Common use of DISCHARGE AND DISCIPLINARY PROCEDURES Clause in Contracts

DISCHARGE AND DISCIPLINARY PROCEDURES. The Company shall not take disciplinary action without first warning the employee in the presence of a shop xxxxxxx, unless the circum- stances justify immediate suspension or discharge. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at step two of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a shop xxxxxxx, the Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disci- plined or discharged unjustly, the Company shall put him back on his job with no loss of seniority and shall pay the employee the amount he would have earned had he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter referred to such Board. In Service and Truck the time limits in Articles will be adjusted necessary to xxxxxxx or his but in no event to ten (10) day6 the date of the The shall provide the employee and the Union with a copy any verbal or written warning employee. Any reply by the employee shall become part of his record. record of any shall not referred to or used against him at any after twenty-four (24) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company. ARTICLE PROCEDURE

Appears in 1 contract

Samples: Bargaining Agreement

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DISCHARGE AND DISCIPLINARY PROCEDURES. The Company shall not take disciplinary action without first warning A claim by an employee that the employee has been unjustly discharged or suspended will be treated as a grievance if a written statement of such grievance is lodged with the Senior Coordinator of Employee Relations within (5) five working days after the occurrence of the matter which is the subject of the grievance. Such grievance may be settled under the grievance procedure, including arbitration, provided by this Agreement, commencing with Stage Three. If the Board censures an employee in such a manner as to indicate that a repetition of any offence or failure to may lead to employee's discharge, it shall prepare a written memorandum thereof and give a copy thereof to the employee and to the Recording Secretary of Local Union. In the event that the Board intends to suspend an employee for more than part of a day or to discharge the employee, the employee's immediate supervisor, or designate of the Board shall inform such employee that a xxxxxxx may be present. Failure to so inform the employee shall the validity of the suspension or discharge. Employee Human Resources File: At the written request of an employee, the Board shall, within (5) five days, allow the employee to inspect the employee's Human Resources file with prior arrangement made with the Superintendent of Education, Human Resources or designate. Such inspection may be made up to twice a year and shall be in the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a shop xxxxxxxpart of such file provided such response is made within five (5) days from the date when the employee inspected the file. The employee's personnel shall be defined herein as such file containing the employee's official work record including all references to performance, unless evaluation, and discipline. Employees shall be responsible to insure such official file reflects their up-to-date qualifications and awards. Where the circum- stances justify immediate suspension or discharge. In Board issues an adverse report concerning an employee, such employee may, if the event employee acknowledges receipt of a claim that copy of such report, file a reply thereto with the Board within ten (10) days from such receipt and such reply shall become a part of the employee's file. Where an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at step two of the Grievance Procedure within a clear record for three (3) working days. Warnings shall be given in writing and in the presence years following a threat of discharge, for one (1) year following a shop xxxxxxxsuspension or a written or oral warning, the Company and the Union agree that disciplinary penalties shall employee's prior record will not be imposed unreasonably or unjustly. If it is determined or agreed at used against the employee in any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disci- plined or discharged unjustlysubsequent discipline, the Company shall put him back corresponding documents will be removed from the file. However, if the incident has a direct impact on his job the employee's relationship with no loss of seniority and shall pay the employee the amount he would have earned had he been workingstudents, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if may retain the matter referred to such Board. In Service and Truck the time limits in Articles will be adjusted necessary to xxxxxxx or his but in no event to ten record for (105) day6 the date of the The shall provide the employee and the Union with a copy any verbal or written warning employee. Any reply by the employee shall become part of his record. record of any shall not referred to or used against him at any after twenty-four (24) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company. ARTICLE PROCEDUREyears.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE AND DISCIPLINARY PROCEDURES. The Company shall not take disciplinary action without first warning A claim by an employee that the employee has been unjustly discharged or suspended will be treated as a grievance if a written statement of such grievance is lodged with the Superintendent of Education, Personnel within five days after the occurrence of the matter which is the subject of the grievance. Such grievance may be settled under the grievance procedure, including arbitration, provided by this Agreement, with Stage Three. If the Board censures an employee in such a manner as to indicate that a repetition of any offence. or failure to perform may lead to the employee's discharge, it shall prepare a written memorandum thereof and give a copy thereof to the employee and to the Recording Secretary of the Local Union. At the written request of an employee, the Board shall, within days, allow the employee to inspect the employee's personnel file with prior arrangement made with the Superintendent of Education, Personnel or designate. Such inspection may be made up to twice a year and shall be in the presence of such Superintendent or designate. The response to anything contained in such file shall become a shop xxxxxxxpart of such file provided such response is made within five (5) days from the date when the employee inspected the file. The employee's personnel file shall be defined herein as such file containing the employee's official work record including all references to performance, unless evaluation, and discipline. Where the circum- stances justify immediate suspension or discharge. In Board issues an adverse report concerning an employee, such employee may, if the event employee acknowledges receipt of a claim that an employee has been discharged or suspended unjustly or unreasonablycopy of such report, the grievance shall be filed at step two of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of file a shop xxxxxxx, the Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disci- plined or discharged unjustly, the Company shall put him back on his job reply thereto with no loss of seniority and shall pay the employee the amount he would have earned had he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter referred to such Board. In Service and Truck the time limits in Articles will be adjusted necessary to xxxxxxx or his but in no event to within ten (10) day6 the date days from such receipt and such reply shall become a part of the The shall provide the employee's file. Where an employee and the Union with has a copy any verbal or written warning employee. Any reply by the employee shall become part clear record for three years following a threat of his record. record of any shall not referred to or used against him at any after twenty-four (24) months following such action. Failure to grieve previous disciplinedischarge, or to pursue any grievance to Arbitration, shall not be con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company. ARTICLE PROCEDUREone

Appears in 1 contract

Samples: negotech.labour.gc.ca

DISCHARGE AND DISCIPLINARY PROCEDURES. The Company A claim by an employee that the employee has been unjustly discharged or suspended for more than part of a day be treated as a grievance if a written statement such grievance is lodged at Stage Three within five (5) days of the discharge or suspension. Such written statement shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not take disciplinary action without first warning prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. At the written request of an employee the Board shall, within days, allow the employee to inspect the personnel file with prior arrangement made with the Superintendent of Education, Personnel or designate. Such inspection may be made up to twice a year and shall be the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a part of such file provided such response is made within five (5) days from the date when the employee inspected the file. The employee's personnel file shall be defined herein as such file containing the employee's official work record including all references to performance, evaluation, and discipline. Where an employee has a clear record for three (3) years following a threat of discharge, for one (1) year following a suspension or a written or oral warning, the prior record shall be destroyed and not be used against the employee in any subsequent discipline. Where the presence Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a shop xxxxxxxcopy of such report, unless file a reply thereto with the circum- stances justify immediate suspension or dischargeBoard within ten (10) days from such receipt and such reply shall become a part of the employee's file. In the event the Board intends to give an employee a written reprimand, suspend the employee for more than part of a claim that an employee has been discharged day or suspended unjustly or unreasonablydischarge the employee, the grievance shall be filed at step two of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a shop xxxxxxx, the Company and the Union agree that disciplinary penalties shall not be imposed unreasonably immediate supervisor or unjustly. If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disci- plined or discharged unjustly, the Company shall put him back on his job with no loss of seniority and shall pay the employee the amount he would have earned had he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion designate of the Board shall inform such employee prior to the occurrence of Arbitration if the matter referred to such Board. In Service and Truck the time limits in Articles will be adjusted necessary to xxxxxxx or his but in no event to ten (10) day6 the date of the therefor and that a xxxxxxx may be present. The shall provide the employee and the Union with absence of a copy any verbal or written warning employee. Any reply by the employee shall become part of his record. record of any xxxxxxx shall not referred to or used against him at any after twenty-four (24) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to affect the time limits in Article Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations validity of the Company’s Rules reprimand, suspension or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company. ARTICLE PROCEDUREdischarge.

Appears in 1 contract

Samples: Collective Agreement

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DISCHARGE AND DISCIPLINARY PROCEDURES. The Company A claim by an employee that the employee has been unjustly discharged or suspended for more than part of a day will be treated as a grievance if a written statement of such grievance is lodged at Stage Three within five days of the discharge or suspension. Such written statement shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not take disciplinary action without first warning prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. At the written request of an employee the Board shall, within days, allow the employee to inspect the employee's personnel file with prior arrangement made with the Superintendent of Education, Personnel or designate. Such inspection may be made up to twice a year and shall be in the presence of such Superintendent or designate. The employee's response to anything contained in such file shall become a shop xxxxxxxpart of such file provided such response is made within five days from the date when the employee inspected the file. The personnel file shall be defined herein as such file containing the official work record including all references to performance, unless evaluation, and discipline. Where an employee has a clear record for three years following a threat of discharge, for one year following a suspension or a written or oral warning, the circum- stances justify employee's prior record shall be destroyed and not be used against the employee in any subsequent discipline. Where the Board issues an adverse report concerning an employee, such employee may, if the employee acknowledges receipt of a copy of such report, file a reply thereto with the Board within ten (10) days from such receipt and such reply shall become a part of the employee's file. In the event the Board intends to give an employee a written reprimand, suspend the employee for more than part of a day or discharge the employee, the immediate supervisor or designate of the Board shall inform such employee prior to the occurrence of such of the therefor and that a xxxxxxx may be present. The absence of a xxxxxxx shall not affect the validity of the reprimand, suspension or discharge. In the event of a claim that an employee has been discharged or suspended unjustly or unreasonably, the grievance shall be filed at step two of the Grievance Procedure within three (3) working days. Warnings shall be given in writing and in the presence of a shop xxxxxxx, the Company and the Union agree that disciplinary penalties shall not be imposed unreasonably or unjustly. If it is determined or agreed at any step of the Grievance Procedure or decided by a Board of Arbitration that any employee has been disci- plined or discharged unjustly, the Company shall put him back on his job with no loss of seniority and shall pay the employee the amount he would have earned had he been working, or by any other arrangement as to compensation, including reinstatement without pay, which is just and equitable in the opinion of the parties or in the opinion of the Board of Arbitration if the matter referred to such Board. In Service and Truck the time limits in Articles will be adjusted necessary to xxxxxxx or his but in no event to ten (10) day6 the date of the The shall provide the employee and the Union with a copy any verbal or written warning employee. Any reply by the employee shall become part of his record. record of any shall not referred to or used against him at any after twenty-four (24) months following such action. Failure to grieve previous discipline, or to pursue any grievance to Arbitration, shall not be con- sidered to be an admission that such discipline was justified. Any Grievance shall be subject to the time limits in Article Employees while absent from work because of illness or injury shall not be subject to any disciplinary procedure during the period of their disability for any alleged violations of the Company’s Rules or this Collective Agreement, subject to the limitations detailed in medical documents supplied to the Company. ARTICLE PROCEDUREARTICLE

Appears in 1 contract

Samples: Clerical and Technical Employees

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