ARTICLE 6 - DISMISSAL, SUSPENSION AND DISCIPLINE

6.03 - Abandonment of Position

6.04 - Union Notification for Dismissal, Suspension and Discipline Grievances

6.05 - Right to Grieve Other Disciplinary Action

6.06 - Evaluation Reports

6.09 - Right to Have Shop Steward Present**

6.10 - Inquiry or Hearing**

6.11 - Right to Refuse to Cross a Picket Line

6.12 - Revenue Policy

6.01 - Burden of Proof

In all cases of dismissal or suspension, the burden of proof of just cause shall rest with the Employer.

6.02 - Dismissal and Suspension**

(a) Designated excluded representatives of the Employer may dismiss or suspend any employee for just and reasonable cause. Notice of dismissal or suspension shall be in writing, and shall set forth the reason(s) for the dismissal or suspension.

 

(b) Where the Employer contemplates a dismissal or suspension, the employee may be placed on a leave of absence with pay until such time as the dismissal or suspension is confirmed in writing. If a suspension without pay is confirmed, it may be done retroactively to the date of the initial incident.

 

(c) No employee shall be transferred to another point of assembly for disciplinary purposes.

 

6.03 - Abandonment of Position

An employee who fails to report for duty for 12 consecutive days without informing the Employer of a justifiable reason for his/her absence shall be presumed to have abandoned his/her position. An employee shall be afforded the opportunity to rebut such presumption and demonstrate that there were reasonable grounds for not informing the Employer. In such event, the absence in question shall be treated as a leave of absence without pay.

 

6.04 - Union Notification for Dismissal, Suspension and Discipline Grievances

A copy of an employee’s letter of dismissal, suspension or other disciplinary sanction shall be forwarded to the President of the Union electronically by the Employer on the same day that the letter is given to the employee.

 

6.05 - Right to Grieve Other Disciplinary Action

Disciplinary action grievable by the employee shall include written censures, letters of reprimand, adverse reports or performance evaluations. An employee shall be given a copy of any such document placed on the employee's file which might be the basis of disciplinary action. Should an employee dispute any such entry in his/her file, s/he shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of his/her personnel record. Upon the employee's request, any such document, other than official evaluation reports, shall be removed from the employee's file after the expiration of 18 months from the date it was issued, provided there has not been a further infraction. In any event, the Employer shall not rely on any such document for disciplinary purposes where 18 months has expired from the date such document was issued. The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing.

 

6.06 - Evaluation Reports

Where a formal appraisal of an employee's performance is carried out, the employee shall be given the opportunity to read and review the appraisal. Provision shall be made on the evaluation form for the employee to sign it. The form shall provide for the employee's signature in two places -- one indicating the employee has read and accepts the appraisal, and the other indicating that the employee disagrees with the appraisal. The employee shall sign in one of the places

provided before the end of his/her next normal working-day. No employee may initiate a grievance regarding the contents of an evaluation report unless the signature indicates disagreement with the appraisal. An employee shall, upon request, receive a copy of his/her evaluation report at time of signing. An evaluation report shall not be changed after an employee has signed it, without the knowledge of the employee, and any such changes shall be subject to

the grievance procedures of this Agreement.

 

6.07 - Short-term Assessment

A short-term assessment shall normally be carried out on an employee after s/he has completed a minimum of ten working days under the direction of the same supervisor.

 

6.08 - Personnel File

(a) The Human Resources Division shall, upon receipt of written authorization by the employee, supply the President of the Union or his/her designate with all documentation from the employee's personnel file relating to a grievance in order to facilitate an investigation.

 

(b) Subject to providing reasonable written notice to the Employer, an employee shall be provided the opportunity to review his/her personnel file(s) in the presence of an appropriate excluded employee.

 

6.09 - Right to Have Shop Steward Present**

(a) An employee shall have the right to have his/her shop steward present at any discussion which might be the basis of disciplinary action. Unless mutually agreed, 24 hours notice is required for any interview for disciplinary purposes.

 

(b) Whenever possible, the discussion or interview shall be scheduled during the working hours of the affected employee. The employee shall receive compensatory time off equal to the time s/he leaves his/her home to report for the discussion or interview until the time s/he arrives back upon proceeding directly to and from the discussion or interview that takes place outside of his/her working hours.

 

(c) The Employer shall endeavour to schedule discussions or interviews under this clause, at a time when the employee’s shop steward is at work, provided such discussion would not be unreasonably delayed by so doing.

 

(d) A shop steward shall have the right to consult with a staff representative of the Union and to have a local Union representative present at any discussion which might be the basis of disciplinary action against the shop steward.

 

6.10 - Inquiry or Hearing**

(a) The Employer shall concurrently notify the Union Office and any employee(s) affected, in advance, of its intention to conduct an inquiry or hearing into any incident involving any employee.

 

(b) Any employee who is the subject of any inquiry or hearing shall be entitled to Union representation at the inquiry or hearing. Also, upon request, and without delay to the inquiry or hearing, the employee shall be entitled to have legal counsel present at his/her cost. There shall be no loss of regular pay for the employee and for the Union representative who is an employee attending the inquiry or hearing. There shall be no disruption in scheduled services. An employee who is subject of any inquiry or hearing shall receive compensatory time off equal to the time s/he leaves his/her home to report for the inquiry or hearing until the time s/he arrives back upon proceeding directly to and from the inquiry or hearing that takes place outside of his/her working hours. The Employer shall advise the employee and the Union office of the findings resulting from any inquiry or hearing, and any resulting disciplinary action, within 14 days of the end of the inquiry or hearing.

 

(c) The Employer shall endeavour to schedule inquiries or hearings under this clause, at a time when the employee’s Union representative is at work, provided such inquiry or hearing would not be reasonably delayed by so doing.

 

(d) The Employer shall advise the Union of any notification received from the appropriate regulatory authority advising that they intend to conduct any inquiry into any incident directly involving any employee.

 

6.11 - Right to Refuse to Cross a Picket Line

(a) The Employer agrees not to discipline an employee who refuses to cross any picket line on or adjacent to Ferry Corporation property. Any employee failing to report for duty shall be considered to be absent without pay.

 

(b) Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action.

 

6.12 - Revenue Policy

Employees whose duties involve the handling of cash and/or other payment media shall not be required to repay shortages. Employees who make excessive or frequent cash errors shall be provided with further training and, if still unsatisfactory, shall revert to their former status.