drugs as proven by medical examination; drinking alcoholic beverages during working hours including the meal period; or initiating attacks or aggressions against fellow employees, customers, members of the general publicpub- lic, supervisors or security guards, or participating in such actions other than for the purpose of defending oneself from physical attack; theft, larceny, or falsification of Company or customer documentsdoc- uments; reckless or negligent handling of company equipment; soliciting retribution or tips for services; malicious damage to customer cus- tomer property, Company property or property in the Company's ’s keep; serving as an impostor or posing as an employee, agent or representative rep- resentative of the Company with the purpose of defrauding the Company or customer, or for self-self gain; recklessness or negligence resulting in a serious accident; an avoidable runaway accident; failure to promptly report or concealing a vehicle accident; the carrying of unauthorized passengers; allowing unauthorized persons in the Company vehicle; failure to report when a driver's ’s operating privilege privi- lege or license has been suspended or revoked; theft of Company or customer property; tampering with merchandise (as explained in the employee orientation tampering memo); C.O.D. or C.C.D. manipulation; manipulation or failure to remit monies on day collected (not intended to included include bona fide errors or of addition or subtraction); or intentional failure to collect C.O.D. or required cash funds at the time of delivery. No This list of infractions is not intended to be all inclusive as there may be other offenses of equal seriousness. With regard to intentional fail- ure to collect COD or other required cash funds at the time of deliv- ery, no employee will be taken out of service prior to a review of this infraction with the Union and the Division Manager or their designees his designee in their his absence. B. b: In sensitive cases where the Company's ’s image may be affected, as a result of off duty conduct such as murder, forceful rape, or robberyrob- bery, the Company shall confer with the Secretary Treasurer or their his representatives in order to establish what is just and reasonable to protect both the Company's ’s image and the employee's ’s rights. C. c: The warning notice, including verbal, notice or suspension letter as herein provided shall not remain in effect for a period of more than seven (7) months from the date of said warning notice. All warning notices must be issued within ten (10) working days of the Employer's ’s discovery of said infraction. The ten (10) working day time limit may be waived by mutual agreement between the Employer and the Union. D. d: Discharge or suspension must be by proper written notice to the employee affected, to the Union, Union and to the delegate. Delegate. e: When warning letters and suspension letters have reached their expiration dates, such letters shall not be used in any future progressive progres- sive disciplinary actions. The Company agrees not to use such letters let- ters in any future hearing or arbitration unless the Union or the employee introduces evidence that the employee's ’s discipline should be mitigated due to the employee’s overall performance or length of service. If the arbitrator questions either Party or the employee about the employee's ’s length of service, it shall not be construed as evidence introduced by the Union or the employee. E. f: An employee discharged or suspended without just cause will be paid for all time lost, unless otherwise mutually agreed upon between the Company and the Union. F. g: Suspension shall not exceed five days unless mutually agreed to by the Company and the Local Unionexceed, one (1) day, with the exception of serious vehicular accidents, when otherwise mutually agreed between the Company and the Union, or as determined by arbitrationarbitra- tion. G. h: An employee may request an investigation to attempt to prove that they are he is not at fault. If they are he is found to be not at fault, they he shall be reinstated and such decision may provide full, partial, or no compensation com- pensation for time lost. Appeal from discharge or suspension must be taken within ten (10) working days by written notice. H. Except in cases involving cardinal infractions as outlined in (A) above, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until discharge or suspension is sustained under the grievance procedure including arbitration. The Union agrees it will not unreasonably delay the processing of such cases.

SUMMARY ACTIONS. A. The Employer shall not discharge nor suspend any employee without just cause, and prior to suspension shall give at least one verbal warning, one written warning notice, and one written final notice of the complaints against the employee to the employee, with a copy of the same to the Union and Delegate. The above procedure must also have been followed prior to discharge. However, no verbal warning, written notice or suspension need to be given to any employee before he is they are discharged or suspended, if during the work day such employee is convicted of any felony as defined by the Penal Code of Puerto Rico or is involved in any of the following: the sale, use, or possession of illegal drugs; reporting for duty under the influence of alcohol or illegal drugs as proven by medical examination; drinking alcoholic beverages during working hours including the meal period; or initiating attacks or aggressions against fellow employees, customers, members of the general public, supervisors or security guards, or participating in such actions other than for the purpose of defending oneself from physical attack; theft, larceny, or falsification of Company or customer documents; reckless or negligent handling of company equipment; malicious damage to customer property, Company property or property in the Company's keep; serving as an impostor or posing as an employee, agent or representative of the Company with the purpose of defrauding the Company or customer, or for self-gain; recklessness or negligence resulting in a serious accident; an avoidable runaway accident; failure to promptly report or concealing a vehicle accident; the carrying of unauthorized passengers; failure to report when a driver's operating privilege or license has been suspended or revoked; theft of Company customer property; tampering with merchandise (as explained in the employee orientation tampering memo); C.O.D. or C.C.D. manipulation; or failure to remit monies on day collected (not intended to included bona fide errors or addition or subtraction). No employee will be taken out of service prior to a review of this infraction with the Union and the Division Manager or his their designees in his their absence. B. In sensitive cases where the Company's image may be affected, such as murder, forceful rape, or robbery, the Company shall confer with the Secretary Treasurer or his their representatives in order to establish what is just and reasonable to protect both the Company's image and the employee's rights. C. The warning notice, including verbal, or suspension letter as herein provided shall not remain in effect for a period of more than seven (7) months from the date of said warning notice. All warning notices must be issued within ten (10) working days of the Employer's discovery of said infraction. The ten (10) working day time limit may be waived by mutual agreement between the Employer and the Union. D. Discharge or suspension must be by proper written notice to the employee affected, to the Union, and to the delegate. When warning letters and suspension letters have reached their expiration dates, such letters shall not be used in any future progressive disciplinary actions. The Company agrees not to use such letters in any future hearing or arbitration unless the Union or the employee introduces evidence that the employee's discipline should be mitigated due to the employee’s overall performance or length of service. If the arbitrator questions either Party or the employee about the employee's length of service, it shall not be construed as evidence introduced by the Union or the employee. E. An employee discharged or suspended without just cause will be paid for all time lost, unless otherwise mutually agreed upon between the Company and the Union. F. Suspension ▇. ▇▇▇▇▇▇▇▇▇▇ shall not exceed five days unless mutually agreed to by the Company and the Local Union, with the exception of serious vehicular accidents, when otherwise mutually agreed between the Company and the Union, or as determined by arbitration. G. An employee may request an investigation to attempt to prove that he is they are not at fault. If he they are found to be not at fault, he they shall be reinstated and such decision may provide full, partial, or no compensation for time lost. Appeal from discharge or suspension must be taken within ten (10) working days by written notice. H. Except in cases involving cardinal infractions as outlined in (A) above, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until discharge or suspension is sustained under the grievance procedure including arbitration. The Union agrees it will not unreasonably delay the processing of such cases.