JUST CAUSE/WORK PERFORMANCE Sample Clauses

JUST CAUSE/WORK PERFORMANCE. The Employer shall have the right to discharge any employee for just cause. If employee feels that they have been unjustly discharged, they shall have the right of appeal, in writing, to be submitted to the Employer through the action of the Union within ten (10} business days after said discharge. The Parties agree that the following offenses shall constitute just cause for termination of employment regardless of whether any prior disciplinary actions have been issued: • Dishonesty, theft or embezzlement of Company's, employee's or customer's property or funds. This includes the removal of any Company property without authorization and giving out customer personal data. • Falsification of employment application or any records that an employee is required to keep in the performance of their job. • Improper punching in/out- including time theft by employee punching in when not actually working, employee clocking in for others or having others clock in employee's behalf • Absence of work for three (3) consecutive days without notification. • Threatening, harassing (including sexual harassment), coercing, intimidating, striking, fighting with, or attempting bodily harm to others while on Company time or property. • Possession of firearms, knives, or other dangerous weapons or objects while on Company time • Failure to report vehicle collision major damage to vehicle and other equipment to management on the day of the accident. • Gross negligence in carrying out duties. • Insubordination, including but not limited to failure to carry out any order or direct order from management and/or refusal to work on assigned jobs. Management shall be clear that the employee is being insubordinate and explain the consequence of their lack of action. In any resulting grievance or arbitration with matters above, the issue shall be limited to whether the employee engaged in such offense, and if so, the termination will be upheld. The arbitrator shall not have the right to alter, amend, delete, or add to any of the terms of this Agreement, including any authority to determine that any of offenses listed above do not rise to the level of "just cause" under general principles of arbitral or industrial law. The parties generally agree that before a regular employee is discharged or suspended for failure to perform work as required (excluding the "just cause" offenses), they shall receive a written warning of the specific failure to perform (with a copy sent to the Union) followed...