Section 1. No employee who has been employed in the bargaining unit
described in Article 1 of this Agreement for six (6) consecutive months shall be
suspended, dismissed, removed, demoted or terminated for disciplinary reasons
without just cause. An employee who severs his/her employment with the Employer
must serve an additional probationary period upon reemployment, whether in the
same or different job title.
Section 2. In the event that an employee is not given a hearing prior to
the imposition of suspension, dismissal, removal, demotion or termination for
disciplinary reasons, then a grievance alleging a violation of Section 1 of this
Article shall be submitted in writing by the aggrieved employee within twenty (20)
working days of the date such action was taken. The grievance shall be treated as
a Step 2 grievance and Article 27 - Grievance and Arbitration Procedure - shall
apply.
Section 3. In the event that an employee is given a hearing prior to the
imposition of suspension, dismissal, removal, demotion or termination for
disciplinary reasons, a grievance alleging a violation of Section 1 of this
Article shall be submitted in writing by the aggrieved employee within twenty (20)
working days of the date such action was taken. The grievance shall be treated as
a Step 3 grievance and Article 27 - Grievance and Arbitration Procedure - shall
apply.
Section 4. In the event an employee or the Association on his/her behalf
seeks redress of any claim which could be brought under the grievance and
arbitration provisions of this Agreement in any other forum, the Employer shall be
relieved of any obligation to at any time process said claim through the grievance
and arbitration procedure set forth in this Agreement.
Section 5. Should the Association submit a grievance alleging a violation
of Section 1 to arbitration pursuant to Article 27, the arbitration shall be
conducted on an expedited basis. An employee and/or the Association shall not have
the right to grieve pursuant to this Article or Article 27, disciplinary action
taken as a result of the employee engaging in a strike, work stoppage, slowdown or
withholding of services unless the Association alleges that the employee did not
engage in such conduct.
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