Article 28 Disciplinary Action

Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees

28.01	The Employer follows the principles of progressive discipline.
28.02	When an Employee has been given a written reprimand, suspension, disciplinary demotion or is dismissed from employment, the Employee shall be informed in writing as to the reason(s) for such action. The Employee will be provided with a copy of all correspondence or written notices pertaining to the Employee’s conduct or performance which are placed on the Employee’s personal file.
28.03	An Employee who is to be interviewed for the purpose of disciplinary action or potential disciplinary action as referred to in Clause 28.01 shall:
	(a)	be notified of the time and place of the interview with reasonable advance notice which shall not be less than twenty-four (24) hours unless otherwise mutually agreed upon and, if desired by the Employee, the Employee may arrange to be accompanied by a Union Representative or Union Steward. When a Union Steward requires time off from work to accompany an Employee to an interview pursuant to this Clause, the Union Steward must obtain prior approval from the Employer to be absent from work, and, if approval is granted, leave without loss of pay will be allowed;
	(b)	where a complaint has been filed, be provided with the specifics of the allegation in a timely manner, ensuring the integrity of the investigation is not compromised; and
	(c)	have interviews/ investigation conducted in a timely manner.
28.04	An Employee who has been subject to an investigation shall receive written notification of the results of an interview/ investigation, and any subsequent disciplinary action rendered in a timely manner as appropriate to the circumstances.
28.05	An Employee who has been subjected to disciplinary action may, after twenty-four (24) months of continuous service from the date the disciplinary action was invoked, request that their personal file be purged of any record of the disciplinary action. Such request will be granted providing:
	(a)	the Employee's file does not contain any further record of disciplinary action during that twenty-four (24) months period; and
	(b)	the disciplinary action is not the subject of an unresolved grievance.
	An Employee who is absent for a period of paid or unpaid leave, or who is reinstated to employment following a period exceeding twenty (20) consecutive Work Days, from the date the disciplinary action was invoked may, at the discretion of the Employer, have a period of twenty-four (24) months continuous service extended by an equivalent period to the length of that leave.
28.06	When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or substituted a lesser penalty for that levied against the grievor, the personal file of the Employee shall be amended to reflect this action, provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to adjudication, the personal file of the Employee shall be amended to reflect the award of the arbitrator or arbitration board.
28.07	Subject to Article 29, an Employee may be dismissed, suspended, demoted or given a written reprimand for just cause.

Article 28 Disciplinary Action

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