Common use of Conviction Clause in Contracts

Conviction. If as a result of the finding of guilt of an employee, the penalty imposed upon such employee with respect thereto, or the statutory consequences thereof, are such as to interfere with the employee carrying out the normal duties of his/her position with the Corporation, the Corporation may remove the employee from that position. If there is no other employee in the Bargaining Unit who is qualified to do the work of such position and who wishes to move into such position, the employee who has been found guilty shall not have the right to displace any other employee and the employee shall be laid off and have a right of recall from layoff into either the CUPE 197 or CUPE 1385 Bargaining Units. However, if there is another employee in the Bargaining Unit qualified to do the work of such position, and who wishes to move into such position, the employee who was found guilty and who was removed from his/her previous position as stated above may displace another employee in the same department with less seniority in a classification of Schedule "A" equal to or lower than his/her previous classification if, in the opinion of the Corporation, which shall be exercised in a reasonable manner, such employee is qualified to do the work in the position of the employee so displaced. In the alternative, he/she may displace an employee with less seniority in another department in a classification of Schedule "A" equal to or lower than his/her previous classification if, in the opinion of the Corporation, which shall be exercised in a reasonable manner, such employee is qualified to do the work done by the employee who is being displaced. A person so displaced may in turn displace another employee in the manner set forth in Article 9(d) of the Collective Agreement. In the alternative, the employee may request a leave of absence under the general leave provisions of the Collective Agreement.

Conviction. If as a result of the finding of guilt of an employee, the penalty imposed upon such employee with respect thereto, or the statutory consequences thereof, are such as to interfere with the employee carrying out the normal duties of his/her their position with the Corporation, the Corporation may remove the employee from that position. If there is no other employee in the Bargaining Unit who is qualified to do the work of such position and who wishes to move into such position, the employee who has been found guilty shall not have the right to displace any other employee and the employee shall be laid off and have a right of recall from layoff into either the CUPE 197 or CUPE 1385 Bargaining Units. However, if there is another employee in the Bargaining Unit qualified to do the work of such position, and who wishes to move into such position, the employee who was found guilty and who was removed from his/her their previous position as stated above may displace another employee in the same department with less seniority in a classification of Schedule "A" equal to or lower than his/her their previous classification if, in the opinion of the Corporation, which shall be exercised in a reasonable manner, such employee is qualified to do the work in the position of the employee so displaced. In the alternative, he/she they may displace an employee with less seniority in another department in a classification of Schedule "A" equal to or lower than his/her their previous classification if, in the opinion of the Corporation, which shall be exercised in a reasonable manner, such employee is qualified to do the work done by the employee who is being displaced. A person so displaced may in turn displace another employee in the manner set forth in Article 9(d) of the Collective Agreement. In the alternative, the employee may request a leave of absence under the general leave provisions of the Collective Agreement.