DISCHARGE, SUSPENSION AND DISCIPLINE Sample Clauses
The "Discharge, Suspension and Discipline" clause outlines the procedures and standards an employer must follow when taking disciplinary action against employees, including termination, temporary removal from duties, or other corrective measures. Typically, this clause specifies the grounds for such actions, the steps for investigation, and the rights of employees to respond or appeal, often referencing progressive discipline or just cause requirements. Its core function is to ensure fairness and transparency in disciplinary processes, protecting both the employer’s ability to manage the workforce and the employee’s right to due process.
DISCHARGE, SUSPENSION AND DISCIPLINE. 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator.
10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available.
10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed:
(a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee.
(b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint.
(c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments.
(d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above.
10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given.
10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary no...
DISCHARGE, SUSPENSION AND DISCIPLINE. 13 ARTICLE 12 - SENIORITY 15
DISCHARGE, SUSPENSION AND DISCIPLINE. 14.01 (a) In the event an Employee is suspended as a disciplinary measure and the Employee considers that an injustice has been done, the matter may be taken up at Step 2 of the Grievance Procedure.
DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 Whenever the Employer deems it necessary to censor an employee in a manner indicating that dismissal may follow any repetition of any act complained of or omission referred to, or that it may follow if such employee fails to bring his/her work up to the standard required by the Employer by a given date, the Employer shall, within five (5) working days thereafter, give written particulars of such censor to the employee involved with a copy to the Chief ▇▇▇▇▇▇▇ of the Union.
12.02 The Employer may dismiss any employee or suspend any employee for cause, provided that such employee is given the reason in the presence of a Union ▇▇▇▇▇▇▇ and is subsequently thereafter promptly advised, in writing, by the Employer of the reason for such discharge or suspension.
12.03 Any employee who alleges that he/she has been wrongfully or unjustly discharged or suspended shall be entitled to a hearing under Article 9 – Grievance Procedure, in which case Step No.’s 1 and 2 shall be omitted and Step No. 3 invoked.
12.04 Should it be found in accordance with the grievance procedure or the arbitration procedure that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his/her former position without loss of the seniority and shall receive such compensation for time lost as is determined to be just and equitable in the opinion of the parties or in the opinion of the single arbitrator if the matter is referred to such a Board.
DISCHARGE, SUSPENSION AND DISCIPLINE. (a) An employee to be discharged or suspended by the Superintendent or designate, or the Secretary-Treasurer, for just and reasonable cause, shall be given the reasons in the presence of the Union ▇▇▇▇▇▇▇ and the reasons shall be confirmed in writing to the employee concerned and the Union.
(b) Unless otherwise decided under the grievance procedure, suspension will mean loss of pay for the time or the duration of the suspension.
DISCHARGE, SUSPENSION AND DISCIPLINE. 15.01 The Board reserves the right to discipline or discharge an employee for just cause. A claim by a seniority employee of unjust discipline or discharge shall be treated as a grievance and the grievance procedure shall be followed as outlined in Article 12. Such grievances may be settled by confirming the Board’s action or by reinstating the employee under any arrangement which is just and equitable in the opinion of the conferring parties or the Arbitration Board.
15.02 The Board will notify the employee(s) and the Union of all anticipated discipline or discharge actions in writing within fourteen (14) days of the event giving the name of the employee concerned and the reason for the anticipated discipline or discharge. In cases of discipline matters involving dismissal, loss of pay or written warnings, the employee shall receive written notification of the disciplinary action in the presence of the Group Vice-President. Where the Group Vice-President will not be available within three (3) working days, the Employer may require that the discipline be given in the presence of a different Grievance Committee Representative. Copies of all written warnings and notices of all disciplinary action shall be sent to the Group Vice-Presidents and the National Representative.
DISCHARGE, SUSPENSION AND DISCIPLINE. 10.01 Principle of Innocence Both parties agree that an employee is considered innocent until proven guilty. Therefore, in the event the Employer initiates a disciplinary action against an employee who has completed the probationary period and which may result in the suspension or discharge of the employee, the following procedure shall be followed:
DISCHARGE, SUSPENSION AND DISCIPLINE. 12.01 A claim by an employee (who has completed his/her probationary period and who has been discharged from the employ) that his/her discharge or suspension was without just cause shall be treated as a grievance if his/her written statement is lodged with the Employer within ten (10) days of his/her discharge or suspension. Such grievance shall commence at Step 3 of the grievance procedure as herein provided.
12.02 Such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and equitable in the opinion of the Parties or, if necessary, a Board of Arbitration.
12.03 An employee who has completed his/her probationary period may be dismissed but only for just cause. When an employee is discharged or suspended, he/she shall be given the reason in the presence of his/her ▇▇▇▇▇▇▇. Such employee and the Union shall be advised promptly in writing by the Employer of the reason for such discharge or suspension.
12.04 The record of an employee shall not be used against him/her at any time in the following instances:
(a) When twelve (12) months have elapsed since a suspension, provided there has been no recurrence of a similar and/or other infraction.
(b) When twelve (12) months have elapsed since the issuance of a letter of reprimand provided there has been no recurrence of a similar and/or other infraction.
DISCHARGE, SUSPENSION AND DISCIPLINE. 15.1 Any employee who has completed the probationary period may be discharged for cause as set out in Articles 6.1, 6.4, and Article 13.
DISCHARGE, SUSPENSION AND DISCIPLINE. 13.01 JUST CAUSE Discharge or suspension of an Employee shall be for just cause. Just cause shall not include refusal of an Employee to cross a picket line arising out of a labour dispute.