ARTICLE 36
DISCIPLINE, DEMOTION AND DISMISSAL

36.01 The Board may discipline, demote or dismiss an employee for just cause.

36.02 Where a Department Head, or designee, determines the suspension without pay, dismissal or demotion of an employee, such determination shall be communicated to the AVP(HRS), with a copy to Employee Relations. Prior to commencing with such suspension without pay, dismissal or demotion action, the Department Head shall consult with Employee Relations.

36.03 Relief of duty with pay (i.e., Suspension with pay) is a non-disciplinary action.

36.04 An employee required to attend a formal meeting or investigation interview, with the potential for disciplinary action being taken against that employee, will be entitled to have a Workplace Rep or designated official of NASA in attendance, if s/he chooses. NASA agrees that an employee notified of a formal meeting or investigation interview and who then makes a subsequent claim under Article 24, shall have no extraordinary rights under Article 36.

36.05 Prior to the formal disciplinary meeting being convened under Clause 36.06, Employee Relations and the Department Head (or designee) will discuss, with the Workplace Rep or designated official of NASA who represented the employee in the formal meeting or investigation interview, the proposed action prior to a final determination.

36.06 If available, an employee shall receive such notification of disciplinary action at a meeting (if appropriate) convened for such purpose, at which time the employee will be entitled to have a Workplace Rep or designated official of NASA in attendance, if s/he chooses. The Department Head shall provide written verification of such action. A copy shall be given to NASA, if a Workplace Rep or designated official of NASA participates in such a meeting.

36.07 If an employee is unavailable, notification of demotion or dismissal shall be deemed to have been given if personally delivered or mailed by prepaid registered mail. Where notice is mailed, it is deemed to have been received within five (5) days of the date of mailing.

36.08 A suspension, without pay, shall be used only as a disciplinary measure and the employee shall be advised in writing by the Department Head, or designee, of the length and reasons for such suspension.

36.09 Where a letter of warning (i.e., written warning/reprimand) is submitted to an employee it shall be written by the Department Head or his/her designee at the time of the incident which gave rise to the warning, with a copy to Employee Relations. If the employee wishes to contest the letter, s/he shall do so in writing to the Department Head, with a copy to Employee Relations. The employee shall have the right to apply the grievance procedure following the receipt of the decision of the Department Head.

36.10 Upon request in writing by the employee, s/he shall be entitled to examine the contents of his/her personnel file in Human Resource Services during regular hours of work.

36.11 Upon written request by the employee, adverse reports and letters of reprimand more than three (3) years old shall be cleared from the employee's file if no further adverse reports or letters of reprimand have been submitted. The employee is entitled to put a rebuttal on his/her file to any adverse reports, letters of reprimand provided it is put on the file within a reasonable time of the employee becoming aware of same.

36.12 Apprentices

For Apprentices, this Article shall not apply to the conclusion of the employment relationship which arises either by the conclusion of the Apprenticeship program or the failure on the part of the apprentice to meet the requirements of the Apprenticeship and Industry Training Act or Regulations, including but not limited to the requirements to attend trade school; and no grievance shall be filed on account thereof.