Suspension or Dismissal Procedure Clause Samples
The Suspension or Dismissal Procedure clause outlines the formal steps an employer must follow when considering suspending or dismissing an employee. Typically, this involves providing written notice, conducting an investigation or hearing, and allowing the employee an opportunity to respond to allegations. This clause ensures that disciplinary actions are handled fairly and transparently, protecting both the employer and employee from arbitrary or unjust decisions.
Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated.
(a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate shall be notified at the same time along with the local Shop ▇▇▇▇▇▇▇ for the area.
(b) When the Union and the employee(s) are notified of the charge(s) as per Article 6.07 (a) above, an “investigative hearing” into the allegations shall be scheduled within seven (7) calendar days of the charge(s) being presented.
(c) The Unit Chairperson or designate and the employee or Owner Operator will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and a copy of evidence known at least twenty-four (24) hours prior to the hearing (it is understood that any 3rd party or sensitive evidence will be provided at the time of the investigation meeting). After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty- four (24) hours of the Company becoming aware of such evidence.
(d) The employee or owner operator may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee or owner operator out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee or owner operator out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If no discipline is levied, the employee or owner operator shall be made whole for the time held out of service.
(e) The Chief ▇▇▇▇▇▇▇ (and Unit Chairperson or designate or Local Representative if requested) will be present at the investigatory hearing along with the employee or owner operator.
(f) Any known witnesses and/or known evidence will be called by either party at the hearing or in the twenty four (24) hour period after the hearing and such witnesses will be paid for their attendance at applicable rates.
(g) The Manager or supervisor must render his/her decision within seven (7) days following the investigatory hearing (excluding Saturdays, Sundays and Statutory Holidays).
(h) Either party may request an extension of the time limit(s) outlined above and such requests shall be in writing and shall not be unreasonably withheld.
(i) Violations of this procedure will...
Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated.
(a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate shall be notified at the same time along with the local Shop ▇▇▇▇▇▇▇ for the area.
(b) When the Union and the employee(s) are notified of the charge(s) as per Article 6.05 (a) above, an “investigative hearing” into the allegations shall be scheduled within five (5) calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the charge(s) being presented.
(c) The Unit Chairperson or designate and the employee or owner operator will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and evidence known at least twenty-four (24) hours prior to the hearing. After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty-four (24) hours of the Company becoming aware of such evidence.
(d) The employee or owner operator may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee or owner operator out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee or owner operator out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If no discipline is levied, the employee or owner operator shall be made whole for the time held out of service.
Suspension or Dismissal Procedure. The following procedure will apply when any suspension or dismissal is contemplated.
(a) The employee will be notified of the incident as soon as the Employer is prepared to present it. The Chief Shop ▇▇▇▇▇▇▇ and Local Representative will be notified at the earliest opportunity, prior to the meeting.
(b) The Chief Shop ▇▇▇▇▇▇▇, Local Representative and the employee will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of incident and evidence known at least twenty-four (24) hours prior to the hearing.
(c) The Chief Shop ▇▇▇▇▇▇▇ or designate or Local Representative will be present at the investigatory hearing along with the employee.
(d) The Manager or supervisor must render their decision within seven (7) days following the investigatory hearing (excluding Saturdays, Sundays and Statutory Holidays).
(e) Either party may request an extension of the time limit(s) outlined above and such requests shall be in writing and shall not be unreasonably withheld.
(f) Violations of this procedure may render any resulting discipline null and void.
(g) The Union agrees that this procedure is not intended to delay the investigatory process.
Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated.
(a) The employee or owner operator will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson or designate shall be notified at the same time along with the local Shop ▇▇▇▇▇▇▇ for the area.
(b) When the Union and the employee(s) are notified of the charge(s) as per Article
(a) above, an “investigative hearing” into the allegations shall be scheduled within five (5) calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the charge(s) being presented.
(c) The Unit Chairperson or designate and the employee or owner operator will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and evidence known at least twenty-four
Suspension or Dismissal Procedure. The following special procedure will apply when a more than one (1) day suspension or dismissal is contemplated.
(a) The employee will be notified of the charges as soon as the Company is prepared to present them. The Unit Chair person shall be notified at the same time.
(b) When the Union and the employee(s) are notified of the charge(s) as per
(a) above, an “investigative hearing” into the allegations shall be scheduled within five (5) calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the charge(s) being presented.
(c) The Union and the employee will be given at least twenty-four (24) hours’ notice of the hearing and in addition will be given a complete outline of all charges and evidence known at least twenty-four (24) hours prior to the hearing. After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty-four (24) hours of the Company becoming aware of such evidence.
(d) The employee may be held out of service, pending an investigation, until the time of the hearing. In determining whether to hold the employee out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an employee out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed.
(e) The Chief ▇▇▇▇▇▇▇ (and Unit Chairperson or Local Representative if requested) will be present at the investigatory hearing along with the employee.