WE ARE THE UNION!
|
WE ARE THE UNION!
|
 
|
COMPANY PROPOSAL: ARTICLE 22 DISCIPLINE AND DISCHARGE
1.
The Employer shall have the absolute right to impose discipline, up to
and including discharge, on any employee for deficiencies in, or misconduct
associated with the following:
(a) dealing
cards;
(b) handling
dice;
(c)
operating gaming equipment or devices;
(d) performing
other functions involved in the particular game;
(e) collecting
initial and losing bets and accuracy;
(f)
customer relations and customer service expectations; (g) relations
with supervisors and fellow employees while on the gaming floor; (h)
compliance with Employer’s policies and procedures relating to gaming
operations;
(i)
compliance with gaming laws and regulations;
(j)
discourteous conduct towards a guest or patron;
(k)
dishonesty; (l)
participation in strike, slowdown or other action set forth in Article
____. [no strike]
The Employer shall have complete discretion in determining if a
deficiency or misconduct exists or has occurred under these matters, as well as
the degree of discipline that will be imposed.
There shall be no requirement, express or implied, of just cause or
progressive discipline for discipline arising under this Section 1.
Nothing under this Section, including the Employer’s finding of
misconduct or deficiency, as well as the discipline imposed, shall be subject to
the grievance and arbitration procedures. However,
the Employer’s action may be grieved and brought under Section __ of the
grievance procedure. Should the
initial grievance fail to result in a satisfactory resolution for both parties,
the Union may request a meeting with the highest ranking manager in Employer’s
Human Resources Department. At this
meeting, the Union shall be presented with evidence in the Employer’s control
that the Employer believes to support the discipline.
The highest ranking manager in Employer’s Human Resources Department
shall then review the evidence to determine whether substantial evidence of the
alleged offense exists. The
manager’s determination shall be final and binding, and is likewise not
subject to further proceedings under the grievance and arbitration procedure
outlined in Article ___ of this Agreement, nor shall the decision be subject to
judicial review. [Open]
2.
Except as provided in Section 1 above, for all regular full-time and
part-time employees who have completed their probationary period, all
discharges, suspensions without pay, final warnings or other disciplinary action
shall be upheld, including by an arbitrator unless the Union has shown that the
action taken is found to be arbitrary. For
the purpose of this Agreement, any action by the Employer is arbitrary if, in
light of the factual and legal landscape at the time of the Employer’s action,
the behavior is so far outside a wide range of reasonableness.
The fact that the Employer’s decision may be in error or wrong is not
deemed to be arbitrary. The parties
specifically agree there shall be no requirements expressed or implied of just
cause, and that in ruling on grievances, an arbitrator shall hold the Company
only to the lesser standard set out above (arbitrary) and not to a “Cause”
or “Just Cause” standard. Probationary
employees may be discharged or disciplined at the discretion of the Employer,
and such discipline or discharge shall not be subject to the grievance and
arbitration procedures of Article ___.
[Open]
3.
Employees are subject to immediate discharge for engaging in serious
misconduct, regardless of whether the employee has received any prior discipline
or correction action. Serious
misconduct includes but is not limited to:
engaging in violent or threatening actions; insubordination; possessing,
consuming, using or distributing alcohol or controlled substances on the Company
premises or while on duty; testing positive for drugs or alcohol pursuant to the
Employer’s drug and alcohol policy; and willfully violating the Employer’s
rules of conduct or other policies and procedures.
[Open]
4.
Except as provided in Section 1, in disciplinary cases which do not
warrant immediate discharge as set forth in Section 3, no employee shall be
discharged without first receiving one (1) lesser form of progressive
discipline. [Open]
5.
When a regular employee is discharged or disciplined, any prior
discipline which has been imposed upon the employee within the prior twenty-four
(24) months may be considered in determining whether the discharge or discipline
was arbitrary. [Open]
6.
When a regular employee is disciplined or discharged, the reasons for
that action will be given to the employee in writing.
When an employee is discharged, copies of the written discharge notice
will be sent to the Union within seventy-two (72) hours of the discharge upon
request. An employee who is given a
written warning or suspension notice shall be required to sign that document for
purposes of acknowledging receipt and refusal to do so shall be just cause for
the imposition of further discipline. [Open]
7.
Disciplinary suspensions, warning notices, written customer complains,
and reports of outside non-governmental agencies or of the Employer’s own
security force concerning the conduct of any employee shall become null and void
twenty-four (24) months after the date of issuance as stipulated in Section 5
above (but six (6) months after the date of issuance for specific existing
disciplinary documents issued before the ratification date of this Agreement)
and may not thereafter be used as a basis for or in support of any subsequent
discharge or disciplinary action. [Open]
8.
In cases of discharge which are subject to the grievance and arbitration
procedures set forth in Article ___, employees with less than six (6) years’
Bargaining Unit seniority may, at the sole discretion of the Employer, be paid
forty (40) shifts’ pay (excluding tokes), in lieu of submitting the propriety
of the discharge to those procedures. The
Employer may make the payment provided for in this Section at the time the
employee is discharged or at any time thereafter, but not later than the date
the arbitration commences (the first witness has been called to testify).
[Open]
9.
In any discipline or discharge case, evidence of alleged condonation of
prior infractions by the employee may not be used to contest the propriety of
any discipline or discharge, so long as the Employer had, prior to the
imposition of the discipline or discharge in question, specifically advised the
employee that the involved conduct would no longer be tolerated and that any
repetition of that conduct could result in disciplinary action of the type and
to the degree of that which was imposed.
[Open]
10. Any
employee covered by this agreement who is discharged by the Employer and who
contests the propriety of the discharge shall have an affirmative duty to
mitigate any potential damages which might result to the Employer in the event
the discharge involved is submitted to arbitration as provided in Article ___
and an arbitrator does not sustain the discharge.
If evidence of such efforts of mitigation is not affirmatively presented
to the arbitrator, the arbitrator may not include back pay or any other monetary
remedy in his/her award. [Open]
UNION
COMMENTS/OPINION: See
"Status Quo": See Union Proposal: Union Article 22: Progressive Discipline
|
|
For More Information Please Contact Us At: email: TWULocal721.org or Call: Las Vegas Dealers Local 721 at: 702-476-0648 or Visit: 2770 S. Maryland Parkway, Suite 510 Updated: April 21, 2010 © 2007-08 by TWULocal721.org All Rights Reserved |
