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11.1 The employer will discipline employees for just cause only. Disciplinary action will be in the form of:
Both the employer and the union agree that the above list of types of disciplinary action is not meant to imply a sequence of events.
Disciplinary action taken by the employer shall be done in a manner that will not intentionally embarrass the employee before other employees or the public, except that action taken in accordance with Articles 11.3 and 11.5 shall not be in violation of this provision.
11.2 Suspensions and discharges will be in written form.
11.3 Written reprimands, notices of suspension, and notices of discharge to become part of an employee’s Human Resources file shall be presented in the presence of a union steward or Business Agent, if the employee requests his/her presence, and acknowledged by signature of either the employee, steward, or Business Agent. The disciplined employee and the union will receive a copy of such reprimands and/or notices. When an employee has not reported for work or has left the work site, the notice may be delivered by certified mail.
11.4 Disciplinary actions entered into an employee’s Human Resources file shall be removed after one work year (2080 straight time hours paid), if no further disciplinary actions have been taken during that year. Records of suspension shall be retained in the official personnel file for eighteen (18) months, with the exception of suspensions for issues related to sexual or racial harassment or physical violence, which shall be retained in the employee’s official personnel file for five (5) years.
11.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the employer. Permission must be secured from the supervisor if this would occur during work time. An individual's personnel file is that maintained by the Human Resources Department in addition to the vacation and sick leave records maintained by each operating department.
11.6 An investigation involving possible disciplinary action defined in Article 11.1 will not begin until the employee has been given an opportunity to have a Union Representative present at such questioning.
11.7 Any employee found to be unjustly suspended or discharged shall be reinstated and shall suffer no financial loss.