Common use of Pre-Discipline Clause in Contracts

Pre-Discipline. Prior to the imposition of a suspension or fine of more than three (3) days, or a termination, the employee shall be afforded an opportunity to be confronted with the charges against him/her and to offer his/her side of the story. This opportunity shall be offered in accordance with the “▇▇▇▇▇▇▇▇▇▇ Decision” or any subsequent court decisions that shall impact pre-discipline due process requirements. This opportunity shall be scheduled no earlier than three (3) calendar days following notification to the employee and, if the Employer will present documents at the pre- disciplinary meeting, the documents will be presented to the employee at the time of notification or no later than three (3) calendar days before the pre-disciplinary meeting. An employee who is charged, or his/her representative, may make a written request for one (1) continuance of up to twenty-four (24) hours if the three (3) calendar days includes a Saturday and Sunday and such continuance shall be granted. In the event an employee refuses or fails to attend a pre-disciplinary meeting, a delegate and/or organizer shall represent in the matter at hand. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the delegate and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from said meeting shall not be challengeable on the basis of the employee’s absence or lack of participation.