ARTICLE 11 : DISCIPLINE AND DISMISSAL

11.1* A Member may be disciplined only for just, reasonable, and sufficient cause. Such disciplinary action shall be fair, reasonable, commensurate with the seriousness of the violations, and based on the principle of progressive discipline.

11.2*

a) The Employer shall warn an Employee in writing that discipline may follow the repetition of the act or omission complained of or the failure of the Employee to bring her/his work up to a reasonable standard by a given date. Such date shall allow the Employee reasonable opportunity to correct the problem(s) referred to in the letter of warning.

b) The decision to send a letter of warning can be considered as discipline and be used for current or future employment decisions.

c) Notwithstanding the preceding, it is understood that the Employer retains the right to discipline a Member for just cause without having first issued a letter of warning.

11.3* Notwithstanding 11.1 and 11.2, in exceptional circumstances, the Employer retains the right to discipline a Member for just cause without having first issued progressive discipline. In such cases, the Employer must take reasonable steps to inform the Association prior to the imposition of such discipline. It is further understood that the Employer is not precluded by this Article from relying on and introducing as evidence at any stage of the grievance and arbitration process the Member's previous disciplinary record related to the alleged offense.

11.4* There are normally three (3) steps in the progressive discipline process:

a) a letter of reprimand which includes detailed reasons for the expected improvements by the Member in a given time,

b) suspension without pay,

c) dismissal for cause.

11.5 Prior to imposing discipline, the Dean or her/his Designate, where appropriate must:

i) advise the Employee in writing of the time and place of a meeting to discuss the matter and of her/ his right to APTPUO representation at that meeting. Unless the member objects in writing the Association must be copied on all correspondence addressed to a member relating to the application of article 11.

It is agreed that the Employer has the right in exceptional circumstances to suspend an Employee with or without pay during the period of its consideration of the matter, and prior to the imposition of any other discipline.

11.6* Disciplinary letters and related documentation shall be removed from the Employee's personnel file after twenty-four (24) months.

11.7* All disciplinary investigations shall be treated as confidential by the Employer, the Association and the Employee.

11.8* An Employee who is disciplined shall be advised in writing of the nature of the discipline, of the reasons for the disciplinary action and of her/his right to initiate a grievance and to be represented by the Association.

11.9* Notwithstanding 11.3, any warning or discipline shall not be used against an Employee after a period of twenty-four (24) months from the date of the warning or discipline except where it can be shown that the previous warning or discipline was for conduct similar to that giving rise to the current warning or discipline.