Discipline and Discharge

Discipline and Discharge: Understanding Your Rights

USW Local 2010 and the Employer believe in fair treatment and progressive discipline - meaning that discipline should be reasonable, respectful, and aimed at helping employees correct issues before serious action is taken.

The details below explain how the discipline and discharge process works under your Collective Agreement, regardless of whether you are an Academic Assistant, Residence Don, or Support Staff member.

Step 1 → Discipline Must Be for “Just Cause”

  • The Employer cannot discipline, suspend, or discharge (fire; terminate) a member without just cause.
  • “Just cause” means there must be a fair and valid reason for the action, and it must be handled properly.
  • The process should follow the principle of progressive discipline, which usually starts with:
    1. Verbal or written coaching by your Manager (if applicable)
    2. Verbal Warning Letter
    3. Written Warning Letter
    4. Written Warning Letter including Suspension without pay
    5. Notice of Termination (if necessary)

Exception: In cases of serious or egregious misconduct, the Employer can skip steps and move directly to stronger discipline up to and including termination.

Step 2 → Probationary Members

  • During the probationary period, a member may be disciplined or dismissed at any time.
  • However, if the decision violates Article 5.02 (for example, is arbitrary, discriminatory, or in bad faith), the member can grieve the decision.
  • Probationary Members who have been disciplined or dismissed are strongly encouraged to contact your Union Representative immediately so an assessment can be done as to whether the discipline or dismissal was arbitrary, discriminatory, or in bad faith.
  • A Union Representative typically does not attend a disciplinary or dismissal meeting with a probationary member.

Step 3 → Written Notice and Reasons

  • If you are disciplined, suspended, or discharged, the Employer must:
    • Tell you the reasons immediately, and
    • Provide those reasons in writing within three (3) business days.
  • If a Union Representative was with you during the meeting, they’ll also receive a copy of the written notice.

Step 4 → Representation Rights

You are never alone in a disciplinary meeting.

  • Before any meeting that may lead to a written verbal warning, warning, suspension, or discharge, you have the right to:
    • Be told what the meeting is about, and
    • Be accompanied by your Union Representative.

In the case of discharge:

  • You must have a Union Representative present.
  • The Union will be notified in advance about the time and date of the meeting.

If you choose not to have a Union Representative with you:

  • You must sign a waiver, and
  • The Union will receive a copy of that waiver (with your consent).

Step 5 → After the Meeting

  • Within ten (10) business days of the meeting, the Employer must decide whether or not to impose discipline.
  • The Union will be informed of the decision if a Union Representative was present.
  • If the Employer needs more time to investigate, the Union can agree to extend the timeline.

Step 6 → Documentation and Your Employee Human Resources File

  • Any discipline imposed on a Member will be confirmed in writing to the employee and a copy will be sent to the Union. A copy will also be placed in your Employee Human Resources File in Fleming Hall.
  • Member may also wish to respond in writing to the discipline. Contact your Union Representative as they will assist you with your written response to the Employer. Your response will also be place in your Employee Human Resources File.
  • When applying for a new position at Queen’s, members of the Search Committee cannot review your file during the interview process.
  • Only auditors, Human Resources Staff, and your Manager may see your employee file, if there is an “operational need” to do so. Your Manager will only be shown the relevant information by an authorized Human Resources employee (Article 25).

Step 7 → Clearing Your Record

  • If you go eighteen (18) months (sunset clause) without any new discipline, earlier disciplinary actions will no longer count against you.
  • You can ask to request to have the disciplinary documents removed from your Human Resources file.
  • Contact your Union Representative if you wish to have them attend the Human Resources Office in Fleming Hall with you to remove the documents from your file.

In Summary

  • You can only be disciplined for just cause.
  • You have the right to Union representation at all disciplinary meetings (n_ot application for probationary members_).
  • You’ll always receive written reasons for any discipline.
  • Disciplinary documents can be removed from your employee file after eighteen (18) months with no new issues.

Need Help?

If you are called to a meeting that could lead to discipline:

  • Contact your Union Representative immediately. They can attend the meeting with you and make sure your rights are protected.
  • Your Manager is required to inform you of your right to have a Union Representative present.
  • If your Manager does not inform you of your right to Union Representative, you have the right to postpone the disciplinary meeting until a Union Representative is available to attend.
  • If you agree to go ahead and begin the disciplinary meeting, sign the waiver to not to have a Union Representative with you, but at any point during the meeting change your mind and decide you need a Union Representative with you, you have the right to stop the meeting, rescind the waiver, and request the meeting be rescheduled with your Union Representative present.