Appendix D - DISCIPLINE AND CONDUCT POLICY

Each year on or before March 31, the Hiring Hall Governance Board shall appoint the members of the Hiring Hall Conduct Board, pursuant to Section 1.4 of this document. The Conduct Board will be appointed for a one-year term of office, beginning on April 1 to coincide with the issuance of the yearly Dispatch Lists.

The Conduct Board will at all times be under the supervision of the Governance Board and shall conduct all business before the Conduct Board according to the provisions of this document.

1 Standing Rules for the Conduct Board

1.1 Frequency of Meetings of the Conduct Board
Whereas workers who have been alleged to be in violation of the Conduct Policy have a right to timely resolution of the charges, the Conduct Board will meet at least once per calendar month. They may meet more frequently if an urgent matter needs to be decided on an expedited basis.

1.2 Chair of the Conduct Board
Once the panel is appointed, the members shall select one member to serve as Chair. The Chair of the Conduct Board will be responsible to schedule and preside at all meetings of the Conduct Board. The Chair is responsible for ensuring that the complainant, the accused, and any witnesses are either deposed or made available for interview.

He shall assign other duties as needed to members of the Conduct Board.

1.3 Secretary of the Conduct Board
One member of the Conduct Board will be assigned to be the Secretary of the Conduct Board. The Secretary must attend all meetings of the Conduct Board and will keep full and accurate minutes of all meetings.

The Secretary will also be responsible to be the custodian of all documents and witness statements relevant to all disciplinary matters brought before the Conduct Board. 1.4 Manner of taking business before Conduct Board

The Conduct Board will take up a review of an alleged violation by a worker of the Conduct Policy in Section 2 of this Appendix. Such review shall be taken on the basis of written information provided by the Business Agent, a Job Steward, an Employer, or a Co-Worker.

1.5 Investigation by the Conduct Board
The Conduct Board will make a fair and thorough investigation of the charges to the best of its ability. The investigation will be done in closed session.

1.6 Adjudication and Discipline
If the Conduct Board finds that the accused has violated the Conduct Policy, the Conduct Board shall impose disciplinary action as shown in the Conduct Policy.

1.7 Notices sent to the parties
Once the Conduct Board has reached a final decision, a formal letter of explanation will be sent to the worker, the victim(s), and the complainant. These letters should be sent as soon as practicable, but in no case longer than 30 days after the decision has been entered. 1.8 Cooperation in the Appeals Process

1.8 Cooperation in the Appeals Process
If any party seeks an appeal of a decision by the Conduct Board, the members of the Conduct Board shall render whatever assistance is needed to the Hiring Hall Governance Board to conduct a fair appeal hearing.

2 Conduct Policy

2.1 conduct for which a worker may be disciplined

  1. absent from jobsite without notification
  2. habitual tardy in arriving at jobsite
  3. possession or use of alcohol or controlled substances on the jobsite d) arriving at work under the influence of drugs or alcohol
  4. theft or deliberate damage to property of the Employer, a client or sub-contractor of the Employer, or a co-worker
  5. verbal fighting on the jobsite
  6. physical fighting on the jobsite
  7. harassment or discrimination (creating a hostile work environment) against any Employer, client, or sub-contractor if the employer, any co-worker, or any member of the public
  8. substandard performance of assigned job duties
  9. offensive appearance or conduct (profanity, partial or full nudity, obscenity) in view of management or the public on the Employer’s premises
  10. attempting to replace oneself on a call after having accepted the call
  11. refusing to cooperate with a proper investigation by the Conduct Board or the Hiring Hall Governance Board, whether against yourself or another worker
  12. purposeful defamation against any Employer, client or subcontractor of any Employer, or any co-worker.
  13. stalking a manager, customer or client of the Employer or a co-worker away from the jobsite with the intent to harass or cause harm
  14. interfering with a Union representative while conducting official union business

2.2 progressive discipline

It is the goal of the Hiring Hall, through this Conduct Policy, to ensure that all workers who have been accused of misconduct shall have a fair and impartial investigation. If there is sufficient evidence to find the accused guilty of a violation of the Conduct Policy, the Conduct Board will engage in accepted practices of progressive discipline to help the worker learn how to improve their workplace performance. The least severe disciplinary action that will achieve the goal of rehabilitating the worker should be applied.

  1. written warning(s)
  2. reimbursement for property damage or loss suffered by others caused by the worker
  3. requirement to complete a training or rehabilitation class, including skills training, bias or sensitivity training, drug & alcohol rehabilitation
  4. suspension from work referral privileges for a period between 1-30 days: only those days on which a worker would actually have been called for work shall accrue to fulfilling the days of suspension.
  5. permanent removal from the Hiring Hall
  6. police reports filed