23.1 The parties will follow the "Corrective Action/Dismissal Process" outlined below. No employee shall be subject to the process except for just cause. The corrective action process will be considered to incorporate the concept of progressive action while providing a positive method for improvement rather than punitive action.
23.3 Coaching. Informal discussion or instruction between employee and immediate supervisor. Supervisor may follow up in writing which may include a simple action plan.
23.4 Corrective Action/Dismissal Process. The Employer will make clear when formal or final counseling is being conducted. When counseling or dismissing an employee, the Employer will make every effort to protect the privacy of the employee. Translators may be requested by any party.
Formal Counseling. Formal counseling (may involve administrative personnel other than the employee's immediate supervisor) including the development of a written action plan. The action plan will identify specific problem areas, performance objectives, suggestions for remedying, and a timeframe for improvement.
Final Counseling. Final counseling (may involve administrative personnel other than the employee's immediate supervisor) including action plan discussion and revision, where appropriate. A decision-making period of one (1) day of paid time away from the work site for the employee to consider the consequences of failure to follow the action plan may be used at this step. If the Employer decides to provide a decision-making day, the employee will be given a list of expectations and problem statements prior to the day taking place.
Dismissal. Prior to dismissal, a pre-determination meeting will be scheduled to give an employee an opportunity to make his/her case before the final decision is made. The employee has the right to have a Union representative present at the pre-determination meeting. At least five (5) days prior to the meeting, the employee will be informed in writing of the reasons for the contemplated dismissal and given referenced documentation. The employee will be furnished with written notification of the outcome of the pre-determination hearing.
Demotion. Demotion of Leads and/or Supervisors may be initiated by the Employer at any step of the Corrective Action process.
23.5 Removal of Records. The employee may petition Human Resources for removal of records of corrective action in accordance with Article 22.8. Information regarding prior corrective action may be used to support a subsequent action when it has a reasonable bearing on the action being taken.
23.6 Grievability/Arbitrability. Formal counseling may be grieved through Step Two of the grievance procedure only. For the period of July 1, 2011 through to June 29, 2013 inclusively, Formal Counseling's issued and grieved through that period may be taken to arbitration. The losing party shall be responsible for the costs and fees of the arbitration, it being understood that where the arbitration has "mixed" results (I.e. not a definitive upholding or dismissal of the grievance), the arbitrator shall have jurisdiction to adjudicate costs. This section shall be removed upon expiration of the above term.
Final counseling, demotion, and dismissal may be grieved through every step of the grievance procedure beginning at Step Two.