Common use of DISCHARGE & DISCIPLINE Clause in Contracts

DISCHARGE & DISCIPLINE. A. The Employer agrees to promptly notify any employee and the Union representative in writing of the discharge or the formal discipline of an employee in the district. The employee involved will be allowed to discuss his discharge or discipline with the ▇▇▇▇▇▇▇ of the district and the employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designated representative will discuss the discharge or discipline with the employee and the ▇▇▇▇▇▇▇. B. Should the discharged or disciplined employee or the ▇▇▇▇▇▇▇ consider the discharge to be improper, a complaint shall be presented in writing through the ▇▇▇▇▇▇▇ to the employer beginning at Step Three of the grievance procedure within two (2) regularly scheduled work days of the discharge or discipline. Step Three of the grievance procedure will then be followed and if the decision is not satisfactory to the Union, the matter shall be referred to the rest of the grievance procedure. In opposing any discipline on a current charge, the Employer will not take into account any prior infractions which occurred more than two (2) years previously, "unless the employee's past written record demonstrates a pattern of serious misconduct which is the basis of the present discipline, then, the limit shall be extended to four years, but shall not precede June 30, 1981." The District may use the progressive system of discipline below in disciplining bargaining unit members for incidents that the District believes can be resolved by following the below system. However, the District retains the right to start at step (d) for any offense that the District determines to present a danger to students or staff, gross misconduct with the students and staff, gross insubordination, blatant disregard for work rules and policies, gross unprofessional or irresponsible conduct on the job, being served on a felony charge on or off the job. The definition of gross pertaining to this article is flagrant or outrageous. (a) Verbal warning by appropriate administrator. (b) Written warning by appropriate administrator. (c) Written reprimand by appropriate administrator. (d) Suspension with pay pending a “Just Cause” hearing. (e) Suspension without pay. (f) Dismissal for just cause only. C. Formal reprimands shall be in writing with specific recommendations for improvement. A signed copy of the formal reprimand shall be given to the employee, prior to inclusion in the personnel file. D. No employee shall be suspended or discharged without just cause.

DISCHARGE & DISCIPLINE. A. The Employer agrees 15.01 An Employee will have the right to promptly notify have a ▇▇▇▇▇▇▇ present at any employee and meeting where discipline is being imposed or at any meeting relating to the Union representative in writing conduct of the discharge or Employee where it becomes apparent that the formal discipline of an employee meeting might result in the districtdisciplinary action. The employee involved Employee will be allowed informed of his/her right to discuss his have a ▇▇▇▇▇▇▇ present under the above circumstances. An Employee who chooses not to have a ▇▇▇▇▇▇▇ present will be asked by the Employer to make this election in writing. 15.02 Discipline, suspension or discharge may only be affected upon the authority of the Executive Director or discipline with her designate and will be done in a confidential and private manner, subject to the Executive Director or her designate, the Employee’s immediate supervisor and the ▇▇▇▇▇▇▇ of if requested being present. Any disciplinary record shall be given to the district Employee in writing, with a copy to the Union if the Employee agrees. 15.03 An Employee who has completed her probationary period and the employer will make available an area where he claims her has been unjustly disciplined or unjustly discharged from her employment may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designated representative will discuss the discharge or discipline file a grievance in writing with the employee and Executive Director or her designate at any time within seven (7) working days after the ▇▇▇▇▇▇▇. B. Should the discharged or disciplined employee or the ▇▇▇▇▇▇▇ consider the discharge to Employee receives written notification of her discipline/discharge. The grievance will be improper, a complaint shall be presented in writing through the ▇▇▇▇▇▇▇ to the employer beginning dealt with at Step Three of the grievance procedure within two (2) regularly scheduled work days of the discharge or discipline. Step Three of the grievance procedure will then be followed and if the decision is not satisfactory to the Union, the matter shall be referred to the rest 1 of the grievance procedure. In opposing any A probationary Employee may be disciplined or discharged at the sole discretion of the employer and such discipline on a current charge, the Employer or discharge will not take into account constitute a difference between the parties subject to the grievance procedure. 15.04 A grievance referred to in Article 15.03 may be settled under the grievance or arbitration procedure by: a) Confirming the Employer’s action; or b) Reinstating the Employee with or without loss of seniority and with or without compensation for the time lost during the period from the date of her discharge to her reinstatement; or c) By any prior infractions other arrangement which occurred more than two resolves the grievance. 15.05 Disciplinary letters shall be removed from the Employee’s personnel file eighteen (218) years previouslymonths after the date of issue provided that the Employee has been discipline free for that period of time. 15.06 An Employee shall have the right, "unless at a mutually agreed upon time, to have access to and review her personnel record in the employee's past written record demonstrates a pattern of serious misconduct which is the basis presence of the present discipline, then, the limit shall Executive Director and Union Representation. An Employee will be extended permitted to four years, but shall not precede June 30, 1981." The District may use the progressive system of discipline below in disciplining bargaining unit members for incidents that the District believes can be resolved by following the below system. However, the District retains the right to start at step (d) for any offense that the District determines to present make a danger to students or staff, gross misconduct with the students and staff, gross insubordination, blatant disregard for work rules and policies, gross unprofessional or irresponsible conduct on the job, being served on a felony charge on or off the job. The definition of gross pertaining to this article is flagrant or outrageous. (a) Verbal warning by appropriate administrator. (b) Written warning by appropriate administrator. (c) Written reprimand by appropriate administrator. (d) Suspension with pay pending a “Just Cause” hearing. (e) Suspension without pay. (f) Dismissal for just cause only. C. Formal reprimands shall be in writing with specific recommendations for improvement. A signed copy of the formal reprimand documents in the file on the understanding that any more than ten (10) pages will be at the expense of the Employee. 15.07 The Union shall be given to the employee, receive all relevant documents in a Grievor’s personnel file prior to inclusion in the personnel fileany grievance arbitration proceeding with respect to that Grievor. D. No employee shall be suspended or discharged without just cause.

DISCHARGE & DISCIPLINE. A. The Employer agrees that, during the term of this Agreement, it will not discharge any employee who is on the Seniority List except for such conduct on the part of such employee as shall be just and sufficient cause for such discharge. Without limiting the right to discharge employees, it understood and agreed that: absence from employment by any employee save and except for sickness, accident, unavoidable circumstances or with leave of the Employer, or the fact that the Employer is called upon to discharge an employee by reason of or arising from the of the Canadian Agency and/or provisions of The Racing Act and regulations thereunder and/or the Rules of Racing of The Ontario Racing Commission referred to under Article of this Agreement, be conclusively deemed to be just and sufficient cause for dismissal of the employee provided that nothing prevent the employee from going through the grievance procedure to determine whether or not the employee has been so absent or the Employer so called upon. It is expressly understood and agreed that notwithstanding anything else contained in this Agreement, the Employer shall have the right to discharge or discipline any employee at any time prior to his having been placed on the Seniority List and such discharged or disciplined employee shall not have the right of recourse to the grievance procedure. Any disciplinary notation issued to an employee will be removed from his record eighteen (18) months after the date of issuance provided the employee receives no other disciplinary notation within the said eighteen (18) month period. Each of the parties hereto recognizes that employees who are eligible to be placed upon the Seniority List are entitled to an equitable measure of security based upon length of service. The Seniority List shall contain the names of all employees eligible to be placed therein and shall determine the seniority of employees as hereinafter provided. Upon consent of both parties hereto, the Seniority List may be amended from time to time. An employee will be on probation until he has worked four hundred and eighty (480) hours during- a period of continuous employment. Upon completion of such probationary period, the employee’s name shall be placed on the Seniority List and he shall be credited with seniority to his last date of hire. Employees with the same date of hire shall be ranked on the Seniority List as determined by a draw, supervised by management and the Union. During the period, the employee shall be entitled to all rights and benefits of this Agreement except as otherwise provided. The Employer agrees to promptly notify any employee post the Seniority List no later than April and the Union representative in writing October of the discharge or the formal discipline of an employee in the district. The employee involved will each year, and a shall also be allowed to discuss his discharge or discipline with the ▇▇▇▇▇▇▇ of the district and the employer will make available an area where he may do so before he is required to leave the property of the Employer. Upon request, the Employer or his designated representative will discuss the discharge or discipline with the employee and the ▇▇▇▇▇▇▇. B. Should the discharged or disciplined employee or the ▇▇▇▇▇▇▇ consider the discharge to be improper, a complaint shall be presented in writing through the ▇▇▇▇▇▇▇ to the employer beginning at Step Three of the grievance procedure within two (2) regularly scheduled work days of the discharge or discipline. Step Three of the grievance procedure will then be followed and if the decision is not satisfactory forwarded to the Union. After such posting, the matter Seniority List shall be referred become with respect to the rest employees designated therein except as to any employee who disputes the accuracy of the grievance procedure. In opposing any discipline on a current charge, the Employer will not take into account any prior infractions which occurred more than two (2) years previously, "unless the employee's past written record demonstrates a pattern of serious misconduct which is the basis of the present discipline, then, the limit shall be extended to four years, but shall not precede June 30, 1981his seniority date within ten days following such posting." The District may use the progressive system of discipline below in disciplining bargaining unit members for incidents that the District believes can be resolved by following the below system. However, the District retains the right to start at step (d) for any offense that the District determines to present a danger to students or staff, gross misconduct with the students and staff, gross insubordination, blatant disregard for work rules and policies, gross unprofessional or irresponsible conduct on the job, being served on a felony charge on or off the job. The definition of gross pertaining to this article is flagrant or outrageous. (a) Verbal warning by appropriate administrator. (b) Written warning by appropriate administrator. (c) Written reprimand by appropriate administrator. (d) Suspension with pay pending a “Just Cause” hearing. (e) Suspension without pay. (f) Dismissal for just cause only. C. Formal reprimands shall be in writing with specific recommendations for improvement. A signed copy of the formal reprimand shall be given to the employee, prior to inclusion in the personnel file. D. No employee shall be suspended or discharged without just cause.