Common use of Causes for Discipline Clause in Contracts

Causes for Discipline. ‌ (A) An employee who has completed the probationary period as defined in Article 8 of this Agreement will not be disciplined or discharged without just cause. In determining if just cause exists, the following seven (7) tests must be met: (1) Was the employee forewarned of the consequences of their actions? (2) Are the employer’s rules reasonably related to business efficiency and performance the employer might reasonably expect from the employee? (3) Was an effort made before discipline to determine whether the alleged misconduct occurred? (4) Was the investigation or inquiry conducted fairly and objectively? (5) Did the employer obtain substantial evidence of the employee's misconduct? (6) Were the rules applied fairly and without discrimination? (7) Was the degree of discipline reasonably related to the seriousness of the employee's offense and the employee's past record? (B) Disciplinary action will be accomplished in a manner which affords the employee the most protection possible from embarrassment before other employees or the public. (C) Discipline will consist of one of the following: (1) Oral warning (2) Written Reprimand (3) Suspension/Salary Sanction (4) Demotion (5) Discharge Notice of disciplinary action will normally be provided to the employee within fourteen (14) calendar days from the date the COUNTY had, or should reasonably have had, knowledge of the occurrence for which action is being taken. If, at the Department's discretion, an investigation is necessary, it will be initiated within fourteen (14) calendar days from the date the COUNTY had, or should reasonably have had, knowledge of the occurrence and notice of charges and intended disciplinary action will be provided to the employee within seven (7) calendar days from the date the COUNTY determines the investigation is complete. Calendar days will not include any paid leave days. When the Department notified the individual that a formal investigation is being conducted which may result in discipline, the Department will also notify the UNION. This notification requirement will not apply to preliminary inquiries meant to determine whether a formal investigation is necessary, or investigations conducted by the Sheriff, District Attorney, or any outside agency. (D) For purposes of this Section, date of occurrence will mean the date the COUNTY received a complaint, either oral or written, or had, or should reasonably have had, knowledge of an occurrence. Calendar days will not include any paid leave days. (E) It will be understood that no disciplinary action will be based on an oral warning or written reprimand in the official personnel file, which is more than three (3) years old.

Causes for Discipline. ‌ (A) An employee who has completed the probationary period as defined in Article 8 of this Agreement will shall not be disciplined or discharged without just cause. In determining if just cause exists, the following seven four (74) tests must be met: (1) Was the employee forewarned of the possible consequences of their actionsthe conduct? (2) Are Did the employer’s rules reasonably related to business efficiency and performance the employer might reasonably expect from the employeeemployee breach a rule or commit an offense as charged? (3) Was an effort made before discipline to determine whether Did the alleged employee’s act or misconduct occurredwarrant corrective action or punishment? (4) Was Is the investigation or inquiry conducted fairly penalty just and objectively? (5) Did the employer obtain substantial evidence of the employee's misconduct? (6) Were the rules applied fairly and without discrimination? (7) Was the degree of discipline reasonably related appropriate to the seriousness of the employee's act or offense and the employee's past recordas corrective punishment? (B) Disciplinary action will shall be accomplished in a manner which affords the employee the most protection possible from embarrassment before other employees or the public. (C) Discipline will shall consist of one of the following: (1) Documented Oral warningWarning (2) Written Reprimand (3) Suspension/Salary Sanction (4) DemotionDischarge (5D) Discharge Disciplinary action shall only be imposed upon an employee in relation to activities related to the employee's ability to perform duties. Disciplinary action may be taken for activities that take place outside of COUNTY premises on off-duty time only when the employee's ability and effectiveness to perform the employee’s job is impaired. (E) Notice of disciplinary action will shall normally be provided to the employee within fourteen (14) calendar days from the date the COUNTY had, or should reasonably have had, knowledge of the occurrence for which the action is being taken. If, at the Department's discretion, an investigation is necessary, it will shall be initiated within fourteen seven (147) calendar days from the date the COUNTY had, had or should reasonably have had, had knowledge of the occurrence and notice of charges and intended disciplinary action will shall be provided to the employee within seven (7) calendar days from the date the COUNTY determines the investigation is complete. Calendar days will shall not include any paid leave days. When the Department notified notifies the individual that a formal investigation is being conducted which may result in discipline, the Department will also notify the UNIONUNION and advise the UNION of anticipated length of the investigation. This notification requirement will shall not apply to preliminary inquiries meant to determine whether a formal investigation is necessaryinformal investigations, or investigations conducted by the Sheriff, District Attorney, Attorney or any outside agency. (D) For purposes of this Section, date of occurrence will mean the date the COUNTY received a complaint, either oral or written, or had, or should reasonably have had, knowledge of an occurrence. Calendar days will not include any paid leave days. (E) It will be understood that no disciplinary action will be based on an oral warning or written reprimand in the official personnel file, which is more than three (3) years old.

Causes for Discipline. ‌ (A) An employee who has completed the probationary period as defined in Article 8 of this Agreement will shall not be disciplined or discharged without just cause. In determining if just cause exists, the following seven four (74) tests must be met: (1) Was the employee forewarned of the possible consequences of their actionsthe conduct? (2) Are Did the employer’s rules reasonably related to business efficiency and performance the employer might reasonably expect from the employeeemployee breach a rule or commit an offense as charged? (3) Was an effort made before discipline to determine whether Did the alleged employee's act or misconduct occurredwarrant corrective action or punishment? (4) Was Is the investigation or inquiry conducted fairly penalty just and objectively? (5) Did the employer obtain substantial evidence of the employee's misconduct? (6) Were the rules applied fairly and without discrimination? (7) Was the degree of discipline reasonably related appropriate to the seriousness of the employee's act or offense and the employee's past recordas corrective punishment? (B) Disciplinary action will shall be accomplished in a manner which affords the employee the most protection possible from embarrassment before other employees or the public. (C) Discipline will shall consist of one of the following: (1) Documented Oral warningWarning (2) Written Reprimand (3) Suspension/Salary Sanction (4) DemotionDischarge (5D) Discharge Disciplinary action shall only be imposed upon an employee in relation to activities related to the employee's ability to perform duties. Disciplinary action may be taken for activities that take place outside of COUNTY premises on off-duty time only when the employee's ability and effectiveness to perform the employee’s job is impaired. (E) Notice of disciplinary action will shall normally be provided to the employee within fourteen (14) calendar days from the date the COUNTY had, or should reasonably have had, knowledge of the occurrence for which action is being taken. If, at the Department's discretion, an investigation is necessary, it will shall be initiated within fourteen (14) calendar days from the date the COUNTY had, or should reasonably have had, knowledge of the occurrence occurrence. The COUNTY shall notify the UNION when the investigation is complete and notice of charges and intended disciplinary action will shall be provided to the employee and the UNION within seven fourteen (714) calendar days from the date the COUNTY determines the investigation is completeof such notice. Calendar days will shall not include any paid leave days. When the Department notified notifies the individual that a formal investigation is being conducted which may result in discipline, the Department will also notify the UNIONUNION and advise the UNION of anticipated length of the investigation. This notification requirement will shall not apply to preliminary inquiries meant to determine whether a formal investigation is necessaryinformal investigations, or investigations conducted by the Sheriff, District Attorney, or any outside agency. (D) For purposes of this Section, date of occurrence will mean the date the COUNTY received a complaint, either oral or written, or had, or should reasonably have had, knowledge of an occurrence. Calendar days will not include any paid leave days. (E) It will be understood that no disciplinary action will be based on an oral warning or written reprimand in the official personnel file, which is more than three (3) years old.