Common use of CONTROL AND DISCHARGE Clause in Contracts

CONTROL AND DISCHARGE. 1. The Employer shall have the sole right to direct and control his employees. Employer reserves the right, which right is hereby recognized by the Union, to hire, retain, promote, demote, transfer, lay off, suspend, discharge or rehire according to the requirements of the business and according to skill and efficiency, giving due consideration to seniority. Employer shall have the unquestioned right to suspend or discharge employee for actions such as, but not limited to, dishonesty, willful misconduct, incompetence, drinking or drunkenness on the job, insubordination, other good cause, or participation in a proven, deliberate slowdown, work stoppage, or strike or violation of this Agreement; provided, however, the Union does not waive its right to grieve and arbitrate, nor is this section intended to affect the Employer’s burden of proving just cause when, in its opinion, there has been a flagrant miscarriage of justice.

Appears in 4 contracts

Samples: Collective Bargaining Agreement (Tropicana Entertainment Inc.), Memorandum of Understanding (Tropicana Entertainment Inc.), Memorandum of Understanding (Tropicana Entertainment Inc.)

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CONTROL AND DISCHARGE. 1. The 4.1 Employer shall have the sole right to direct and control his its employees. Employer reserves the right, which right is hereby recognized by the Union, to hire, retain, promote, demote, transfer, lay offlayoff, suspend, discharge discharge, or rehire according to the requirements of the business and according to skill and efficiency, giving due consideration to seniority. Employer shall have the unquestioned right to suspend or discharge employee employees for actions such as, as but not limited to, to dishonesty, willful misconduct, incompetence, drinking or drunkenness on the job, insubordination, other good causecauses, or participation in a proven, deliberate slowdown, work stoppage, or strike or in violation of this Agreementsettlement; provided, however, the Union does not waive its right to grieve and arbitrate, nor is this section intended to affect the Employer’s burden of proving just cause when, in its opinion, there has been a flagrant miscarriage of justice.

Appears in 1 contract

Samples: Memorandum of Understanding (Tropicana Entertainment Inc.)

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