Common use of Disciplinary Reports Clause in Contracts

Disciplinary Reports. Any written report concerning disciplinary action shall be shown to the employee concerned and they shall be requested to sign the report indicating they have read it. Refusal to sign shall be signified on the report and the absence of the employee’s signature in this circumstance will not render the report invalid. The employee will be given an exact copy of the disciplinary report for their own records and a copy of the disciplinary report shall be forwarded to the Union Office. If the employee has declined Union representation their name will be removed from the report. (a) Disciplinary action will take place within a reasonable period of time of being aware of the incident. Prior to any disciplinary action being taken, the Corporation will advise the employee of their right to have Union representation. If the employee chooses not to be represented, disciplinary action shall proceed. If the employee chooses representation, such representation will be provided within a reasonable period of time. (b) Employees under formal investigation for alleged misconduct shall be informed of their right to have a Union representative present during an investigation meeting. If the employee chooses not to be represented, the investigation meeting shall proceed. (c) An employee shall have the right to grieve for the removal from their Corporate personnel file any disciplinary report within ten (10) working days of becoming aware of such report. (d) Any disciplinary report which has been placed on the Corporate personnel file of an employee shall be removed from the file and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided there has been no recurrence of a similar nature. (e) Notwithstanding the provisions of Article 35:02(c) any disciplinary report which has been placed on the Corporate personnel file for serious misconduct of an employee shall be removed from the file and destroyed after three (3) years has elapsed since the disciplinary action was taken, provided there has been no recurrence of a similar nature. (f) Notwithstanding the provisions of Article 35:02(c), an employee after one (1) year may request a review of the disciplinary report to Human Resources and management may, at its sole discretion, remove and destroy the disciplinary report prior to its elapse from the date the disciplinary action was taken.