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Article 15 : discipline

15.1 The Employer shall not discipline, suspend without pay, or discharge except for just cause. In any grievance of a disciplinary action, the burden of proof of just cause lies with the Employer. Discipline related to performance shall only be applied following the evaluation steps set out in 16.6.2 e) except in cases of very serious actions as per Article 15.10. The identity of the Employee being disciplined shall be made available only on a need to know basis.

15.2 The Employer agrees that no Employee shall be disciplined solely for failure to perform their duties because they are arrested and/or incarcerated provided that the Employee notifies their Supervisor of the situation and the expected duration thereof as soon as reasonably possible. The Employer, however, reserves the right to discipline an Employee for just cause for failure to perform their duties for reasons other than arrest and/or incarceration or for activities which may have been related to or coincident with the arrest and/or incarceration. It is understood that the Employer is not required to pay salary for work not performed during periods of incarceration outside of the periods provided for in Article 24.

15.3 The Employer accepts the concept of progressive discipline and agrees to impose discipline only in accordance with the provisions of this Article. It is understood that discipline shall not include suspension with pay as per Article 15.6.3. The fact and substance of disciplinary processes/investigations relating to the discipline shall be treated as confidential by the Employer.

15.2 Notification of Employee of the Possible Imposition of Discipline

15.2.1 When the Employer has grounds for discipline, the Employer shall forward a letter of allegation to the Employee within ten (10) Working Days, and shall notify the Employee in writing of the time and place of a meeting to discuss the matter, and shall advise the Employee of their right to Union representation. The date for the meeting as specified in the letter shall be no later than ten (10) Working Days from the date of which the letter is sent. Any relevant evaluation documents and copies or records of unsolicited complaint(s) against an Employee shall be promptly provided to them with proper confidentiality safeguards, where appropriate, and they shall be informed if an investigation will be conducted.

15.2.2 The written formal evaluation recommending discipline pursuant to section 16.6 shall also constitute the letter of the allegation as required in subsection 15.4.1. After this evaluation has been sent to the Employee, the Employer shall notify the Employee in writing of the time and place of a meeting to discuss the matter and shall advise the Employee of their right to Union representation. The date for the meeting as specified in the letter shall be no later than ten (10) Working Days from the date of the letter.

15.2.3 The Employer shall forward to the Union a copy of letters and documents referred to in subsections 15.4.1 and 15.4.2 above.

15.3 Meeting Prior to the Imposition of Discipline

15.3.1 The aim of the meeting referred to in subsections 15.4.1 or 15.4.2 is to provide the parties involved with an opportunity to exchange information and to resolve the matter informally.

15.3.2 If the matter is resolved informally, the resolution shall include an agreement as to which documents shall be amended or removed from the Employee's Personal File.

15.3.3 If the matter is not resolved to the satisfaction of the parties involved, the Employer may impose discipline.

15.4 Imposition of Discipline

15.4.1 When the Employer decides to impose discipline, the Employee and the Union shall be notified in writing of the nature of the discipline to be imposed and of the reasons for its imposition prior to the discipline taking effect.

15.4.2 The Parties agree that the first discipline imposed may take the form of a letter of reprimand. The Parties agree that the Employer may proceed directly to more severe forms of discipline for very serious actions.

15.4.3 The Employer may suspend an Employee with full pay and benefits during its consideration and investigation of serious actions allegedly committed by the Employee. It is understood that such a suspension shall not be a form of discipline, shall not be grievable, and shall not affect any right the Employee may have to be considered for other positions. Upon the Employee's return to work following the suspension, the Employer shall not require the Employee to work more hours than those remaining in their employment contract and the Employee shall not be assigned work that is not in keeping with the schedule of duties as set out in the contract, in the instructions given by the Employee's Supervisor, or in the original schedule of duties. It is further understood that the Employee shall not be responsible for any damages or detrimental consequences suffered by the Employer as a result of the Employee not performing certain duties during the suspension period.

15.5 Grievances Concerning Discipline

15.5.1 No grievance filed while the disciplinary process is unfolding may prevent the disciplinary process from continuing to its end.

15.5.2 A grievance against a disciplinary measure shall be filed pursuant to the provisions of Article 13.

15.5.3 Except in cases of very serious action(s), defined in Article 15.10, where the procedures set out in Article 15 are not followed, any discipline imposed shall be deemed invalid and no record of any such discipline shall be placed on the member's personal file and no record shall be kept of the discipline.

15.6 Any discipline or warning shall not be used against any Employee after a period of twelve (12) months of employment from the date of the discipline and the pertinent documents shall be removed from the Employee's Personal File after this time, unless the discipline pertains to a very serious action or unless discipline for similar conduct has been recorded within twelve (12) months of employment from the date of the discipline.

15.7 No Employee in a Supervisory capacity will invoke the disciplinary provisions of the Collective Agreement on any other Employee. The Employee in a Supervisory capacity shall refer all complaints in which discipline may be indicated to their immediate Supervisor. No Employee in a Supervisory capacity shall be required to attend the meeting as per 15.5, and there shall be no adverse consequences in any form whatsoever when an Employee in a Supervisory capacity chooses to exercise their right not to attend such a meeting.

15.8 The Parties agree that the phrase "very serious actions" in 15.6.2 and 15.8 includes but is not limited to gross misconduct, persistent and serious neglect of duties, harassement, sexual harassment (as defined in Article 11), discrimination (as defined by the provisions of Article 10), theft, and fraud. The University will inform the Union in writing before imposing any discipline taken for "very serious actions" including the reasons justifying the use of this article.

15.9 Discipline imposed pursuant to following a formal evaluation (as set out in Article 16.6.4) may be used in reaching decisions on hiring when determining the ability of the applicant to perform similar duties.