1.1 Disciplinary action will only be initiated by the Company for Just cause. All disciplinary action must be presented to the Union President, Chief Shop Steward/designee, or the affected employee within Fifteen (15) days of the incident or reasonable discovery thereof, If not presented to the stated parties within the fifteen (15) days allotted, no disciplinary action will be taken. Excluding the Powered Industrial Truck Operator Point System Program, the principles of progressive discipline (Counseling, Written Warning, Final Warning/Suspensions and Discharge) will be followed except in circumstances in which other discipline, up to and including immediate termination, is necessary due to the nature and severity of the employee’s conduct. Suspensions In conjunction with final warnings will not be viewed as a mandatory separate step prior to discipline.
The Parties understand and agree that for misconduct of a willful, malicious and intentional nature such as the following, the Company may impose an immediate suspension or discharge:
• Workplace Violence or Severe Safety Violations
• Theft of Company Property
• Violation of Drug and Alcohol Policy
• Falsification of Records
• Criminal Activity on Company Premises
• Sexual Misconduct or Sexual Harassment as defined by E.E.O.C or N.L.R.A.
• Willful Damage to Company Property
• Willful Damage to Employee Property on Company Premises
• Theft of Employee property on Company Premises
1.2 All written discipline given to employees may be signed by the employee. A refusal to sign the disciplinary notice will be so noted. The Company will include a section on the disciplinary form which the Employee may initial to indicate that he or she has elected not to hove a Union representative represent them. The Union will receive a copy of the disciplinary form within twenty-four (24) hours of the issue, via email to the Chief Steward, if the Union representative is not present
1.3 An employee will have the right to have a Union representative or Union Shop Steward of his/her choice, if readily available, present during all disciplinary proceedings if requested by the employee. Copies of all disciplinary documents will be provided to the Union representative at the time of the meeting.
1.4 In accordance with Weingarten, an employee will have the right to be represented by a Union representative or Shop Steward during any investigation or interview that may lead to their own discipline if requested by the employee.
1.5 Any list of issues, infractions or misconduct set forth in this Article is not intended to be all inclusive. The Company will follow the principles of Industrial Due Process in all cases of Discipline and Discharge.
1.6 Except where the Powered Industrial Truck Operator Point System Program defines a length of time, Corrective Actions are "Actionable” for a specified period of time.
The term Actionable means that a corrective action can automatically contribute to further corrective action, up to and including termination of employment, if another infraction occurs within the time-periods established here:
• Counseling = actionable for 3 months from the date of issuance
• Warning = actionable for 6 months from the date of issuance
• Final = actionable for 9 months of the date of issuance
1.7 All discipline will be placed in the following separate categories:
1. Offenses. Offenses will include any and all disciplinary matters, but not those related to Attendance or Safety.
2. Attendance
3. Safety (Powered Industrial Truck Operator Point System)
1.8 While on a leave of absence, an employee's actionable corrective actions will "freeze” and not count towards time served.