Amalgamated Transit Union (ATU) Local 107 - City of Hamilton

ARTICLE 4- MANAGEMENT RIGHTS
4.01 The Union recognizes the right of the City (HSR) to operate and manage
its business in all respects in accordance with its commitments and
responsibilities, the operating schedules, the direction of the working
forces, the right to decide on the number of Employees required by the
City (HSR) at any time and jurisdiction over all operations, buildings,
machinery, tools, equipment and Employees are solely and exclusively the
responsibility of the City (HSR). The City (HSR) also has the right to make,
alter and enforce from time to time Rules and Regulations to be observed
by the Employees, but before altering any such rules, the City (HSR) must
discuss same with the duly accredited officers of the Union, and give them
an opportunity of making representation with regard to proposed
alterations.
The City (HSR) also agrees to inform the President of Local 107 of major
policy, procedure and shift changes, for the purpose of giving the Local an
opportunity to make recommendations with regard to these matters prior
to implementation. This does not include such things as Operating
Notices, Maintenance Notices, temporary shift changes, etc.
4.02 The Union acknowledges that it is the exclusive function of the City (HSR)
to hire, promote, demote, transfer, and suspend Employees, and also the
right of the City (HSR) to discipline or discharge any Employee for cause,
provided that a claim by an Employee, who has acquired seniority, that he
has been discharged or disciplined without reasonable cause may be the
subject of a grievance and dealt with as hereinafter provided.
4.03 Without limiting the generality of the foregoing provisions it is expressly
understood and agreed that reporting for work with an alcoholic breath,
drunkenness or drinking intoxicants while on duty or on the property, or
while in the City (HSR) uniform, or habitually gambling after being duly
warned, improper collection of passenger fares through negligent
operation, or intentionally allowing passengers to ride the City (HSR)'s
vehicles free, or by private contract, or by abuse of Employees' passes;
retaining all or any portion of the fare offered by a passenger, irregularities
in the operation of the farebox or in the handling of passengers' change or
fares contrary to the operators' instructions, irresponsible behaviour with
or misuse of City (HSR) funds or ticket supplies, unsatisfactory attendance
or punctuality after being duly warned, accidents through carelessness,
negligence or disregard of ordinary safety precautions, shall conclusively
be deemed to be sufficient cause for the dismissal of an Employee,
provided that nothing herein contained shall prevent an Employee from
taking a discharge case through the Grievance procedure to determine
whether or not the act complained of was committed.