Disciplinary Grievances If the grievance is not resolved at Step 2, the Union may file a request for mediation with the Public Employment Relations Commission (PERC) in accordance with WAC ▇▇▇-▇▇-▇▇▇, with a copy to the Office of Financial Management/SHR/Labor Relations Section (OFM/SHR/LRS) and the Human Resources Office within fifteen (15) days of receipt of the Step 2 decision. In addition to all other filing requirements, the request must include a copy of the grievance and all previous responses.
Right to Grieve Other Disciplinary Action (a) Disciplinary action grievable by the employee shall include:
(1) written censures;
(2) letters of reprimand;
(3) adverse reports; or
(4) adverse employee appraisals.
(b) An employee shall be given a copy of any such document placed on the employee's file which might be the basis of disciplinary action. Should an employee dispute any such entry in their file, they shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of their personnel record.
(c) Upon the employee's request any such document, other than formal employee appraisals, shall be removed from the employee's file after the expiration of 18 months from the date it was issued provided there has not been a further infraction.
(d) The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing.
Disciplinary Matters 2.6.1 Prior to the imposition of any disciplinary penalty, the Company shall hold a Disciplinary Interview, which shall replace Step 1 of the grievance process.
2.6.2 The Company shall provide the Union and any employees who may be disciplined three (3) days’ notice of the Interview.
2.6.3 The Interview shall take place between the Company, the Union and the accused individual.
2.6.4 The Company shall set out its allegations and except where the allegations could constitute a criminal offence, the Union or the individual(s) shall set out their version of the events. Minutes, but not a transcript, of the Interview setting out the substance of the discussion shall be taken.
2.6.5 The minutes of the meeting shall be provided to the Union and the accused individual(s) within seven (7) days of the Interview.
2.6.6 The Union and the accused individual(s) shall forward a written reply to the minutes, if any, within seven (7) days of receipt of the minutes.
2.6.7 Should the Company choose to impose discipline, the Union has ten (10) days to file a grievance commencing at Step 2.
2.6.8 Nothing in the disciplinary interview process is intended to interfere with the Company’s right to investigate matters.
DISCIPLINARY AND GRIEVANCE PROCEDURES 16.1 The Employee is subject to the Company's disciplinary and grievance procedures, copies of which are available from the Group HR Manager. These procedures do not form part of the Employee's contract of employment.
16.2 If the Employee wants to raise a grievance, he may apply in writing to the CEO in accordance with the Company's grievance procedure.
16.3 If the Employee wishes to appeal against a disciplinary decision, he may apply in writing to the CEO in accordance with the Company's disciplinary procedure.
16.4 The Company may suspend the Employee from any or all of his duties for no longer than is necessary to investigate any disciplinary matter involving the Employee or so long as is otherwise reasonable while any disciplinary procedure against the Employee is outstanding.
16.5 During any period of suspension:
a) the Employee shall continue to receive his basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
b) the Employee shall remain an employee of the Company and bound by the terms of this agreement;
c) the Employee shall ensure that the CEO knows where he will be and how he can be contacted during each working day (except during any periods taken as holiday in the usual way);
d) the Company may exclude the Employee from his place of work or any other premises of the Company; and
e) the Company may require the Employee not to contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company.
GRIEVANCE PROCEDURE (Continued 6. The Board and the Administration will cooperate with any investigation of any grievance, and will furnish such information insofar as possible. Costs, if any, shall be paid by the requesting party. The cost of the copies shall comply with board policy.
7. Forms for filing a grievance and written decisions shall be given appropriate distribution to administrators, supervisors, and teachers. These forms will be readily available in each school office or from an Association representative.
8. The P.R.&R. Committee and such administrative personnel as designated by the Superintendent shall meet at least once annually to discuss and agree upon how grievances are to be handled. Such meetings shall be held prior to or during the first day of the school year. Such meetings shall be co-chaired by the chairman of the P.R.&R. Committee and a designee of the Superintendent and shall be conducted within the regular work day so far as possible.
9. A grievance must be initiated within fifteen (15) days following the act or condition or knowledge of the act which is the basis for said grievance.
10. The number of days indicated at each step shall be considered as maximum. If the aggrieved fails to file the grievance within the time limits specified in the succeeding sections of this procedure, it shall be presumed that said incident or grievance has been resolved. If the responding party fails to comply with any time limit in the succeeding sections of this procedure, the grievance may automatically be appealed to the next step in the grievance procedure. Both parties may, however, in writing, mutually agree to extend the time limits.
11. It shall be mutually agreed that the handling of any professional grievance may be conducted within the regular work day if such can be done without interruption of the students’ educational program.
12. In the event a grievance is carried to Step Four, the grievant and a member of the P.R.&R. Committee shall be granted released time with pay to attend hearings held by the arbiter if the hearing is held within a contract day.