The imposition of discipline without just cause by the Division or any agent thereof in the form of written warning(s) and/or suspension(s) with or without pay shall be subject to the following provisions:
(a) Where the Division or person(s) acting on behalf of the Division so disciplines any person covered by this Collective Agreement and where the affected person is not satisfied that the discipline is for just cause, the Division’s action shall be deemed to be a difference between the parties to or persons bound by this Collective Agreement under Article 8 – Provisions for Settlement of Disputes During Currency of Agreement.
(b) When such a difference is referred to a Board of Arbitration under Article 8, the Board of Arbitration shall have the power to:
- (i) uphold the discipline
- (ii) rescind the discipline
- (iii) vary or modify the discipline
- (iv) order the board to pay all or part of any loss of pay and/or benefits in respect of the discipline
- (v) do one or more of the things set out in sub-clause (i), (ii), (iii) and (iv) above.
(c) The written warning(s) shall not include Performance Assessment and Development done pursuant to Policy
GCN and/or any regulations and amendments thereto (hereinafter referred to as the policy), except where the implementation of said policy against a person covered by this Collective Agreement is for the purpose of disciplining said person.
(d) The Association agrees that the Division has the right to suspend an employee with or without pay for just cause.
Should the Division receive a serious complaint, in writing, regarding a member of the Association, the Division shall communicate, in writing, the complaint received to the member concerned. Prior to making any judgment regarding the complaint, the Division shall afford the member an opportunity to appear and answer to that complaint, either personally or by representative.