Article 13 - Discipline

An employee will have the protection of due process provided in this Collective Agreement. Employees are entitled to Union representation at any meetings related to employment investigations and/or disciplinary action. Prior to the commencement of such meeting, the Union and the employee shall be informed of the nature of the discussions. The Employer will also allow the Union representative time and space to meet with the employee immediately following the meeting.

In all cases of discipline, the burden of proof of just cause shall rest with the Employer. Evidence presented shall pertain only to the grounds stated in the letter of discipline to the employee.

Discipline shall be administered in a timely and respectful fashion. If disciplinary action occurs, an employee may respond in writing to the discipline, and such response will become part of the employee's record.

The Employer endorses the concept of progressive discipline in situations of poor performance. However, the Employer reserves the right to use any disciplinary action deemed appropriate, regardless of the order of the following clauses.

A written warning given to an employee by the Employer will include reasons for the warning, expectations for future performance and consequences of progressive discipline with copies forwarded to the Union and Human Resources within ten (10) working days.

Warnings issued in accordance with Article 13.4 will be in writing and removed from the employee's file after one (1) year of subsequent active employment during which no disciplinary action is taken.

A written reprimand given to an employee by the Employer will include reasons for the reprimand, expectations for future performance and consequences of progressive discipline, with copies forwarded to the Union and Human Resources within ten (10) working days.

If the employee is unavailable for the disciplinary meeting, the Employer will notify the employee and the Union of the reprimand in writing.

Reprimands issued in accordance with Article 13.5 will be removed from the employee's file after two (2) years of subsequent active employment during which no disciplinary action is taken.

After one (1) year, an employee and/or the Union may request in writing that a reprimand be removed from the employee's file before the expiration of the two (2) year period. The outcome of the review will be relayed to the employee in writing.

The Employer reserves the right to suspend an employee for a period of up to two (2) weeks.

A suspension given to an employee by the Employer will include reasons for the suspension, expectations for future performance and consequences of progressive discipline, with copies forwarded to the Union and Human Resources within ten (10) working days.

If the employee is unavailable for this disciplinary meeting, the Employer will notify the employee and the Union of the suspension in writing.

Suspensions issued in accordance with Article 13.6 will be removed from the employee's file after three (3) years of subsequent active employment during which no disciplinary action is taken.

After two (2) years, an employee and/or the Union may request in writing that a suspension be removed from the employee's file before the expiration of the three (3) year period. The outcome of the review will be relayed to the employee in writing.

In instances of serious allegations of misconduct or negligence, employees may be suspended pending investigation where the Employer deems it necessary to remove the employee from the workplace to investigate the specific allegations. Suspensions pending investigation are not considered discipline and will not result in a loss of regular wages for the employee.

Where an employee is dismissed the Employer will provide written reasons to the employee, with copies forwarded to the Union and Human Resources within ten (10) working days.

If the employee is unavailable for this disciplinary meeting, the Employer will notify the employee and the Union of the dismissal in writing.