Common use of DISCIPLINE/DISCHARGE Clause in Contracts

DISCIPLINE/DISCHARGE. a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

DISCIPLINE/DISCHARGE. aA. Disciplinary actions for just cause shall include the following: Oral reprimand Written reprimand Suspension(s) That all discipline including (notice to be given in writing) Discharge Disciplinary action may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee and as stated in the adopted Rules of Conduct and Responsibilities of the City of Oak Park. The term "disciplinary action" shall further be defined as any action which would result in a loss of wages, fringe benefits, seniority, or a lowering in rank or change in classification. Further, that the definition of "disciplinary action" shall not apply in the case of a promotional type grievance. The above listing of disciplinary actions shall not preclude the City from appropriately disciplining employees by applying any of the disciplinary steps regardless of the order of the above listing should circumstances warrant. B. Disciplinary action involving an oral and/or written reprimand(s) may be processed as a grievance through Step 3 of the regular grievance procedure. C. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. D. The employee, upon being confronted with a written reprimand, is required to acknowledge notice of said reprimand by his or her signature. The signature of the employee on the written reprimand is not to be construed as his/her agreement with the charges but is to be considered only that he or she has knowledge that such a reprimand is in existence. In the event the employee refuses to sign said reprimand, the Union President, Union ▇▇▇▇▇▇▇ and/or Officer will acknowledge that such a reprimand is in existence with their signature on behalf of the employee. E. The City shall not discharge any employee without just cause. If, in any case, the City feels there is just cause for discharge, the employee involved will be suspended for five (5) days. Pending approval from the City, the employee may use accumulated sick and vacation leave to receive pay during the suspension. If approval is not granted, the suspension will be served without pay. The employee and the president of the Bargaining Unit will be notified, in writing that the employee has been suspended and is subject to discharge. Employees facing discharge shall be for just causegranted a pre- termination hearing at which time; the employee will be presented with the charges against him or her, along with an explanation of the employer's evidence. The employee will then have an opportunity to respond to the allegations and evidence presented. F. The Union shall have the right to take any suspension and/or discharge it deems to be arbitrary, capricious or unreasonable, to the third step of the grievance procedure and the matter shall be imposed without unreasonable delayhandled through the applicable arbitration procedure where necessary. An employee, subject only at his or her own discretion, may be represented by a representative of TPOAM, or his or her own legal counsel. If the employee chooses his or her own counsel, it is understood that he or she must notify the Union and sign a release form. No hearing shall be held prior to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, City receiving a copy of the release form signed by the employee. It is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; providedunderstood, however, that a formal written letter of reprimand shall this hearing is not established to litigate the problem or charges but serves only be subject as an opportunity for both parties to review by the Chief of Police and present their viewpoints. G. Probationary employees are not subject to arbitration. The Chief, upon completion the provisions of his/her review may withdraw, modify or affirm the letter of reprimand. At any timeArticle 12 herein. H. In administering progressive discipline, the affected employee may submit City shall not take in account any discipline, which occurred more than 24 months previously unless the infraction resulted in a written statement responding to the letter suspension of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" three days or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s)more. 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) Prior to the use of any Artificial Intelligence (AI) or new technology in the employee investigation or discipline process, the City and Association will meet and confer over the parameters of such use. (c) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d(e) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her their right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e(f) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) Prior to the use of any Artificial Intelligence (AI) or new technology in the employee investigation or discipline process, the City and Association will meet and confer over the parameters of such use. c) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. de) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her their right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. ef) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge Dismissal, suspension, and/or any other disciplinary action shall be only for just causeand stated causes, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action with employees having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City defend themselves against any and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementationall charges. When a recommendation for discipline has been made as the result of an internal investigationEmployer feels disciplinary action is warranted, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, such action must be initiated within ten fifteen (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (515) working days of the meetingoccurrence of the condition giving rise to the action, render a decision or within fifteen (15) working days of the date that it is reasonable to assume that the Employer first became aware of the conditions giving rise to the discipline. Written notification of dismissal, suspension, and/or other disciplinary action shall be sent to the employee and reasons therefore the Union. Employees with initial, isolated or individual incidents of poor workmanship, quality or productivity will be counseled, informed of the area(s) needing improvement and told of the actions and time frame in which the performance shortfalls must be overcome. Employees that continue to demonstrate the inability to perform or improve maybe subject to disciplinary action up to and including termination. If the company counsels the employee and/or documents undesirable behavior in writing the employee will be given a copy of such documentation. Documented counseling’s will not be made a part of the employee’s personnel file unless used to support disciplinary action. The company will strive to apply progressive discipline, not to punish the employee but to alert the employee to the aggrieved party need to correct specific performance and/or to modify specific conduct/behavior. Depending on the severity of the problem, the employee’s work record and the Association Presidentnumber of occurrences there may be circumstances when the company may bypass progressive disciplinary procedures. Among the disciplinary action steps the Company may, use are “Verbal Warning”, “Written Warning”, “Final Written Warning”, “Employee Assistance Program”, “Suspension” and “Termination” of employment. Among the causes, which shall be deemed sufficient for dismissal, suspension, and/or other disciplinary action are the following: 1. The state of being under the influence of alcohol and/or illegal narcotics, testing positive for the same and/or possession of same.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge A. Dismissal, suspension, and/or any other disciplinary action shall be only for just causeand stated causes with the employees having the right to defend themselves against any and all charges. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the employee within five (5) working days. The employee, at his/her option, may notify the Union. Among the causes which may be deemed sufficient for dismissal, suspension, demotion, or other disciplinary action are the following: 1. Unauthorized or excessive absence from work; 2. Commitment or conviction of any criminal act; 3. Conduct unbecoming any employee in the public service; 4. Disorderly or immoral conduct; 5. Incompetency or inefficiency; 6. Insubordination; 7. Bringing intoxicants into or consuming intoxicants on any school property or reporting for work under the influence of intoxicating beverage in any degree whatsoever; 8. Neglect of duty; 9. Negligence or willful damage to public school property, waste, or misappropriation of public school supplies or equipment; 10. Violation of any lawful regulation or order made by a supervisor; 11. Refusal or failure to use required safety equipment; 12. Willful violation of any provisions of this contract; 13. Deliberate falsification of records and reports; or 14. Violation of the District's smoking policy. B. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which will or may lead to disciplinary action by the employer. When a request for such representation is made, there will be no further discussion with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review apprised by the Chief employer of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will right to representation. All dismissals shall be without pay. No suspension shall be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within than ten (10) working days after receiving without prior approval of the notification Director of disciplineHR/LR. C. An employee may be dismissed, suspended, or disciplined pending investigation and discussion, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, except where an arbitrator determines that a lesser award is appropriate, including litigation of damages. D. Both parties recognize that communication is critical to employee/employer relationships within an efficient workplace. It is agreed and understood that the following progressive system of discipline shall be followed in disciplining bargaining unit members: 1. Written verbal warning by Director of Food Service. 2. Written warning by Director of Food Service. 3. Suspension with pay pending a “just cause” hearing (in cases where such a hearing is necessary). 4. Suspension without pay. 5. Dismissal for just cause only. The parties recognize that some infractions may be so serious as to warrant skipping one or more steps in the process. E. If the dismissal or suspension is sustained under the procedures outlined in the grievance procedure, the employee and/or his/her two (2) designated representatives may review investigative filesshall be deemed dismissed as of the date of dismissal or suspension. F. Any suspended employee shall leave the premises and shall remain away until such dismissal or suspension is lifted or cleared. G. In any case of dismissal, recommendationssuspension, documents and other evidence pertaining to the caseor disciplinary action, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appealhe/she so desires, may obtain a copy of the entire Internal Affairs investigative file of the subject request an investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence . This request must be written and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, presented within five (5) working days from the date of the meetingdismissal, render suspension, or disciplinary action. Appeal from discharge or suspension must be heard within five (5) working days and a decision reached within fifteen (15) working days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) working days, the case shall then be taken up as provided in the grievance procedure. H. Letters of reprimand shall not be placed in the individual employee's files before a hearing attended by the employee and reasons therefore in writing to Director of Food Service. A Union representative may be present if requested by the aggrieved party and the Association Presidentemployee.

Appears in 1 contract

Sources: Master Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge shall An Employee may be disciplined or discharged for just cause. If a meeting where a disciplinary action is to be communicated to an Employee is called by the Employer, the Employee shall have the right to be accompanied by a shop ▇▇▇▇▇▇▇ or other Union representative who may be a staff representative. Whenever reasonably possible, the Supervisor shall an employee of a complaint directed to the ▇▇▇▇ or supervisor concerning the Employee. Notwithstanding Article the Employer shall have the right to dismiss an employee during the probationary period of the Employee and the action taken by the Employer shall be deemed to be just cause for discharge and no arbitration hoard or single arbitrator shall have the jurisdiction to substitute any other penalty. Upon three (3) University business days notice to the department head or designate, an Employee shall have the to view the Employer's employee file on them, except for confidential references and except for student evaluations where the form of the evaluation could identify the student. At the request of the Employee, copies of the material in the file, which the Employee has a right to view, shall be provided to the Employee at expense. ARTICLE (PART-TIME ACADEMIC WORK ASSIGNMENTS) The Employer shall he required to post the following (a) part-time academic work assignments; and All such positions are, for the purposes of this Article referred to as “part-time academic” positions-and the probation and precedence provisions contained in this Article and in Article shall apply. When the Employer determines that an academic work assignment is available for a part- time academic, the assignment shall he posted electronically at the University and may be concurrently advertised elsewhere. A copy of the posting shall he available electronically to Local for information only. shall detail the work assignment, the application deadline and the requirements for the position including qualifications, experienceand attributes required. Applications in response to shall be submitted in writing. Subject to Article persons applying for a part-time academic position who meet the requirements of Article shall have precedence for appointment based on the number of credit courses previously taught on a part-time basis at Dalhousie University providing they meet the requirements for the position outlined in the job posting. in the event that more than one applicant has equal precedence under this provision, the final recommendation for appointment shall be made by the Chair to the ▇▇▇▇. In the event a posted part-time academic work assignment is not filled through the posting procedure, the Employer will address the part-time academic work assignment as the Employer deems appropriate. in the event of an emergency situation such as, but not limited to, resignation, death, illness, withdrawal of the assigned professor or higher than anticipated student enrolment, the Employer shall, where it is practicable in the circumstances to do so, choose from the applicant pool and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under then follow the procedures set out belowin Article and will report choice to the Union. If there is no applicant pool, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify no qualified applicant or affirm the letter of reprimand. At any timeno qualified applicant who is immediately available, the affected employee may submit a written statement responding to Employer will address the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made part-time academic work assignment as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for disciplineEmployer deems appropriate. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE/DISCHARGE. a10.1 The Employer shall have the right to discipline a Registered Nurse, up to and including discharge, for reasonable cause only which encompasses the concept of progressive discipline. 10.2 Disciplinary reports shall remain in the employee’s personnel file. However, any minor disciplinary action, for which there has been no recurrence in a twelve (12) That all discipline including discharge month period, shall not be used as a foundation for subsequent discipline, and minor disciplinary report shall be for just causeremoved at the beginning of the thirteenth (13) month. Disciplinary action involving egregious behavior such as substance abuse, falsification of records, sleeping on the job, and work related criminal violations shall not be removed from personnel file. Moreover, HIPPA reportable events shall remain in the personnel file as required by federal and state laws and shall not be removed. 10.3 A Registered Nurse shall have the right to request an Association Representative to be present at any meeting with supervisors or management in which such meetings are investigatory, accusatory, or disciplinary in nature. A Registered Nurse who is only a witness in an investigation will be given twenty‐four (24) hours notice prior to the meeting in order to have an opportunity to meet and confer with their representative. A witness is not entitled to an Association Representative, unless agreed to in advance by the employer on a non‐precedent setting basis. It is agreed that the witness confidentiality rules are applied to the both employee and their representative. The witness Registered Nurse shall be advised that his/her obligation is to cooperate, speak the truth and whatever is shared with the individual administering the investigation, accusation or discipline, will not be used against the “witness” Registered Nurse unless the same “witness” Registered Nurse admits to wrongdoing against the district. The supervisor/ representative will advise the Registered Nurse whenever the meeting is to be investigatory, accusatory, or disciplinary as to that individual. The Employee’s representative shall be either an Association Representative, or other State or Local Association Representative. The representative shall be chosen by the Registered Nurse and shall be imposed without unreasonable delaypresent and available promptly upon the Registered Nurse’s request. If Hospital operations do not permit prompt availability of the requested representative, the requested representative shall be made available as soon as reasonably possible thereafter. The Association agrees that if a representative requested by the Employee is not promptly available, and the representative’s availability is not due to Hospital operations, the Association shall make another representative available for the meeting as soon as reasonably possible. 10.4 The Employer may place a Registered Nurse on paid administrative leave pending investigation to determine whether disciplinary action is, in fact, warranted; to protect the integrity of an investigation; or to protect the safety of persons or property. The placement of a Registered Nurse on paid administrative leave shall not be considered disciplinary and shall not be subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimandsgrievance procedure; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to arising out of an investigation where the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who Registered Nurse has been disciplined shall have the option of pursuing the appeal procedures set out below, placed on paid administrative leave is subject to the Association's right grievance procedure. 10.5 A Registered Nurse who is discharged shall be entitled to receive all accrued benefits as provided elsewhere in the Agreement less any sums due the Employer. 10.6 Registered Nurses may review their personnel files upon request. Review of files shall take place during business hours of the Employer’s Human Resources Department. 10.7 An Association Representative, upon written request and authorization by a Registered Nurse, may examine the Registered Nurse’s personnel file. If requested, the Registered Nurse shall receive copies of any item of the file that pertains to any matter for which the Registered Nurse is being represented. 10.8 Material will be removed or otherwise deleted from the personnel file in the event a Registered Nurse and the Employer agree that the material is incorrect or it is determined to be incorrect as a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver result of the right to pursue Civil Service remediesgrievance procedure. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Memorandum of Understanding

DISCIPLINE/DISCHARGE. a) That all discipline including discharge 13.1 No employee who has completed the initial employment probationary period with the Authority shall be for subject to discipline or discharge without just cause. Unless otherwise warranted by circumstances, and discipline normally shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafterprogressive, including dischargeoral reprimand, is subject to appeal and review under the procedures set out belowwritten reprimand, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include dischargesuspension, demotion, suspension and discharge. 13.2 If the Authority determines there is just cause for reprimand, demotion, suspension, or discharge, the Authority shall provide the employee, with a copy to the Union, with written reprimands; providednotice of the proposed disciplinary action, howeverthe grounds for such action, that and the right of the employee to respond either orally or in writing to the person initiating such action prior to implementing the proposed action. Such written notice shall be provided to the employee at least fifteen (15) calendar days prior to the proposed effective date of the action. 13.3 Upon request of the employee, the Authority shall allow the employee an opportunity to consult with a formal written letter Union representative prior to the interview and to have a Union representative present during interviews or other disciplinary meetings with management representatives. The role of reprimand the Union representative at this meeting shall only be subject to review as defined by the Chief Employment Relations Board. However, this opportunity for representation shall not unduly delay such interviews or meetings. This section shall not apply to any interview or meeting with an employee in the normal course of Police and business, counseling, instruction, or other routine contact with a supervisor where discipline is not subject to arbitration. The Chief, upon completion contemplated. 13.4 Documentation of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement discipline shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s)file. After the timeframes indicated below, the discipline cannot be relied upon as the basis for progressive disciplinary action should another incident occur warranting discipline. However, the Authority reserves the right to the use of such documentation to refute a claim regarding the employee's overall employment record or to refute a claim that the employee did not have knowledge of a policy, rule, or procedure: Step 1 - written record of oral reprimand 1 year Step 2 - written reprimand 2 years Step 3 - suspension or demotion 4 years 13.5 If subsequent conduct occurs that leads to discipline of a written reprimand or greater during this period of time, all current disciplinary action may continue to be relied on. 2) Letters of reprimand 13.6 Any expired discipline will not be effective considered by promotion boards, referred to in written performance evaluations, nor relied upon as a basis for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter progressive discipline. 13.7 No information that reflects critically upon an employee shall be of no further effect placed in a personnel file without the review and shall be removed from files upon request the signature of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee’s signature confirms only discussion and presentation of the document to the employee, and does not indicate agreement or disagreement. The employee pursuing or the appeal procedures in this Article sign a waiver of Union (with the employee’s signature) has the right to pursue Civil Service remediesattach a statement of rebuttal to any information placed in the personnel file. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee 13.8 No documentation regarding unfounded complaints shall be liable placed in an employee’s personnel file, used in reviews for the normal shared costs of arbitration. e) The City and the Association agree promotion, referred to use the Discipline Review Board processin written performance evaluations, nor relied upon as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation basis for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for future discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employeeofficer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employeeofficer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her their right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's ’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she they shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's ’s personnel files, prior to each of the appeal hearings. Any employee or his/her their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his their behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Manager of the Company within five (5) days after the employee ceases to work for just cause, the Company and shall the First Step of the grievance procedure will be imposed without unreasonable delay, subject only to the need for thorough investigationomitted in any such case. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of Company may discharge an employee during his/her review may withdraw, modify or affirm the letter of reprimandprobationary period in its sole discretion provided only that such discretion shall not be exercised in bad faith. At any time, the affected A claim by a probationary employee may submit that his/her discharge was in bad faith shall be treated as a grievance if a written statement responding of such grievance is lodged with the Manager of the Company within five (5) days after the employee ceases to work for the Company and the First Step of the Grievance Procedure will be omitted in any such case. Notwithstanding the arbitrator’s powers under Articles 6.04 and 7.02, if an arbitrator does not find that the discharge was made in bad faith, the grievance shall be dismissed by the arbitrator. 7.02 Grievance under this Article may be settled under the Grievance and Arbitration procedures by: (a) confirming the Company’s action in dismissing the employee; (b) re-instating the employee with full compensation for time lost; or (c) by any other arrangement which may be deemed just and equitable. 7.03 Notwithstanding the provisions of Articles VI and VII and without limiting the general right of the Company to discharge employees, it is expressly understood and agreed that any of the following causes shall be conclusively deemed to be sufficient cause for proper discharge of an employee: (a) reporting to work under the effect of drugs or alcohol. (b) theft or other offences of dishonesty; (c) disclosure of confidential information pertaining to the letter employer’s business; (d) fighting while on Company time; (e) driving a Company vehicle in circumstances where an employee knew or ought reasonably to have known that he or she was without a valid drivers’ licence of reprimand and such statement the proper class. (a) A Driver charged with driving impaired shall be included placed on a leave of absence without pay pending the outcome of the charges. (b) A Driver whose drivers’ licence is suspended for a period of 11 months or less shall be granted, upon request, a leave of absence without pay for the duration of the suspension. (c) A driver on leave of absence under this clause shall have preference in filling a temporary vacancy in a non-driving position. If no temporary vacancy is available, such a driver may be offered part-time work in a non-driving position. (d) Nothing in this clause prevents the imposition of discipline arising from the circumstances leading to the charges or the licence suspension. Notwithstanding paragraph (b) and article 7.05, when a Driver’s drivers’ licence is suspended for a period in excess of 11 months or is suspended twice within five years while in the official department and/or divisional personnel file(s). As used hereinemploy of the Company, "formal letter the suspension shall be conclusively deemed to be sufficient cause for the dismissal of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective 7.05 An employee who receives no discipline for a period of twelve (12) consecutive months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be have all prior discipline removed from files upon request of the affected employeehis or her file. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE/DISCHARGE. a) That all The Society may discharge, suspend, demote or otherwise discipline including discharge shall be employees who have successfully completed their probationary period for just cause. Certain offenses are of such gravity and importance that the Society may impose the specific penalty of discharge. Where the dismissal of an employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one or more of these serious offenses, and the Society shall be imposed without unreasonable delayrequired to establish, subject only on a balance of probabilities, that the Employee committed the offence. Where the Society establishes that the employee committed the offense, then the Arbitrator or Arbitration Board, as the case may be, shall not inquire into the penalty imposed. The offenses which are considered to warrant the need for thorough investigation. b) That "just cause" for any discipline as defined hereinaftertreatment set out above are: Assaulting or abusing a Client or care member; Theft of property from a Client, care member or the Society. Nothing in this clause shall limit the Society in imposing discipline, up to and including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At for any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out belowother offense, subject to the Association's right to be a participant in all arbitration proceedingsother terms of this collective agreement. Whenever the Society formally imposes discipline, or Civil Service remedies for reviewing of at least the discipline imposed. Any employee choosing to pursue remedy under Civil Servicewritten warning level, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that on an employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for have the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board processright, as outlined in Departmental Policyupon request, to recommend the presence of a union ▇▇▇▇▇▇▇. Where the Society decides to hold a meeting with an employee, to investigate a matter that may result in discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for or imposes discipline has been made as the result of on an internal investigationemployee, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify Society shall advise the employee of the recommendation for discipline. 1) If purpose of the meeting in advance and shall further advise the employee elects of her right to appealrequest the presence of the union ▇▇▇▇▇▇▇ at the meeting. If an employee is suspended or discharged, he/she the Society shall notify the Chief of Police, union in writing within working days following the date of suspension or by emaildischarge. All records of disciplinary action are to be removed from an employee’s personnel file eighteen (18) months from the date of discipline provided there has been no further disciplinary action during this eighteen (18) month period. Where an employee fails to report for a scheduled work assignment without notifying the Society in advance, within ten unless such notice could not reasonably be given (10it being understood that forgetting the assignment is not a reasonable excuse for failing to so notify) the Society may impose the following specific penalties: a one (1) working days after receiving day suspension on the notification of discipline. The first occasion that the employee and/or his/her two fails to report for work; and a three (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (103) working days after receipt of day suspension on the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for second occasion that the employee fails to present evidence on his behalf. B. The Chief of Police shall, within report for work; and a five (5) working days day suspension on the third occasion that the employee fails to report for work; and discharge from employment on any further occasion that the employee fails to so report for work. Where a suspension or discharge for this offense is made the subject of a grievance which proceeds to arbitration, the meetingSociety shall be required to establish, render on a decision balance of probabilities, that the employee failed to report for a scheduled work assignment and reasons therefore that the employee did not advise the Society of their absence in writing advance. Where the Society establishes that the employee failed to report and did not advise the Society in advance, and the Union does not establish, on balance of probabilities, that the employee could not reasonably have given notice to the aggrieved party and Society, then the Association President.arbitrator or the arbitration board, as the case may be, shall not inquire into the penalty imposed. It is understood that offenses under this clause shall be subject to Article

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE/DISCHARGE. a17.01 Employees who have completed their probationary period shall not be penalized, nor shall they be laid off, recalled, promoted, demoted, transferred or discharged until the Union and Human Resources Department have been notified in writing of the name or names of the persons affected at least two (2) That all discipline including discharge working days prior to such action being taken. The above does not apply when there is cause for suspension or immediate dismissal. 17.02 Employees shall have the right to have a Shop ▇▇▇▇▇▇▇ present when they are receiving a written reprimand that is to be entered into their personnel file, or when being suspended or dismissed. 17.03 All disciplinary meetings shall be for just causeheld in private and shall take place in a location on the Co-operative’s premises. 17.04 The affected employee, the Shop ▇▇▇▇▇▇▇ who is involved, and the Union shall be given a copy of any written reprimands and of any letters informing the employee of suspensions or discharge. A copy will be emailed to the Union Representative. 17.05 Should an employee inadvertently or otherwise be penalized or laid off, recalled, not recalled, promoted, demoted, transferred, or discharged, and it is later established that such penalty or layoff, recall, failure to recall, promotion, demotion, transfer or discharge was unfair, or not in accordance with the provisions of this Agreement, the employee shall immediately be returned to their former status in all respects, and shall be imposed without unreasonable delay, subject only receive pay for the time lost following such action in an amount sufficient to make up the need for thorough investigationdifference between any monies received by that employee from other sources and their regular pay. b) That "just cause" for 17.06 The Co-operative agrees that any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and notices shall be removed from files upon request the employee’s personnel file after twenty-four (24) months from the date of issue except in cases involving violence in the affected employee. 3workplace or harassment. This time period of twenty-four (24) The Chief and the Association months shall meet and establish not include periods of layoffs, periods of leaves of absence or periods of disciplinary suspensions. It is understood that should any employee receive a form or format to be used written discipline for the purpose of letters of reprimand. dsame or similar offence during said twenty-four (24) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Associationmonth period, the employee shall will then be liable for the normal shared costs of arbitrationrequired to wait a further twenty-four (24) months before such written discipline is removed from his or her personnel file. e) The City and 17.07 Employees may view their own personnel file in a place designated by the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of PoliceHuman Resources Department. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline Employees must review their personnel file during their meal or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for disciplinerest periods or on their own time. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge 15.1 Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotionfine, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by without pay reduction in grade or dismissal from service based upon the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify personal conduct or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request performance of the affected involved employee. 3) The Chief and . Dismissal from service, or reduction in grade, based upon a layoff or other operational judgment of the Association employer shall meet and establish a form or format not be construed to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If 15.2 Where the employee elects employer imposes or intends to appealimpose discipline, he/she written notice of such discipline shall notify be given to the Chief employee. Such notice shall contain a reasonable specification of Policethe nature of the charge, in writing or by email, within ten (10) working days after receiving a general description of the notification alleged acts and/or conduct upon which the charge is based and the nature of the discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as or the employee's personnel files, prior to each ’s union representative may request a hearing before the Superintendent of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, Elections within five (5) working days of the meetingreceipt of notice of discipline. 15.3 When a hearing is requested, render no discipline shall be imposed prior to such hearing and a decision rendered by the Superintendent of Elections except that an employee may be suspended immediately and reasons therefore prior to a hearing where it is determined that the employee is unfit for duty or is a hazard to any person if permitted to remain on the job, or that an immediate suspension is necessary to maintain the health, order, or effective direction of public service. However, a Preliminary Notice of Disciplinary Action with opportunity for a hearing must be served in writing person or by certified mail within five days following the immediate suspension. The requirement for a ▇▇▇▇▇▇▇▇▇▇ hearing concerning the necessity for immediate suspension shall not be precluded in any manner by this section. 15.4 An employee may be suspended immediately when the employee is formally charged with a crime of the first, second or third degree, or a crime of the fourth degree, on the job or directly related to the aggrieved party job. 15.5 Five (5) days prior to any disciplinary hearing and upon request, management will provide the Association Presidentunion representative of the employee any documents which will be relied upon at the disciplinary hearing 15.6 The hearing before the Superintendent of Elections shall be the first step of the grievance procedure in disciplinary matters. However, the employee may be represented by a non-employee union representative.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge A. Dismissal, suspension, and/or any other disciplinary action shall be only for just causeand stated causes with the employees having the right to defend themselves against any and all charges. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the employee within five (5) working days. The employee, at his/her option, may notify the Union. Among the causes which may be deemed sufficient for dismissal, suspension, demotion, or other disciplinary action are the following: 1. Unauthorized or excessive absence from work; 2. Commitment or conviction of any criminal act; 3. Conduct unbecoming any employee in the public service; 4. Disorderly or immoral conduct; 5. Incompetency or inefficiency; 6. Insubordination; 7 7. Bringing intoxicants into or consuming intoxicants on any school property or reporting for work under the influence of intoxicating beverage in any degree whatsoever; 8. Neglect of duty; 9. Negligence or willful damage to public school property, waste, or misappropriation of district’s supplies or equipment; 10. Violation of any lawful regulation or order made by a supervisor; 11. Refusal or failure to use required safety equipment; 12. Willful violation of any provisions of this contract; 13. Deliberate falsification of records and reports; or 14. Violation of the District's smoking policy. B. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which will or may lead to disciplinary action by the employer. When a request for such representation is made, there will be no further discussion with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review apprised by the Chief employer of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will right to representation. All dismissals shall be without pay. No suspension shall be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within than ten (10) working days after receiving without prior approval of the notification Executive Director of disciplineHR/LR. C. An employee may be dismissed, suspended, or disciplined pending investigation and discussion, and if the dismissal, suspension, or disciplinary action is found to be without justification, the employee shall be reinstated with full back pay, except where an arbitrator determines that a lesser award is appropriate, including litigation of damages. D. Both parties recognize that communication is critical to employee/employer relationships within an efficient workplace. It is agreed and understood that the following progressive system of discipline shall be followed in disciplining bargaining unit members: 1. Written verbal warning by Director of Food Service. 2. Written warning by Director of Food Service. 3. Suspension with pay pending a “just cause” hearing (in cases where such a hearing is necessary). 4. Suspension without pay. 5. Dismissal for just cause only. The parties recognize that some infractions may be so serious as to warrant skipping one or more steps in the process. E. If the dismissal or suspension is sustained under the procedures outlined in the grievance procedure, the employee and/or his/her two (2) designated representatives may review investigative filesshall be deemed dismissed as of the date of dismissal or suspension. 8 F. Any suspended employee shall leave the premises and shall remain away until such dismissal or suspension is lifted or cleared. G. In any case of dismissal, recommendationssuspension, documents and other evidence pertaining to the caseor disciplinary action, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appealhe/she so desires, may obtain a copy of the entire Internal Affairs investigative file of the subject request an investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence . This request must be written and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, presented within five (5) working days from the date of the meetingdismissal, render suspension, or disciplinary action. Appeal from discharge or suspension must be heard within five (5) working days and a decision reached within fifteen (15) working days from the date of discharge or suspension. If no decision has been rendered within fifteen (15) working days, the case shall then be taken up as provided in the grievance procedure. H. Letters of reprimand shall not be placed in the individual employee's files before a hearing attended by the employee and reasons therefore in writing to Director of Food Service. A Union representative may be present if requested by the aggrieved party and the Association Presidentemployee.

Appears in 1 contract

Sources: Master Agreement

DISCIPLINE/DISCHARGE. a) That all The discipline including or discharge of a probationary employee will not be subject to the Grievance Procedure. A claim by an employee who has completed his probationary period that he has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step within five (5) calendar days after the discharge is announced. All penalties and reprimands will be issued within ten (10) days of the time the incident becomes known to the Company's management (Saturdays, Sundays and Statutory Holidays excluded). Where this time limit be met, the Company will contact the Union with the reason for just causethe delay. A copy of discipline pertaining to suspension or discharge will be copied to the Union. The Company will notify the Union by fax or phone prior to the suspension or discharge of a ▇▇▇▇▇▇▇. On a one-time only basis, any driver who loses his driving privileges under the law shall automatically be granted a leave of absence of up to eighteen (18) months without loss of seniority, but without entitlement to, or payment by the Company of, the other benefits of this Agreement. The Company and the Union will meet to discuss alternative work, but no other employee will be laid off because of granting such alternative work. However, drivers convicted of drunk, impaired or negligent driving while operating a Company rented or leased vehicle may be discharged regardless of seniority or other consideration. All notices of discipline shall be removed from the employees’ file after months, provided no disciplinary action of a similar nature has taken place. Only those notices pertaining to preventable vehicle accidents are excluded. When either party requests that any matter be submitted to arbitration as heretofore provided, it shall make such request in writing addressed to the other party to this Agreement, and at the same time nominate an Arbitrator. Within five (5) working days thereafter, (all postal dates will be the determining factor to define the five (5) days) the other party shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimandsnominate an Arbitrator; provided, however, that a formal written letter if such party fails to nominate an Arbitrator as herein required, the Minister of reprimand Labour for the Province of Ontario shall only be subject have power to review effect such appointment upon application thereto by the Chief of Police and not subject to arbitrationparty invoking arbitration procedure. The Chief, two Arbitrators so nominated shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit such a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for Chairman within a period of twelve three (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and days, they shall then request the Association shall meet and establish a form or format to be used Minister of Labour for the purpose Province of letters of reprimand. d) Each regular employee Ontario to appoint an impartial Chairman. If both parties agree, a single Arbitrator may be appointed to hear the grievance. No person may be appointed as an Arbitrator who has been disciplined involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall have not be authorized to make any decision inconsistent with the option provisions of pursuing this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the appeal procedures set out below, subject to Arbitration Board will be expedited by the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated belowparties hereto, and such remedy shall the decision of the majority and where there is no longer majority, the decision of the Chairman will be available to that employeefinal and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The City will require that an employee pursuing time fixed in both the appeal procedures in this Article sign a waiver Grievance and Arbitration Procedures may be extended by mutual consent of the right parties to pursue Civil Service remediesthis Agreement. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE/DISCHARGE. a) That all discipline including discharge A. No employee shall be for just cause, and shall be imposed disciplined without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline due process as defined hereinafterin Section Two, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) Clause D for reasons that are capricious or arbitrary. The term "discipline" as used herein in this Agreement includes warnings, reprimands, suspensions with or without pay, reductions in rank, compensation or occupational advantage, discharges or other actions of a disciplinary nature. The specific grounds for disciplinary action will be presented in writing to the employee and the Union no later than at the time discipline is imposed. B. All employees shall include dischargebe entitled to have present a representative of the Union during any meeting which will or may lead to disciplinary action by the Employer. No action shall be taken with respect to the employee until such representative of the Union is present and the representative shall be present within one (1) week of the request or if mutually agreeable at a later date. This shall not preclude any disciplinary action the administration shall deem necessary for the health, demotionwelfare, suspension or safety of the students or staff. This action may be immediate. Should disciplinary action be likely to occur at a given meeting the employee shall be advised immediately of said possibility and written reprimands; be advised by the Employer of the right to representation under this provision of the Agreement provided, however, that if a formal written letter of reprimand shall only representative is not immediately available, action may be taken subject to review by a subsequent meeting when the Chief administration deems it necessary to take prompt intervention steps. A. The normal disciplinary procedure shall consist of Police and not subject the following, however, nothing in the aforementioned shall preclude the administration in its sole discretion from moving to arbitrationany advanced step depending upon the seriousness of the offense: 1. The Chiefverbal 2. written 3. suspension 4. discharge B. In the case of a dismissal, upon completion demotion, discharge or suspension of his/her review may withdraw, modify or affirm the letter of reprimand. At any timeemployee, the affected Union shall be advised of the reasons for the dismissal, demotion, discharge or suspension of any employee may submit a written statement responding as soon as reasonably possible. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the letter of reprimand employee and such statement the Union. Causes which shall be included in deemed sufficient for suspension, demotion, or dismissal or other disciplinary action include, but are not limited to the official department and/or divisional personnel file(s)following: 1. As used herein, "formal letter of reprimand" Unauthorized or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s)excessive absence from work. 2) Letters . Conviction of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employeeany criminal act. 3) The Chief and the Association shall meet and establish a form . Disorderly or format to be used for the purpose of letters of reprimandimmoral conduct involving students or staff. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her his review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's ’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she he shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her his two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's ’s personnel files, prior to each of the appeal hearings. Any employee or his/her his representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employeeofficer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employeeofficer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her their right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's ’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's ’s personnel files, prior to each of the appeal hearings. Any employee or his/her their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his their behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's ’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's ’s personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.five

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her his review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employeeofficer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employeeofficer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.Service

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. (a) That all discipline including discharge shall be for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. (b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her their right to pursue the arbitration appeal procedures available at the City Manager's ’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's ’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's ’s personnel files, prior to each of the appeal hearings. Any employee or his/her their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. A. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. (B) The Chief of Police shall, within five (5) working days of the meeting, render a decision and reasons therefore in writing to the aggrieved party and the Association President.five

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE/DISCHARGE. a) That all The Society may discharge, suspend, demote or otherwise discipline including discharge shall be employees who have successfully completed their probationary period for just cause. Certain offenses are of such gravity and importance that the Society may impose the specific penalty of discharge. Where the dismissal of an employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one or more of these serious offenses, and the Society shall be imposed without unreasonable delayrequired to establish, subject only on a balance of probabilities, that 'the Employee committed the offence. Where the Society establishes that the employee committed the offense, then the Arbitrator or Arbitration Board, as the case may be, shall not inquire into the penalty imposed. The offenses which are considered to warrant the need for thorough investigation. b) That "just cause" for any discipline as defined hereinaftertreatment set out above are: Assaulting or abusing a Client or care member; Theft of property from a Client, care member or the Society. Nothing in this clause shall limit the Society in imposing discipline, up to and including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At for any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). 2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out belowother offense, subject to the Association's right to be a participant in all arbitration proceedingsother terms of this collective agreement. Whenever the Society formally imposes discipline, or Civil Service remedies for reviewing of at least the discipline imposed. Any employee choosing to pursue remedy under Civil Servicewritten warning level, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that on an employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for have the normal shared costs of arbitration. e) The City and the Association agree to use the Discipline Review Board processright, as outlined in Departmental Policyupon request, to recommend the presence of a union ▇▇▇▇▇▇▇. Where the Society decides to hold a meeting with an employee, to investigate a matter that may result in discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for or imposes discipline has been made as the result of on an internal investigationemployee, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify Society shall advise the employee of the recommendation for discipline. 1) If purpose of the meeting in advance and shall further advise the employee elects of her right to appealrequest the presence of the union ▇▇▇▇▇▇▇ at the meeting. If an employee is suspended or discharged, he/she the Society shall notify the Chief of Police, in union writing or by email, within ten (10) working days after receiving following the notification date of disciplinesuspension or discharge. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining All records of disciplinary action are to the case, as well as the be removed from an employee's personnel filesfile eighteen months from the date of discipline provided there has been no further disciplinary action during this eighteen (18) month period. Where an employee fails to report for a scheduled work assignment without notifying the Society in advance, prior unless such notice could not reasonably be given (it being understood that forgetting the assignment is not a reasonable excuse for failing to each of so notify) the appeal hearings. Any Society may impose the following specific penalties: a one working day suspension on the first occasion that the employee or his/her representative, if electing fails to appeal, may obtain report for work; and a copy of the entire Internal Affairs investigative file of the subject investigation. A. Within ten three (103) working days after receipt of day suspension on the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for second occasion that the employee fails to present evidence on his behalf. B. The Chief of Police shall, within report for work; and a five (5) working days day suspension on the third occasion that the employee fails to report for work; and discharge from employment on any further occasion that the employee fails to so report for work. Where a suspension or discharge for this offense is made the subject of a grievance which proceeds to arbitration, the meetingSociety shall be required to establish, render on a decision balance of probabilities, that the employee failed to report for a scheduled work assignment and reasons therefore that the employee did not advise the Society of their absence in writing advance. Where the Society establishes that the employee failed to report and did not advise the Society in advance, and the Union does not establish, on balance of probabilities, that the employee could not reasonably have given notice to the aggrieved party and Society, then the Association President.arbitrator or the arbitration board, as the case may be, shall not inquire into the penalty imposed. It is understood that offenses under this clause shall be subject to Article

Appears in 1 contract

Sources: Collective Agreement