The imposition of discipline without just cause by the Mountain View School 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.
Where the Mountain View School Division or person(s) acting on behalf of the Mountain View School 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 Mountain View School Division’s action shall be deemed to be a difference between the parties to or persons bound by this collective agreement under Article 29, Provisions for Settlement of Difference.
When such a difference is referred to a Board of Arbitration under Article 29, the Board of Arbitration shall have the power to:
a) uphold the discipline
b) rescind the discipline
c) vary or modify the discipline
d) order the Board to pay all or part of any loss of pay and/or benefits in respect of the discipline
e) do one or more of the things set out in subclauses (a), (b), (c), and (d) above.
This article does not apply to teacher assessment and evaluation processes done pursuant to Mountain View School 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.
The Association agrees that the Mountain View School Division or any agent thereof has the right to suspend an employee with or without pay for just cause.