ARTICLE 14 ‑ DISCIPLINE AND DISCHARGE
PREAMBLE: Notwithstanding the stated purpose of the Employee Assistance Program agreed to by the Company and the Union, nothing in this program shall be interpreted to limit Management’s right to take disciplinary measures; nor the Union’s right of appeal, as provided for in the policy and guidelines of the Joint Declaration of the Employee Assistance Program. No employee shall be disciplined or discharged except for just cause.
14.01 Where disciplinary or discharge action is contemplated because an employee’s behaviour is considered to constitute a threat to safety, fellow crew members, passengers and/or the Company, or that his/her presence at work is unacceptable from a passenger service point of view, the employee may be held out of service for not more than seven (7) consecutive calendar days in order to conduct a thorough investigation.
14.02 During an interview between the Company and the employee, and where disciplinary action is contemplated, the employee may request the presence of a Union representative. If practical, reasonable prior notice of such an interview will be given, informing the employee of the alleged misdemeanour(s) and of his/her right to have a Union representative present.
14.03 Where disciplinary or discharge action is contemplated, the employee shall be so informed prior to formal action being taken unless reasonable efforts to contact the employee are unsuccessful.
14.04 Where disciplinary action is considered necessary, the employee will be advised in writing of such disciplinary action, the reasons for the disciplinary action, and of his/her right to appeal by filing a grievance. Such notice will be copied to the local Union President and the Component President at the Union Headquarters level.
14.05 An employee who has been disciplined or suspended pending discharge and who considers himself unjustly dealt with, may lodge a grievance through the Union within a period of ten (10) days of receipt of the Company decision, exclusive of Saturdays, Sundays and statutory holidays. The grievance will be handled in accordance with the provisions of Articles 13.04 through 13.12, except that appeals involving suspension pending discharge will be initiated at Step II of the grievance procedure provided for in Article 13.04.
14.06 Implementation of a disciplinary suspension without pay shall normally be withheld until the appeal procedures requested in accordance with Article 14.05 have been concluded and shall be applied in the following manner:
14.06.01 If an employee elects not to appeal the discipline, the number of days of the suspension referred to in the letter of suspension will be served starting with the first day of a complete work cycle from Home Base, or in the case of a Reserve Blockholder, the first duty day, following the tenth (10th) day after the end of the appeal period.
14.06.02 In cases where an employee appeals the discipline, the number of days referred to in the last appeal hearing decision will be served starting with the first day of a complete work cycle from Home Base, or in the case of a Reserve Blockholder, the first duty day, following the tenth (10th) day after the final Company decision rendered at the last appeal step in Article 13.04.
14.06.03 Regular Blockholders will not be paid for flights missed as a result of the suspension and the minimum monthly guarantee will not apply for that month. The maximum monthly limitation will be reduced only by the hours equivalent to the hours lost within the suspension period.
14.06.04 Where an employee is suspended while on reserve s/he will be removed from the payroll for the number of days involved and his/her minimum monthly guarantee and his/her maximum limitation will be reduced by two hours and ten minutes (2:10) for each day of suspension.
14.06.05 Retardation of benefits will be in accordance with Company regulations.
14.06.06 Copies of all correspondence with respect to appeals and decisions in Articles 14.05 and 14.06 shall be provided to the employee’s Supervisor.
14.07 An employee suspended pending discharge will be discharged effective with the end of the appeal period if there is no appeal or effective with the date of the last Company decision of an appeal hearing.
14.08 Where the procedures outlined in Article 14.05 have been exhausted, the Union may initiate the arbitration procedure in accordance with Article 15.