Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West
the presence of a Union Representative (Field Representative or Union steward) is conditioned upon a requirement that the Union Representative (Field Representative or Union steward) be available for participation in such investigatory interview within twenty-four (24) hours, excluding Saturday, Sunday, and holidays, of the employee’s request for his/her presence. At St. Francis Only: A. Just Cause The Employer shall discipline, suspend or discharge any employee for just cause only. B. Progressive Discipline The Employer will utilize a system of progressive discipline. Progressive steps shall include verbal counseling and/or warnings, written counseling and/or warnings, disciplinary suspensions without pay, and termination of employment. If after a 24 month period of time following the issuance of discipline, there has been no discipline of a similar nature, the disciplinary notice will be removed from the employee’s record. C. Acknowledgment of Warnings If the Employer requires an employee to sign a disciplinary action notice, the Employer will include language on the notice stating that the employee receiving such notice is requested to sign the notice to acknowledge receipt, but that such signature does not signify the employee’s agreement with the contents of the notice. D. Disciplinary Notices; Rebuttal; Union Inspection of Personnel Files 1. There shall be one official personnel file for all bargaining unit employees and they shall have the right to inspect and to be provided, on request, with one copy of any document in the employee’s personnel file. 2. Employees will receive copies of all disciplinary notices placed in their personnel files and shall have the right to rebut in writing any disciplinary notice. Such rebuttal shall be attached to the disciplinary notice and placed in the personnel file. 3. In any case where Employer and the Union agree to revise personnel record materials, Employer shall, upon request, provide evidence of the revision. E. Investigatory Meetings An employee may, upon request, have a Union representative present at a meeting when the employee reasonably believes such a meeting may result in disciplinary action. The holding of the United States Supreme Court in NLRB v. Weingarten, Inc., shall apply to investigatory interviews conducted by the Employer when an employee, upon his or her 128
equest, is entitled to have a Union Representative (Field Representative or Union steward) present during an investigatory interview in which the employee is required to participate where the employee reasonably believes that such investigation will result in disciplinary action. The right to the presence of a Union Representative (Field Representative or Union steward) is conditioned upon a requirement that the Union Representative (Field Representative or Union steward) be available for participation in such investigatory interview within twenty-four (24) hours, excluding Saturday, Sunday, and holidays, of the employee’s request for his/her presence. Notwithstanding the language above, where a union representative and the affected employee are working and available for the investigatory interview, the interview should take place during the current work shift. F. Investigatory Suspension No employee shall be held in unpaid “investigatory discipline”, “investigatory suspension,” or “unpaid administrative leave” status for longer than seven (7) calendar days. ARTICLE 32: FIELD REPRESENTATIVES’ VISITS & SHOP STEWARDS A. Field Representatives’ Visits A duly authorized Union Field Representatives shall be allowed access to visit the facility at all times to ensure compliance with this Agreement and to conduct Union business. This right shall be exercised reasonably so as not to interfere with the Employers’ operations or the work of any employee. The Union Field Representatives shall advise the Vice President of Human Resources or his/her designee immediately, in person or by telephone, upon entering the campus of the departments and areas the representative will visit. B. Union Shop Stewards 1. The Union shall provide the Employers with a written list of Union stewards after their designation, and shall notify the Employers of changes as they occur. The Union may designate one or more stewards as the Chief Steward. 2. The functions of the Union steward include the authority (1) to settle or assist in settling problems arising in connection with the application or interpretation of the Agreement, (2) to resolve grievances at Step 1 or 2 of the grievance procedure, and (3) to serve as a Union representative for Weingarten meetings. 3. Union stewards will be released without loss of pay to attend grievance and Weingarten meetings scheduled during working hours. Investigation of grievances by such stewards shall normally be conducted during non-working hours. Otherwise, Union stewards shall perform their functions or Union related activities on their own time. However, if a meeting is mutually agreed to with the Union steward during the steward’s work shift, that time will be paid for by the 129
- Page 80 and 81: education, physical disability of t
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the presence <strong>of</strong> a Union Representative (Field Representative or Union steward) is<br />
conditioned upon a requirement that the Union Representative (Field Representative or<br />
Union steward) be available for participation in such investigatory interview within<br />
twenty-four (24) hours, excluding Saturday, Sunday, and holidays, <strong>of</strong> the employee’s<br />
request for his/her presence.<br />
At St. Francis Only:<br />
A. Just Cause<br />
The Employer shall discipline, suspend or discharge any employee for just cause only.<br />
B. Progressive Discipline<br />
The Employer will utilize a system <strong>of</strong> progressive discipline. Progressive steps shall<br />
include verbal counseling and/or warnings, written counseling and/or warnings,<br />
disciplinary suspensions without pay, and termination <strong>of</strong> employment. If after a 24<br />
month period <strong>of</strong> time following the issuance <strong>of</strong> discipline, there has been no discipline <strong>of</strong><br />
a similar nature, the disciplinary notice will be removed from the employee’s record.<br />
C. Acknowledgment <strong>of</strong> Warnings<br />
If the Employer requires an employee to sign a disciplinary action notice, the Employer<br />
will include language on the notice stating that the employee receiving such notice is<br />
requested to sign the notice to acknowledge receipt, but that such signature does not<br />
signify the employee’s agreement with the contents <strong>of</strong> the notice.<br />
D. Disciplinary Notices; Rebuttal; Union Inspection <strong>of</strong> Personnel Files<br />
1. There shall be one <strong>of</strong>ficial personnel file for all bargaining unit employees and<br />
they shall have the right to inspect and to be provided, on request, with one copy<br />
<strong>of</strong> any document in the employee’s personnel file.<br />
2. Employees will receive copies <strong>of</strong> all disciplinary notices placed in their personnel<br />
files and shall have the right to rebut in writing any disciplinary notice. Such<br />
rebuttal shall be attached to the disciplinary notice and placed in the personnel<br />
file.<br />
3. In any case where Employer and the Union agree to revise personnel record<br />
materials, Employer shall, upon request, provide evidence <strong>of</strong> the revision.<br />
E. Investigatory Meetings<br />
An employee may, upon request, have a Union representative present at a meeting when<br />
the employee reasonably believes such a meeting may result in disciplinary action. The<br />
holding <strong>of</strong> the United States Supreme Court in NLRB v. Weingarten, Inc., shall apply to<br />
investigatory interviews conducted by the Employer when an employee, upon his or her<br />
128
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