Alternative Disciplinary Procedure Sample Clauses

The Alternative Disciplinary Procedure clause establishes a process for addressing employee misconduct or performance issues that differs from the standard disciplinary procedures outlined in a company's policies. Typically, this clause allows for more flexible or informal steps, such as mediation, coaching, or tailored corrective actions, rather than immediate formal warnings or penalties. Its core function is to provide a less rigid, potentially more constructive approach to discipline, aiming to resolve issues efficiently while maintaining fairness and minimizing workplace disruption.
Alternative Disciplinary Procedure. (a) Within 18 months of when an act of alleged misconduct or incompetency occurs the officer or court empowered in Section 12.2 to make the charges shall determine whether such acts require the initiation of formal disciplinary charges pursuant to Section 12.2 of this Article or if the officer or employee shall be given the option of electing to follow the alternative disciplinary procedure to ensure that the decision to use the formal or informal proceedings is uniformly determined. For purposes of Section 12.8 only, an eligible officer or employee shall include all officers or employees who are not determined to be personal appointees of a judge by the appropriate appointing authority. (b) If the officer or court empowered in Section 12.2 to make the charges determines that the alternative disciplinary procedure will be offered as an option, the employee shall be given an Initiation of Discipline form. This form shall specify in writing a description of the conduct alleged to constitute misconduct or incompetency. The employee shall make a written election whether or not to accept the alternate disciplinary procedure. An employee who otherwise is eligible for a formal hearing pursuant to Section 12.1 of this Article may opt to pursue a formal hearing or to accept the alternate disciplinary procedure. If such an employee fails to make a written election within 10 days of receiving an Initiation of Discipline form, the employee may be served with written notice of the charges preferred against him/her and the procedures set forth in Section 12.2 shall be followed. (c) An officer or employee who elects to follow the alternative disciplinary procedure shall meet with the designee of the officer or court empowered in Section 12.2 to make the charges who shall propose a penalty after reviewing the relevant facts which form the basis for discipline, the employment history of the employee listed on the Initiation of Discipline form and any facts or arguments submitted in defense or mitigation. The penalty shall be a written reprimand and/or no more than the forfeiture of up to ten days of annual leave, compensatory time or the loss of ten days pay, if appropriate. The officer or court empowered in Section 12.2 to make the charges shall review such proposed penalty to ensure that penalties are uniformly applied. The employee thereafter shall be informed in writing of the penalty assessed. The Initiation of Discipline form shall set forth the proposed penalty, the...
Alternative Disciplinary Procedure. Nothing in this Article will prevent the parties from resolving a disciplinary matter prior to the formal service of Civil Service Law Section 75 charges.
Alternative Disciplinary Procedure. Notwithstanding the foregoing Sections 2 and 3 of this Article 9 and regardless of the disciplinary provisions set forth in Ohio Revised Code Sections 505.491 et seq., the Board of Trustees may, as an alternative and at its sole option, utilize the following procedure in lieu of the aforementioned statutory procedure in those cases where there is reason to believe that a member has committed a serious infraction which may lead to suspension, demotion and/or removal: A. The Board of Trustees and/or its designee shall reduce to writing the basis for the proposed disciplinary action. A true and accurate copy of the charges then existing shall be served upon the member, either by personal service or by certified mail. B. Prior to any suspension, demotion or removal, the Board of Trustees shall conduct a hearing on the charges. The member shall be provided at least ten (10) calendar days notice of the hearing. The time and/or date of the hearing may be continued by mutual agreement. At the hearing (which shall, if mutually agreed upon between the Board of Trustees and the member, be held in executive session), the member shall have the right to be represented by an attorney, to present evidence on his or her behalf and to question adverse witnesses. Pending any hearing, the Board of Trustees and/or the Chief of Police may place the member on administrative leave with pay. C. For purposes of this alternative disciplinary procedure, the Board of Trustees may administer oaths and, to the extent permitted by law, issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it and the Board may provide, by resolution(s), for the manner and method of exercising and enforcing this provision. The Board shall cause the hearing to be transcribed by a court reporter. D. In the event the Board of Trustees elects to utilize the alternative disciplinary procedure provided for herein, the parties intend the provisions of this alternative procedure to supersede conflicting provisions contained in both this Agreement and the Ohio Revised Code. E. Non-probationary members may elect to appeal a decision of the Board of Trustees to impose a suspension, demotion or removal under this alternative disciplinary procedure either to the Common Pleas Court as provided by law, or directly to arbitration, with the approval of the OPBA, as provided in Article 5, Step 4. In the event an appeal is taken to the Common Pleas Court, as p...
Alternative Disciplinary Procedure. (a) Within 18 months of when an act of alleged misconduct or incompetency occurs the officer or court empowered in Section 12.2 to make the charges shall determine whether such acts require the initiation of formal disciplinary charges pursuant to Section 12.2 of this Article or if the officer or employee shall be given the option of electing to follow the alternative disciplinary procedure to ensure that the decision to use the formal or informal proceedings is uniformly determined. For purposes of Section 12.8 only, an eligible officer or employee shall include all officers or employees who are not determined to be personal appointees of a judge by the appropriate appointing authority.
Alternative Disciplinary Procedure. 3.6.1 For less than serious offenses, the Employer may impose an oral reprimand, written reprimand or up to three (3) work days suspension in a summary manner, for just cause according to the procedure described below. 3.6.2 The following disciplinary measures may be imposed for a less than serious offense. 1. For the first offense, the penalty shall be an oral reprimand; 2. For the second offense, the penalty shall be either an oral or written reprimand; 3. For the third offense, the penalty shall be either an oral reprimand, written reprimand or a suspension for up to three (3) work days. 3.6.3 There shall be three (3) categories of offenses under this Section: 1) time and attendance offenses 2) safety and equipment offenses and 3) all other offenses. In determining whether an offense is a “first”, “second” or “third” offense, time and attendance offenses will be counted and categorized separately from the other offenses. In determining whether a pending offense is a “first”, “second” or “third” offense, no offense which was committed more than eighteen months prior to the pending offense shall be considered. The Union will receive copies of all written reprimands, written warnings, suspensions and other written disciplinary actions at the time they are given to the employee.
Alternative Disciplinary Procedure. 3.6.1 For less than serious offenses, the Employer may impose an oral reprimand, written reprimand or up to three (3) work days suspension in a summary manner, for just cause according to the procedure described below. 3.6.2 The following disciplinary measures may be imposed for a less than serious offense. 1. For the first offense, the penalty shall be an oral reprimand; 2. For the second offense, the penalty shall be either an oral or written reprimand; 3. For the third offense, the penalty shall be either an oral reprimand, written reprimand or a suspension for up to three (3) work days. 3.6.3 There shall be three (3) categories of offenses under this Section: 1) time and attendance offenses 2) safety and equipment offenses and 3) all other offenses. In determining whether an offense is a “first”, “second” or “third” offense, time and attendance offenses will be counted and categorized separately from the other offenses. In determining whether a pending offense is a “first”, “second” or “third” offense, no offense which was committed more than eighteen months prior to the pending offense shall be considered. The Union will receive copies of all written reprimands, written warnings, suspensions and other written disciplinary actions at the time they are given to the employee.

Related to Alternative Disciplinary Procedure

  • Disciplinary Procedure 20.01 All employees shall have the following rights: A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure. B. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of the exercise of his rights under this procedure. 20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated. 20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and ▇▇▇▇▇▇▇. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action. 20.04 Before any discipline is imposed, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, the department head may impose the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition of a suspension without pay, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and ▇▇▇▇▇▇▇. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedure. 20.05 The Union on behalf of all the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commission. 20.06 Discipline shall not be implemented until either: 1. the matter is settled, or 2. the employee fails to file a grievance within the time frame provided by this procedure, or 3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or 4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitration.

  • Disciplinary Procedures The employing authority should ensure that all employees are aware of the disciplinary rules and procedures that apply. All employees should also be aware to whom they can apply if they are dissatisfied with any disciplinary decision. These procedures should accord with legal requirements and with the ACAS Code of Practice and guidance.

  • Discipline Procedure 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in ▇▇▇ ▇▇▇▇▇ County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 5 5 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 6