Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 42: Discipline and Discharge

1.  
   1. Except for the discharge of an Employee serving a probationary period, there shall be no discharge or discipline except for just cause.  The Employer may discharge an Employee for just cause.  An Employee so disciplined or discharged shall have recourse to the grievance and arbitration procedures as provided for in this Collective Agreement.  An Employee discharged for just cause shall receive from the Employer, in writing, within twenty-four (24) hours of discharge, the reason(s) for the discharge and a copy of this letter shall be sent to the Union within five (5) calendar days.
   2. During a preliminary investigation or during a discipline meeting, an Employee shall have the right to be accompanied by a Labour Relations Officer or designate of the Union. The Employer shall advise the employee the nature of the meeting and that they have the right to a Labour Relations Officer or designate of the Union at such meetings. The Employee shall be given twenty-four (24) hours advance notice of such meetings.  The twenty-four (24) notice period may be extended by mutual agreement by the Parties.
2. Subject to 42.01 (b), unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal may result in a written warning to the Employee.  A copy of this letter shall be sent to the Union within five (5) calendar days. The written warning shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the discipline.  The Employee shall be informed in writing of the results of the review.  The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
3. Subject to 42.01 (b), an Employee who has been suspended shall receive from the     Employer, in writing, the record of and the reason(s) for suspension. A copy of this letter shall be sent to the Union within five (5) calendar days.
4. An employee, who has been subject to disciplinary action, shall after two (2) years from the date the disciplinary measure was initiated, request in writing that their record be cleared of that disciplinary action. The Employer shall confirm in writing to the employee that such action has been effected.
5. Any written documents pertaining to disciplinary action or dismissal shall be removed from the Employee’s file when such disciplinary action or dismissal has been grieved and determined to be unjustified.
6. An Employee who is dismissed shall receive their termination entitlements at the time they leave in accordance with the Employment Standards Code.
7. Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant discipline may result in a non-disciplinary letter to the Employee. A copy shall be provided to the Union within five (5) working days. In such cases, the letter shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the improvement or correction.  The Employee shall be informed in writing of the results of the review.  The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
8. Where the Employee has not received further non-disciplinary letters or discipline for a period of two years following the improvement or correction period, the letter shall be removed from their record.