Progressive Discipline Policy

Purpose

The Don Berner Big Band expects that all Board Members, Employees, and contractors (collectively
DBBB Foundation Members) will conduct themselves according to the generally accepted standards
of conduct and performance. When DBBB Foundation Members do not meet these standards, the
Don Berner Big Band Foundation believes in a progressive or corrective approach to managing
discipline. This Policy will provide a benchmark for managing undesirable behavior and actions that
may result in discipline.

The ultimate goal of progressive discipline is to provide a structured and fair opportunity to correct
and improve behavior and/or performance, and justify disciplinary actions. Progressive discipline is
meant to be corrective rather than punitive with the intent to rehabilitate the behavior of the DBBB
Foundation staff.

In the case of discrepancy between this Policy and the Don Berner Big Band Foundation Bylaws, the
Bylaws of the Foundation shall prevail to the extent of disagreement.
Under no circumstances shall this guidance be used as retaliation.

Scope

This Policy applies to all Don Berner Big Band Foundation, Board Members, Employees, members of
the Foundation, and contractors, unless otherwise defined in a collective agreement, collectively
DBBB Foundation Members.
For the purposes of this Policy, the Board of Directors, Members, and Executive Director of the Don
Berner Big Band Foundation shall be as defined in the Foundation’s Bylaws.
For the purpose of this Policy, a contractor of the Don Berner Big Band Foundation is any person or
persons who have signed a contractual agreement with the Foundation, but shall not mean the
Executive Director.

Procedures for Progressive Discipline

  1. Depending upon the severity of the performance problem or improper conduct and the number
    of occurrences, disciplinary action may include any of the following four steps: first level
    warning;
  2. second level written warning;
  3. final written warning with or without suspension; and/or
  4. termination of employment or discipline proceedings in accordance with the Bylaws of the Don
    Berner Big Band Foundation or Policies enacted thereunder.

The Don Berner Big Band Foundation reserves the right to combine and/or skip steps depending on
the facts and circumstances of each situation and the nature of the offense or concern. Nothing
herein prohibits the Board of Directors of the Foundation, acting through the President of the
Foundation, from implementing any step, up to and including termination at any time, based upon
the severity of the offense or concern. This Policy in no way implies any contractual obligation to
follow any particular disciplinary procedure, and depending on the circumstances, DBBB Foundation
Members may be terminated without prior notice or disciplinary action. Employees may be
terminated for “just cause.” This is defined as misconduct of a, Board Member, the Executive
Director, Member, or contractor, or some other event relevant to the Board Member, the Executive
Director, Member, or contractor, which justifies the immediate termination of the employee
contract, society membership, or contractual agreement; a sufficient reason to terminate an
employment contract, society membership, or other contractual agreement immediately and for
which no notice or severance pay is due to the DBBB Foundation member, if applicable.

Coaching

Coaching is an ongoing initiative of the Don Berner Big Band Foundation that is a collaborative effort between:

  1. Depending upon the severity of the performance problem or improper conduct and the number of occurrences, disciplinary action may include any of the following four steps: first level warning;
  2. second level written warning
  3. final written warning with or without suspension; and/or
  4. termination of employment or discipline proceedings in accordance with the Bylaws of the Don Berner Big Band Foundation or Policies enacted thereunder.

The process involves identifying gaps in performance and setting goals to improve the services provided to the Don Berner Big Band Foundation. Coaching sessions are not meant to be disciplinary action. During these sessions, a two-way dialogue should take place to establish and review goals.

First Level Warning

This step may be taken by the President of the Foundation and/or Executive Director when positive
coaching has failed to produce the corrected behavior or improved performance during the time
frame that was agreed upon in previous coaching sessions. The first level warning is a reminder to
the DBBB Foundation Member of the Foundation’s standards and expectations. Discussion at this
point should be to seek the Member’s point of view, and to also make the standards of performance
or behavior clear. The Executive Director will retain a written record of the meeting with the
Member, and a copy must be added to the Don Berner Big Band Foundation’sRecords.

Second Level Warning

A written warning becomes necessary when an unsatisfactory performance issue that has been
addressed with a coaching conversation is repeated or additional problems occur. The Don Berner
Big Band Foundation reserves the right to issue a second level written warning to a DBBB Foundation
Member without going through the preceding step of the discipline process if the nature of the
behavior warrants a second level written warning. The President of the Foundation will set up a
meeting with the DBBB Foundation Member and discuss all elements listed in the previous warning
(if applicable). A discipline warning notice for the Don Berner Big Band Foundation Records is created
outlining expectations and corrective action required. Both the DBBB Foundation Member and the
President will review and sign the discipline warning notice. The DBBB Foundation Member does
not sign to agree or disagree with the level of discipline; the DBBB Foundation Member’s signature
acknowledges that the meeting occurred and a copy of the document has been provided. The
Executive Director will retain a copy of the record for the Don Berner Big Band Foundation records.

Final Written Warning

A suspension or final written warning is issued when further policy violations occur and/or previous
levels of progressive discipline have failed to bring the desired change in behavior, or when a
problem requires a more serious response. If the conduct addressed by the previous written warning
is repeated or additional problems occur, discipline may progress to a final written warning. The Don
Berner Big Band Foundation reserves the right to suspend a DBBB Foundation Member or without
going through the preceding steps of the discipline process if the nature of the behavior warrants
suspension or undertake termination of the Member, in accordance with the Foundation’s Bylaws
and Policies.
A discipline warning for the Don Berner Big Band Foundation records is created outlining
expectations and corrective action required. Both the DBBB Foundation member and the
Presidentreview and sign the discipline warning notice. The DBBB Foundation member does not sign
to agree or disagree with the level of discipline; the member’s signature acknowledges the meeting
occurred and a copy of the document has been provided. The President will retain a copy of the
warning and a copy must be added to the Don Berner Big Band Foundation’s records.

Termination

Below are some examples of actions that may result in a DBBB Foundation Member’s immediate termination proceedings in accordance with the Foundation’s Bylaws and Policies without progressive discipline, after review and consultation with the Don Berner Big Band Board of Directors, and include but are not limited to the following:

  • The use or possession of illegal drugs at or on Don Berner Big Band Performance Venues on contracted time.
  • Smoking or use of an ignition source in unauthorized areas at or on Don Berner Big Band Performance Venues or contracted time.
  • Theft or attempted theft of Don Berner Big Band Foundation property, another Don Berner Big Band Foundation contractor’s property, property of a performance venue, or property of another Don Berner Big Band Foundation Member.
  • Possession of an illegal weapon on any Don Berner Big Band Foundation Performance Venue.
  • Operation of any piece of equipment or vehicle in a manner that may endanger employee’s life or that of any other person, as well as any modifying or disabling of safety devices.

DBBB Foundation Members who fail to correct performance deficiencies or engage in serious misconduct may be subject to termination. Termination of membership in the Don Berner Big Band Foundation or employment by the Don Berner Big Band Foundation may occur due to the failure to take the recommended corrective action. Termination (or termination of membership) also may occur after the logical steps for progressive disciplinary action have been taken, or immediately (without previous discipline) following a serious and/or gross misconduct. The Don Berner Big Band Foundation Board of Directors reserves the right to terminate employment by or membership in the Foundation for serious problems such as illegal activity, abuse, harassment, theft, and fraud without going through a progressive discipline process. The Executive Director is responsible for providing the Board with the facts and supporting documents, evidence. Under no circumstances shall an employee be terminated without consultation with the Don Berner Big Band Board of Directors and/or termination of membership in accordance with the Foundation’s Bylaws and Policies. If approved, the Executive Director will communicate the termination to the DBBB Foundation Member. The Executive Director will provide an overview and explanation of the action at the time. All terminations will be conducted in accordance with the laws of the Province of Alberta.

Responsibilities

Contractors

  • Act in the best interests of the Don Berner Big Band Foundation at all times.
  • Comply with Don Berner Big Band Foundation Bylaws, policies, procedures, and
    standards governing employee behavior.
  • Report to rehearsals and performances at scheduled times.
  • Possession of an illegal weapon on any Don Berner Big Band Foundation Performance Venue.
  • Achieve and maintain an acceptable standard of conduct and job performance, including
    consideration to quantity, quality, efficiency and productivity for work effort.
  • Make every reasonable effort to respond to and improve upon the performance and/or
    conduct that resulted in disciplinary action.

Executive Director

  • Set clear performance expectations.
  • Meetings with the contractor should be in a timely response to the occurrence.
  • Provide coaching and regular feedback on employee performance.
  • Consult with the Don Berner Big Band Foundation Board of Directors for guidance and
    support when considering disciplinary action.
  • Follow a consistent and timely progressive discipline approach to address unacceptable
    job performance and/or contractor conduct.
  • Ensure all discipline is administered in a procedurally fair manner.
  • Provide a contractor sufficient support and opportunity to improve performance.
  • Ensure that all employees are treated fairly and with respect.
  • Ensure the safety, dignity and welfare of employees.
  • Ensure the security of the Don Berner Big Band and its venues.
  • Protect the best interests of the Don Berner Big Band Foundation, its audience, and the
    public

Board of Directors

  • Set clear performance expectations.
  • Meet with the Executive Director in a timely manner to discuss discipline actions against
    the Executive Director.
  • Provide coaching and regular feedback to the Executive Director.
  • Follow a consistent and timely progressive discipline approach to address unacceptable
    job performance and/or Executive Director conduct.
  • Provide the Executive Director sufficient support and opportunity to improve
    performance.
  • Ensure that the Executive Director is treated fairly and with respect.
  • Ensure the safety, dignity and welfare of all Foundation members.
  • Protect the best interests of the Don Berner Big Band Foundation, its audience, and the
    public.

Confidentiality

All information, including Discipline Warnings and discussions during meetings, will be
kept strictly confidential. All forms utilized for progressive discipline will be signed and
kept in the Don Berner Foundation Records.