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Article 28 Disciplinary Action

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

28.01

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.

28.02

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 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.​ ​

28.03

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.

28.04

The Employer will make reasonable arrangements to have an Employee's personal file made available at an administrative office or headquarters that is in reasonable proximity to where the Employee works or at a place agreed on by the Employee and the Employee’s Department and at a reasonable time for the Employee to examine the Employee’s file, upon a request for the same being made by the Employee, once in every year and as well in the event of a grievance. The Employee may request a representative of the Union to be present at the time of the examination.​ ​

28.05

The personal file referred to in this Article is the personal file of an Employee maintained by the Departmental Human Resources Office or the Institution Human Resources Office. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The Parties mutually agree that payroll documentation pertaining to the Employee shall be retained electronically and made available in hard copy as required. The Parties mutually agree that no information pertaining to interview records, reference checks, or confidential information related to a diagnosis or prognosis concerning either Employee eligibility for Long Term Disability Insurance, Employee Family Assistance Services, or Employee Support and Recovery Services shall be contained in this file.​ ​

28.06

When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty 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.​ ​


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