CUPE Health Care Workers' Council of Unions

ARTICLE 10 - DISCIPLINE/DISCHARGE

10.01 Documents on Employee's File

A copy of any document or other information placed on an Employee's file which might at any time be used as the basis for disciplinary action, shall be supplied concurrently to the Employee and to the Local of the Union. Responses to any document shall, upon the request of the Employee, be added to the Employee's file. Said document shall be removed after two (2) years.

Prior to being placed in the Employee's file, all documents must be signed and dated by the Employee. Such signature shall not constitute agreement to said document.

10.02 Documentation of Disciplinary Action

a) When an Employee is dismissed, reprimanded or suspended, the Employer shall advise the Employee in writing of the reasons for the action taken and a copy shall be submitted to the Local of the Union at that time.

b) If the Employee concerned wishes to respond they may do so in writing and such response will become part of the documentation. At the Employee's request a copy of his/her response shall be forwarded to the Local of the Union.

c) Nothing from the Employee's file may be introduced as evidence in any hearing of which the Employee was not aware at the time of filing.

d) Documentation of disciplinary action shall be removed from the Employee's file provided there has been no further discipline of a similar nature rendered within two (2) years of the initial discipline.

Documentation of disciplinary action concerning client abuse shall be subject to a three (3) year time limit.

10.03 Progressive Discipline

Except in cases of gross misconduct, the Employer(s) agrees that progressive discipline will be used in dealing with Employees whose job performance and/or conduct is not satisfactory.

10.04 Presence of a Union Representative

In cases where the Employer(s) considers an Employee's conduct to warrant disciplinary action (dismissal, suspension, verbal or written reprimand) no step shall be taken other than in the presence of a Union representative. The Employee shall have an opportunity to state his/her side of the case in advance of discipline being imposed.

It is also agreed that:

i) in cases of discipline, in subsequent proceedings or arbitration hearings, evidence shall be limited to the grounds stated in the written discharge or discipline notice to the Employee and the Local of the Union;

ii) the Local of the Union and the Employee shall receive a minimum of four (4) hours notification of any meeting related to an Employee's conduct. The notice provided shall include information pertaining to the purpose of the meeting, including, but not limited to, whether the meeting involves the Employee's personnel record, job performance or sick incident usage. The Union representative shall be given a reasonable opportunity to meet with the Employee with no loss of pay or benefits prior to the Employee's scheduled meeting with the Employer.

10.05 Suspension Pending Investigation

Suspension without pay pending investigation is not considered discipline. The Employer shall render its decision regarding discipline no later than ten (10) calendar days from the date of the suspension, except as otherwise agreed between the Employer and the Local of the Union. For benefit purposes while suspended, the Employee shall be treated as if on leave without pay. Where investigations reveal that no discipline is warranted or that the discipline is less than the time spent on suspension, the Employee shall be paid for time lost and shall be credited with earned benefits by the Employer.

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CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President