Article 21: Disciplinary Measures

21.01 Any disciplinary measure must be the subject of a written notice addressed to the employee concerned and stating the reasons for the measure. Such notice must be sent simultaneously to the Union. Only those disciplinary measures of which the employee and the Union have been informed in writing can be used as evidence in arbitration and can appear in the employee’s personal file.

21.02 The Union may, in the case of any employee who is dismissed, suspended, demoted or given a written warning, file a grievance and, if necessary, submit the case to arbitration, except however in the case of an employee who is dismissed during his/her probation period.

21.03 In all cases of disciplinary measures, the University has the burden of proving that the disciplinary measure was imposed for just and sufficient cause. The arbitrator may confirm or reject the disciplinary measure, or render any other decision that he/she judges equitable under the circumstances.

21.04 In the event that a university representative finds it necessary to summon an employee for disciplinary reasons (written warning, demotion, suspension, or dismissal), the employee has the right to be accompanied by a union representative. The University will inform the employee of his/her right.

21.05 A suspension does not interrupt the continuous service of an employee.

21.06 No disciplinary measure may be imposed later than twenty (20) working days after the date of the incident which gave rise to it or of the date the immediate supervisor became aware of said incident. Upon agreement between the parties, the delays provided in the present clause may be suspended.

21.07 No confession signed by an employee can be used as evidence against her/him in an arbitration, unless it is:

• a confession signed before a union representative;

• a confession signed in the absence of a union representative but not denounced in writing by the employee within seven (7) days of its being signed. The University forwards a copy of the confession to the Union by electronic mail or facsimile as soon as it is received.

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