Consideration of Disciplinary Action Clause Samples

The Consideration of Disciplinary Action clause outlines the process and criteria by which potential disciplinary measures are evaluated within an organization or agreement. Typically, this clause details the circumstances under which disciplinary action may be considered, the steps for investigation or review, and the parties responsible for making decisions. For example, it may specify that allegations of misconduct are reviewed by a designated committee before any action is taken. The core function of this clause is to ensure fairness and due process in handling disciplinary matters, thereby protecting both the organization and individuals from arbitrary or unjust penalties.
Consideration of Disciplinary Action. A. A disciplinary proceeding shall commence upon the issuance of a recommendation to discipline a member of one or more of the Party organizations (the “Subject Actuary”) from the Actuarial Board for Counseling and Discipline, or other appropriate body with authority under a cross-border agreement to investigate and make findings with respect to the conduct of such member (“Referring Body”). Pursuant to this Agreement, such recommendations shall be referred by the relevant Party organizations to the Council. Upon receipt of such a disciplinary recommendation, the Council shall appoint a Disciplinary Panel, including a chairperson, to consider and act upon the recommendation. The Disciplinary Panel shall consist of at least 5 persons, and shall be selected from the Pool pursuant to procedures established by the Council. B. The composition of the Disciplinary Panel selected to consider and act upon a disciplinary recommendation shall meet the following requirements: 1. At least one Disciplinary Panel member shall be appointed by the Council representatives for each of the Party organizations of which the Subject Actuary is a member. 2. The Disciplinary Panel shall have majority members in each of the Party organizations of which the Subject Actuary is a member, unless the Council, in its sole discretion, determines that compliance with this requirement is not feasible. In the event the Council determines compliance with this requirement is not feasible, and such noncompliance is inconsistent with the bylaws of a Party organization of which the Subject Actuary is a member, the case shall be referred back to such organization to consider and act upon the disciplinary recommendation pursuant to its own disciplinary procedures, and the case shall proceed pursuant to this Agreement with respect to the other Party organizations of which the Subject Actuary is a member. 3. Each Disciplinary Panel member shall be a member of at least one of the Party organizations of which the Subject Actuary is a member. C. The Subject Actuary shall have the right to object to the participation of any member of the Disciplinary Panel, pursuant to procedures established by the Council. The Council in its sole discretion may replace one or more members of the Panel in response to such an objection. D. The Disciplinary Panel shall hold a hearing to consider the matter unless both the Subject Actuary and the Disciplinary Panel agree that it need not be held. The Subject Actuary shall h...
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Consideration of Disciplinary Action. Prior to further disciplinary action, the appropriate administrator and/or supervisor of the employee shall provide written notice to the employee of the nature of the complaint and all pertinent information giving an accurate accounting of the offense or problem and the time and the date of the offense and allow the employee time to secure appropriate representation. A conference shall be scheduled to discuss the disciplinary action being considered. A copy of such notice shall be provided to the employee at least one full work day prior to discussing any consideration of disciplinary action. The employee shall have the right to have a Union representative attend the conference. It shall be the responsibility of the employee to secure appropriate representation.
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Consideration of Disciplinary Action. Should the issue not be resolved through the counseling process, prior to further disciplinary action, the appropriate administrator and/or supervisor of the employee shall provide written notice to the employee of the nature of the complaint and all pertinent information giving an accurate accounting of the offense or problem and the time and the date of the offense and allow the employee time to secure appropriate representation. A conference shall be scheduled to discuss the disciplinary action being considered. A copy of such notice shall be provided to the employee at least one full work day prior to discussing any consideration of disciplinary action. The employee shall have the right to have a Union representative attend the conference. It shall be the responsibility of the employee to secure appropriate representation.
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Related to Consideration of Disciplinary Action

  • Notice of Disciplinary Action The Employer shall advise an Employee in writing of any disciplinary action taken including, but not limited to warning, reprimand, suspension, discharge or termination and the reasons in full for such action. The Employer shall also promptly provide the Union with a copy of each such disciplinary notice.

  • Disciplinary Action (A) An employee who has attained permanent status in his current position may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplined. (C) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

  • Disciplinary Actions Disciplinary Actions and Appeals shall be governed by SP&P, TSHRS regulations and TSHRS Disciplinary Action Policy 7G.l.