Common use of ARTICLE DISCIPLINE Clause in Contracts

ARTICLE DISCIPLINE. An employee may be disciplined by oral or written reprimand, suspension with pay, suspension without pay, or discharge. No employee who has completed his probationary period shall be disciplined by written reprimand, by suspension without pay, or by discharge except for just cause. Performance reviews shall not be considered as written reprimands. An oral or written reprimand or suspension with pay may be administered by an employee's immediate supervisor. Suspension without pay or discharge may be administered by the Deputy Head, Acting Deputy Head, Chief Executive Officer, or Acting Chief Executive Officer of the employee's Department, Board, Commission, or Agency. Where an employee is disciplined by suspension or discharge, the Employer shall, within ten working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates. A suspension without pay shall be for a specified period of time. A suspension without pay or discharge shall be effective on the date the employee is given oral notice or notice in writing by personal service, or the postmarked date of the letter when notice is given by registered mail. Failure of the Employer to provide such written reasons as required by clause shall result in immediate reinstatement of the employee. Where an employee alleges that he has been suspended or discharged in violation of clause he may within twenty (20) days of the date of his suspension or discharge invoke the grievance procedure including adjudication as set out in this agreement and for the purpose of a grievance alleging violation of clause he shall lodge his grievance at the final level of the grievance procedure. The employee shall, when grieving a disciplinary action, state the nature of each act or omission complained of and should include where relevant such reference to the statute, regulation, departmental order, collective agreement or arbitral award alleged to have been violated or misinterpreted as well as the nature of the alleged violation or misinterpretation. Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article then the employee shall be immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits which he shall not lose is his regular pay during the period of suspension or discharge, which shall be paid to him at the end of the next complete pay period following his reinstatement. Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file. All references to disciplinary action taken against the employee shall be removed after eighteen (1 months from the date of the imposition of the discipline provided there has been no other incident of disciplinary action in the respect of the employee recorded in that period. Where the employer schedules a meeting with an employee with the intention of discussing disciplinary action, as per Article hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time limits, arrange to have a Union representative attend the An employee shall be considered to be on probation for a period of six (6) months immediately following the date on which the person reports to the Deputy Head for duty, provided that on the expiration of such period of six (6) months the Deputy Head may extend the probationary period for further periods of three (3) months, but the total probationary period shall not exceed twelve (12) months. An employee who has completed his probationary period shall have his seniority dated back to the date on which his continuous service began. Where an employee is promoted or transferred out of the Bargaining Unit and is returned within a period of six months he shall return to his former classification and he shall not suffer any loss of seniority as a result of the temporary promotion or transfer.

ARTICLE DISCIPLINE. For the purpose of this article Supervisor in the case of a school shall mean the Principal. (The following clause does not apply to supply employees) District School Board will administer discipline in a mannerconsistent with the concept of progressive discipline. Discipline will be employed to improperconduct or poor performance. An opportunity will be provided for the disciplinedemployee the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normalprogressive discipline process. Employees must be aware potentialdisciplinary actions will be invokedby the employer for misconduct or unacceptable work Supervisors are responsible for addressingpotential situations that might draw discipline. Employees who am behaving orperformingin a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by supervisor. Supervisors are expected to investigate offenses and problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediatelyjustified if the situationis beyondthe employee's control. The has a responsibilityto inform the employee may be disciplined by oral or written reprimandof the lack of adequate and, suspension with pay, suspension without pay, or discharge. No in the case of an employee who has completed his the probationary period shall be disciplined by written reprimandperiod, by suspension without paygive them a reasonable time to improve, or by discharge except for just offer the employee training opportunities and provide suitable counselling. If the individualcontinues inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee cause. Performance reviews shall not be considered as written reprimands. An oral or written reprimand or suspension with pay may be administered by an employee's immediate supervisor. Suspension without pay or discharge may be administered by the Deputy Head, Acting Deputy Head, Chief Executive Officer, or Acting Chief Executive Officer of the employee's Department, Board, Commission, or Agency. Where an employee is disciplined by suspension or discharge, the Employer shall, within ten working days from the date of such discipline, provide the employee with written reasons for such disciplinary action including any relevant dates. A suspension without pay shall be for a specified period of time. A suspension without pay or discharge shall be effective on the date the employee is given oral notice or notice in writing by personal service, or the postmarked date of the letter when notice is given by registered mail. Failure of the Employer to provide such written reasons as required by clause shall result in immediate reinstatement of the employee. Where an employee alleges that he has been suspended or discharged in violation of clause he may within twenty (20) days of the date of his suspension or discharge invoke the grievance procedure including adjudication as set out in this agreement and for the purpose of a grievance alleging violation of clause he shall lodge his grievance at the final level of the grievance procedure. The employee shall, when grieving a disciplinary action, state the nature of each act or omission complained of and should include where relevant such reference to the statute, regulation, departmental order, collective agreement or arbitral award alleged to have been violated or misinterpreted as well as the nature of the alleged violation or misinterpretation. Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article then the employee shall be immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits which he shall not lose is his regular pay during the period of suspension or discharge, which shall be paid to him at the end of the next complete pay period following his reinstatement. Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the employee’s personnel file. All references to disciplinary action taken against the employee shall be removed after eighteen (1 months from the date of the imposition of the discipline provided there has been no other incident of disciplinary action in the respect of the employee recorded in that period. Where the employer schedules a meeting with an employee with the intention of discussing disciplinary action, as per Article hereof, the employee shall be advised in advance in order that the employee may, at the employee’s option and within reasonable time limits, arrange right to have a Union representative attend present at disciplinary meetings with the An The Board will notify the employee in advance of a disciplinary meetingand the employee's right to have Union representation at the meeting. The Union has the right to have a representative of the Office and Professional Employees InternationalUnion present at all disciplinary meetings. When an employee has been dismissed, the employee shall be considered to be on probation have the opportunity of interviewing a union representative in private for a reasonable period of six (6) months immediately following time before leaving the date on which the person reports to the Deputy Head for duty, provided that on the expiration of such period of six (6) months the Deputy Head may extend the probationary period for further periods of three (3) months, but the total probationary period shall not exceed twelve (12) monthsBoard premises. An employee who has completed his probationary period shall have his seniority dated back to the date on which his continuous service began. Where A claim by an employee is promoted for unjust suspension or transferred out discharge shall be treated as a grievance and handled in accordance with Article commencing at The "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of any letter of discipline, suspension, or discharge sent to a union member. The Union will be notified within five (5) working days of the Bargaining Unit and is returned within a period employee's receipt of six months he shall return to his former classification and he shall not suffer any loss of seniority as a result of the temporary promotion or transfersaid letter.

ARTICLE DISCIPLINE. An employee The Society may be disciplined by oral discharge, suspend, demote or written reprimand, suspension with pay, suspension without pay, or discharge. No employee otherwise discipline employees who has have successfully completed his their probationary period shall be disciplined by written reprimand, by suspension without pay, or by discharge except for just cause. Performance reviews shall not be considered as written reprimands. An oral or written reprimand or suspension with pay Certain offenses are of such gravity and importance that the Society may be administered by an employee's immediate supervisor. Suspension without pay or discharge may be administered by impose the Deputy Head, Acting Deputy Head, Chief Executive Officer, or Acting Chief Executive Officer specific penalty of the employee's Department, Board, Commission, or Agencydischarge. Where the dismissal of an employee is disciplined by suspension made the subject of a grievance which proceeds to arbitration and the dismissal is for one or more of these serious offenses, the Society shall be required to establish, on a balance of probabilities, that the Employee committed the offence. Where the Society establishes that the employee committed the offense, then the Arbitrator or Arbitration Board, as the case may be, shall not inquire into the penalty imposed. The offenses which are considered to warrant the treatment set out above are: Assaulting or abusing a Client or care member; Theft of property from a Client, care member or the Society. Nothing in this clause shall limit the Society in imposing discipline, up to and including discharge, for any other offense, subject to the Employer shall, within ten working days from other terms of this collective agreement. Whenever the date of such Society formally imposes discipline, provide of at least the written warning level, on an employee, the employee shall have the right, upon request, to the presence of a union ▇▇▇▇▇▇▇. Where the Society decides to hold a meeting with written reasons for such disciplinary action including any relevant dates. A suspension without pay an employee, to investigate a matter that may result in discipline or imposes discipline on an employee, the Society shall be for a specified period of time. A suspension without pay or discharge shall be effective on the date advise the employee is given oral notice or notice in writing by personal service, or the postmarked date of the letter when notice is given by registered mail. Failure of the Employer to provide such written reasons as required by clause shall result in immediate reinstatement of the employee. Where an employee alleges that he has been suspended or discharged in violation of clause he may within twenty (20) days of the date of his suspension or discharge invoke the grievance procedure including adjudication as set out in this agreement and for the purpose of a grievance alleging violation the meeting in advance and shall further advise the employee of clause he shall lodge his grievance her right to request the presence of the union ▇▇▇▇▇▇▇ at the final level of the grievance proceduremeeting. The employee shall, when grieving a disciplinary action, state the nature of each act or omission complained of and should include where relevant such reference to the statute, regulation, departmental order, collective agreement or arbitral award alleged to have been violated or misinterpreted as well as the nature of the alleged violation or misinterpretation. Where it is determined that If an employee has been disciplined by suspension without pay or by discharge in violation of Article then the employee shall be immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been is suspended or discharged. One of , the benefits which he Society shall not lose is his regular pay during notify the period union in writing within working days following the date of suspension or discharge, which shall be paid to him at the end . All records of the next complete pay period following his reinstatement. Pending investigation of an incident, an employee may be relieved of duties and required to leave the premises of the establishment in which the employee works during which time the employee shall continue disciplinary action are to be paid. Unless the investigation results in disciplinary action, no record of the incident will be placed in the removed from an employee’s personnel file. All references to disciplinary action taken against the employee shall be removed after file eighteen (1 18) months from the date of the imposition of the discipline provided there has been no other incident of further disciplinary action in the respect of the employee recorded in that during this eighteen (18) month period. Where the employer schedules a meeting with an employee with fails to report for a scheduled work assignment without notifying the intention of discussing disciplinary actionSociety in advance, as per Article hereof, unless such notice could not reasonably be given (it being understood that forgetting the employee shall be advised in advance in order assignment is not a reasonable excuse for failing to so notify) the Society may impose the following specific penalties: a one (1) working day suspension on the first occasion that the employee may, at the employee’s option fails to report for work; and within reasonable time limits, arrange to have a Union representative attend the An employee shall be considered to be on probation for a period of six (6) months immediately following the date on which the person reports to the Deputy Head for duty, provided that on the expiration of such period of six (6) months the Deputy Head may extend the probationary period for further periods of three (3) monthsworking day suspension on the second occasion that the employee fails to report for work; and a five (5) working day suspension on the third occasion that the employee fails to report for work; and discharge from employment on any further occasion that the employee fails to so report for work. Where a suspension or discharge for this offense is made the subject of a grievance which proceeds to arbitration, but the total probationary period Society shall be required to establish, on a balance of probabilities, that the employee failed to report for a scheduled work assignment and that the employee did not advise the Society of their absence in advance. Where the Society establishes that the employee failed to report and did not advise the Society in advance, and the Union does not establish, on balance of probabilities, that the employee could not reasonably have given notice to the Society, then the arbitrator or the arbitration board, as the case may be, shall not exceed twelve (12) monthsinquire into the penalty imposed. An employee who has completed his probationary period It is understood that offenses under this clause shall have his seniority dated back be subject to the date on which his continuous service began. Where an employee is promoted or transferred out of the Bargaining Unit and is returned within a period of six months he shall return to his former classification and he shall not suffer any loss of seniority as a result of the temporary promotion or transfer.Article