EVERGREEN TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

ARTICLE 12 - WRITTEN WARNINGS AND SUSPENSIONS

The imposition of discipline without just cause by the Division, or any agent thereof, in the form of written warning(s) and/or suspension(s) with or without pay shall be subject to the following provisions:

A. Where the Division, or person(s) acting on behalf of the Division, so disciplines any person covered by this Collective Agreement, and where the affected person is not satisfied that the discipline is for just cause, the Division’s action shall be deemed to be a difference between the parties to or persons bound by this Collective Agreement under Article 15 - Provision for Settlement of Differences.

B. When such a difference is referred to a Board of Arbitration under Article 15, the Board of Arbitration shall have the power to:
     i. Uphold the discipline;
     ii. Rescind the discipline;
     iii. Vary or modify the discipline;
     iv. Do one or more of the things set out in sub-clauses (a), (b), (c) and (d) above.

(3) This article does not apply to teacher assessment or evaluation process done pursuant to Division Policy and Practices and Amendments thereto, except to the extent that any such assessment or evaluation is used as the basis of, or in connection with, disciplinary action.

(4) The Association agrees that the Division has the right to suspend an employee with or without pay for just cause.