Guideline. 1. A recently hired employee is expected a level 3 performance only after a training period.
Guideline. The Employer has the right to decide what work an employee performs, and how they are to perform it. The general rule is that an employee must comply with an order from their Employer unless it is illegal or unsafe. • If the employee does not agree with an Employer's order they must work now, grieve later. The employee should follow up with the xxxxxxx after complying with the direction if they believe the order contravened the collective agreement.
Guideline. In order to be covered by Clause 11.4(a) you must be a regular employee when you terminate your employment with an employer listed in Appendix 1. You are entitled to the benefits in 11.4(a) only if you are rehired as a regular employee.
Guideline. An employee is presumed to be working within the correct classification if the employee’s minimum qualifications, level of expertise, and at least fifty percent (50%) of his/her regularly assigned duties are those normally associated with his/her job class.
Guideline. A qualifying period is different than a probationary period. • A qualifying period applies to existing employees whereas a probation period applies to new employees. • A qualifying period gives an employee time to decide if they want to return to their former position. • During the qualifying period the Employer will assess the employee’s ability to perform the duties of the new position and may decide to return the employee to their former position.
Guideline. All header objects except for those listed in section 3 should be written inside the Header Extension Object, as described in section 3.4.
Guideline. All information obtained by a xxxxxxx related to discipline is to be kept confidential. It is not to be discussed with or disclosed to anyone other than the member, the Employer and the Union. • The Employer must also keep information related to discipline confidential and should not discuss it with anyone who has no bona fide reason for having such information.
Guideline. Article 12.7 is the first step to an employee deciding whether to grieve an unsuccessful job competition. • An employee should request the reasons they were unsuccessful in writing.
Guideline. Be Aware that the timeline for filing a termination or suspension grievance is seven days. Termination and suspension must be for just cause. Xxxxxxx Xxxxx & Co (1977) 1 CLRBR 1 is the leading discipline case where the LRB said arbitrators in discipline cases must ask the following three questions: Has the employee given just and reasonable cause for some form of discipline by the Employer? If so, is the Employer's decision to discipline the employee an excessive response in all the circumstances of the case? Finally, if the discipline is excessive, what alternate measure should be substituted as just and equitable? The following is a list of mitigating factors that are often taken into consideration in discipline cases: seriousness of the offense; premeditation or repetitive conduct; a momentary or emotional aberration ( was this an isolated incident, spur of the moment); provocation; clean discipline record, previous good record of the employee; previous discipline which did not correct the problem; consistent treatment of the grievor compared with other employees in similar situations; financial hardship; the length of service of the grievor (i.e., six months, five years, 20 years); circumstances that may explain the intent of the employee (i.e., employee honestly misunderstood the nature or intent of an order given to them); was the Employer forthright and/or sincere when approached by the Employer (i.e., did the employee give clear and honest answers when first asked by the Employer). During disciplinary or grievance meetings stewards can: request the Employer be straight forward with the employee; make sure the Employer is clear in their questioning; speak up as a representative for the employee; have a list of questions prepared in advance to ask the Employer; ensure the employee understands each question asked of them; call for a caucus at any time during a meeting; always take notes and if necessary ask the Employer to slow down; request any documents the Employer may have, such as written statements. Employees should: be advised to answer the Employer's questions; answer questions clearly and honestly, as this is the opportunity for employees to explain what happened; if the investigation looks like it may result in criminal charges, obtain legal advice from a criminal lawyer; write in their own words what happened and provide their statement to ONLY the xxxxxxx and union
Guideline. Continuous service for the purpose of vacation entitlement begins on the day an employee commences a regular position. • Service as a casual employee is not included because casual employees are paid out in lieu of paid vacation • Accrual continuous is not interrupted by maternity and parental leaves. • Vacation entitlement will be adjusted for any unpaid leaves. Unpaid leaves include absences related to EI, medical leave and general leave. • Union leave is not considered an unpaid leave. • Part-time employees earn vacation on a pro-rated basis, based on their years of continuous service and hours worked (Article 2.1[b]). • All hours paid at straight-time are included in the calculation of vacation entitlement and pay. (See Article 29.5) The Employer must credit and xxxxx paid vacation on all casual hours worked by a regular employee.
