DISCHARGE AND DISCIPLINE Sample Clauses
DISCHARGE AND DISCIPLINE. (a) No employee, who has acquired seniority, shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company’s decision or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitrator.
(b) The Owner agrees that whenever an interview is held with an employee regarding their work or conduct which becomes part of their record, the store xxxxxxx on duty or another bargaining unit employee who is at work chosen by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by the employee.
(a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Employer and one copy shall be emailed to the Union Office as soon as possible, but no more than seven (7) days of the incident giving rise thereto.
(b) A disciplinary warning or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved.
(c) Disciplinary warnings and/or reprimands which pre-date a disciplinary action by more than one (1) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. Notwithstanding, disciplinary warnings and/or reprimands arising from Harassment or Violence in the Workplace shall not be subject to this provision.
DISCHARGE AND DISCIPLINE. A. When the Employer deems it necessary to discipline/discharge an Employee, for just cause, the Employer shall inform the Employee and the Union of the allegation in writing in advance of a due process meeting. The Employee shall request Union representation. Employees who opt not to have Union representation shall sign a waiver of representation prior to any due process meeting. In the event an Employee opts not to have Union representation and refuse to sign the waiver, Union representation will be provided. At any time during the due process an employee can rescind their wavier of representation.
B. The employer agrees upon the discharge or suspension of a seniority employee to notify in writing the President of the Association of the discharge or suspension.
C. The discharged or suspended employee will be allowed to discuss the discharge with the Association representative of the department and the employer will make available an area where they may do so before said employee is required to leave the property of the employer. Upon request, the employer or its representative will discuss the discharge or suspension with the employee and the Association representative.
D. If the seniority employee and Association representative believes the discharge or suspension to be improper, they must file a written request for a review of this matter to the Superintendent/Designee. This request must be filed within five (5) regularly scheduled working days after the discharge or suspension is received by the employee or Association Representative. A meeting to hear this matter shall be scheduled within ten (10) working days of the written request.
E. The Superintendent/Designee shall give his/her answer within five (5) regularly scheduled working days after the hearing indicated in Section D above.
F. If the answer is not acceptable to the seniority employee, the matter may be referred to the grievance procedure commencing at Step Three within five (5) working days of the answer given by the Superintendent/Designee.
G. All concerns and complaints regarding any discharge or suspension of seniority employees must be processed as identified above; otherwise, it will not be a proper subject for the grievance procedure.
H. No material derogatory to an employee's conduct, service, character or personality shall be placed in their personnel file unless the employee has had an opportunity to read such material. The employee shall acknowledge that the material has been rea...
DISCHARGE AND DISCIPLINE a. After completion of the probationary period, employees may be discharged, disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have an EASMC representative present at any disciplinary conference.
b. Any written discipline shall include provision for the employee to sign that they have received the disciplinary material. The employee’s signature indicates that a copy has been received, not that the employee necessarily agrees with the content. The employee has 15 workdays to respond in writing to any disciplinary communication. For good cause, the Department of Human Resources may grant an extension of the time for the employee to respond to a disciplinary communication.
c. The principal, site administrator, or department head shall inform the employee in writing of the intent to recommend suspension or discharge.
d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt with at the lowest organizational level.
e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given a copy of the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will be required to sign the material acknowledging receipt of the copy.
f. In order to respect the rights of all persons involved, employees will be afforded due process.
g. Any parent, student, or other third person complaints made to any member of the administration that are used in any manner in evaluating such personnel will be investigated and called to their attention, unless the investigation is being conducted by a law enforcement agency or the Department of Social Services/Child Protective Services.
h. Anonymous complaints that have not been verified shall not be used against the employee in matters of discipline or evaluation.
i. Any non-probationary employee found by the Superintendent, the Board, or the Public School Employees Labor Relations Board to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all rights and conditions of employment.
j. Any information contained in the employee’s site file shall be shredded upon the permanent departure of a sitting site administrator from that site and prior to the arrival of th...
DISCHARGE AND DISCIPLINE. The right to discharge or discipline employees shall remain in the sole discretion of the Employer, but no discharge or discipline of seniority employees shall be made without just cause.
DISCHARGE AND DISCIPLINE. 9.01 No employee shall be discharged or disciplined except for just cause. Probationary employees may be terminated at the reasonable discretion of the Employer provided that its discretion is not exercised arbitrarily, in a discriminatory manner or in bad faith. This shall constitute a lesser standard than the just cause standard for discharge for such an employee for the purpose of Section 43.1 of the Ontario Labour Relations Act.
9.02 The Employer shall, as soon as possible, inform an employee in writing of the reasons for disciplinary action taken against him/her. An employee shall be entitled to a copy of any criticism, commendation, appraisal or rating of such employee's performance in his/her job that is placed in his/her file, and on an annual basis to read his/her personal file and have corrected any confirmed error of fact therein.
DISCHARGE AND DISCIPLINE. 5.01 No employee shall be discharged or disciplined except for just and sufficient cause. Discharge and discipline grievances may be settled by confirming the Employer’s decision or by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings, if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or a Board of Arbitration if the matter is referred to it. The Employer agrees that whenever an interview is held with an employee regarding his work or conduct which becomes part of his record, the store xxxxxxx shall be present at such interview. The xxxxxxx or Union representative will leave the meeting if requested to leave by the employee.
DISCHARGE AND DISCIPLINE. 5.01 The provisions contained in Article 5 of this Agreement affect all employees covered by this Appendix.
DISCHARGE AND DISCIPLINE. SECTION 1 In cases of discharge or discipline, a representative of Management shall give prompt notice to the employee and to the President of the Command Unit. Letters of warning shall be given to the employee affected and placed in the employee's personnel file.
SECTION 2 The affected employee shall be allowed to discuss his/her discharge or discipline with his/her xxxxxxx or any other Command Unit representative. Management will make available an area where he/she may do so if he/she is required to leave the premises.
A. In imposing any discipline on a current charge, Management will not take into account any prior infractions which occurred more than two (2) years previously nor impose discipline on an employee for falsification of his/her employment application after a period of two (2) years from his/her date of hire. If an employee completes two (2) years without a disciplinary action, letters of warning and/or suspension over two (2) years old shall be permanently removed from his/her personnel file upon request to the Director of Human Resources.
B. Every employee shall be entitled to and shall receive a copy of any and all notices, reports, complaints, or other information filed by an employee, supervisor, or any other City officer or department or division head in the employee's personnel file which relates to, is, or may be made the basis for disciplinary action up to and including the discharge of such employee by the City.
SECTION 4 If Management has the reason to warn or reprimand an employee, it shall be done in a manner that is consistent with good employee relationship principles.
SECTION 5 Management shall not discipline or discharge any employee except for just cause.
SECTION 6 Written notice of disciplinary action or discharge shall cite the specific sections of rules and regulations and/or appropriate law(s) or ordinance(s) which the employee is alleged to have violated.
SECTION 7 An employee against whom charges have been made by Management may be represented by Command Unit representatives designated by the Command Unit upon request of the employee.
DISCHARGE AND DISCIPLINE. 5.1 An employee, with seniority, who is discharged for any reason whatsoever, and feels that he/she has been unjustly dealt with, will be given an opportunity of meeting with his/her Committeeperson before he/she is required to leave the premises. If, because of the nature of the offense or situation, it is necessary to require the removal of an employee from the premises, then his/her Committeeperson (or in his/her absence, member of the Union Executive) will be notified before such action is taken. Such action will subsequently be confirmed with the employee and the Union, in writing, within one (1) working day. If the employee should then wish to protest his/her discharge (as a grievance), he/she shall, within 72 hours (not including Saturday, Sunday or Statutory Holidays) or such notice of discharge having been mailed to him/her by certified post to his last address shown on the Personnel Office records, submit a written grievance (as defined in Step 1, Section 4.3) beginning at Step 2 (Section 4.4). If subsequently it is decided that the employee was unjustly dismissed, he/she shall be reinstated and may be compensated for lost wages as may be agreed upon. If the employee's grievance is processed through arbitration, as herein provided, the Arbitrators shall be empowered to either:
(1) Uphold the discharge, or
(2) Reinstate the employee, who may be awarded up to his/her full seniority and/or compensated for lost pay, or
(3) Substitute some lesser penalty.
5.2 In the event that an employee with seniority is called for an interview by Management in which disciplinary measures against the employee are involved, such employee will be given notice prior, to enable him/her if he/she so desires, to have a Committeeperson present at such an interview. If the employee is suspended and wishes to grieve his/her suspension, he/she shall within 72 hours (not including Saturday, Sunday or Statutory Holidays) submit the grievance at Step 2. The suspension will be confirmed in writing with the employee and the Union within one working day. If an employee's grievance is processed through arbitration as herein provided, the Arbitrators shall be empowered to either uphold the suspension, substitute some lesser penalty, or remove the suspension and/or award compensation for lost pay. Any seniority employee who has been suspended or discharged shall if he/she so requests, be permitted an interview with the Plant Chairperson or Plant Committeeperson, if on shift, in an off...
DISCHARGE AND DISCIPLINE. 7.01 Whenever the Board censures an employee in writing it shall give the employee a copy thereof. The Board shall also send a copy to the President, Chief Xxxxxxx and Recording Secretary of the Local Union.
7.02 An employee's claim of unjust discharge will be treated as a grievance if written statement of such grievance is lodged with the respective Manager, as outlined in section 6.03, within ten (10) working days after such employee ceases to work for the Board. Such grievance may be settled under the grievance procedure, including arbitration, provided by this Agreement commencing with Stage Two.
7.03 At the request of an employee, the Board shall allow the employee to inspect the employee's Human Resources file maintained at the applicable departmental office. Such inspection may be made only once every six (6) months with three (3) days notice and in the presence of the employee's supervisor or designate. The employee's Human Resources file shall be defined herein as such file containing the employee's official work record including all references to performance, evaluation, and discipline.
7.04 An employee with two (2) or more years of service who has not been subjected to disciplinary action within a two (2) year period immediately preceding the administration of subsequent discipline will have any previous disciplinary action disregarded and at the request of the employee, the corresponding documents will be removed from the file.
7.05 In the event the Board intends to establish a meeting to give a written warning to, or to suspend or discharge, an employee, it shall so inform the employee in advance. At the option of the employee who shall make the arrangements through the Chief Xxxxxxx, a xxxxxxx may be present at such meeting. The absence of a xxxxxxx shall not render the discipline void.