Common use of Corrective Action Clause in Contracts

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment A. The Union recognizes the right of the publicCity to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, neglect loss of dutyall or part of vacation, suspension, reduction of pay within the pay range, demotion, or any other failure dismissal. B. In cases of good behaviordismissal, the employee is entitled to payment of all wages due him with the issuance of the next regular check. C. Oral or any other acts of misfeasancewritten departmental reprimands may not be issued without a meeting between the employee and the supervisor involved. If a decision is made to issue an oral or written reprimand, malfeasance, the oral or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority written reprimand shall be processed through Article 10. Such appeals shall be submitted by the Union issued within thirty (30) days of receipt the date the supervisor becomes aware of the actionprecipitating incident. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two A copy of the Grievance Procedure. 11.2 When it is necessary written reprimand shall be sent to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infractionUnion ▇▇▇▇▇▇▇ and the Union. In instances where an oral or written reprimand results from a pre-disciplinary hearing the event of a serious incident, the forty-five thirty (4530) day time limit will begin upon the University's discovery does not apply. D. Documentation of such incident. The University agrees that it will not unreasonably or arbitrarily delay oral reprimands, which are maintained in the processing of any contemplated supervisor’s files, and written reprimands shall be removed from the employee’s records after one year provided no other corrective actionmeasures have been issued within that year. The provisions of this article All other corrective actions shall apply only to actions taken for corrective reasons. Demotions as used be removed from the employee’s records after three years provided no suspension or other action greater than a written reprimand has been sustained against the employee in this article shall not mean demotions while on probationthat three-year period. 11.3 No E. Employees are entitled to Union representation at any corrective action hearing or investigation. Investigations and hearings for bargaining unit members covered employees shall be conducted in accordance with the Supervisor’s Disciplinary Manual and Hearing Officer’s Manual, which are issued by this Agreement the City Human Resource Department. F. No employee shall be disciplined (except for oral and written reprimands and failing to quality at the end of a probationary period) without a pre-disciplinary hearing, unless the employee specifically waives the hearing in writing. Notice of the reasons for the disciplinary actions shall be given a suspension, removal or demotion order without first being given to the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified office at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ It is the responsibility of the official hearing the charge to advise the employee of his right to representation before the date of the hearing. In special cases, the employee may attend be suspended without loss pay pending a hearing. In such cases the hearing shall be held within five (5) working days of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timesuspension. 11.4 For general performance or minor offensesG. An employee may appeal a written reprimand commencing at Step Two (2) of the Grievance Procedure. All other corrective actions may be appealed through the Civil Service Commission. H. As it pertains to time lines in this Article, the principles working days are defined as Monday through Friday, not counting holidays listed in Article 10 of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)this agreement.

Appears in 4 contracts

Sources: Labor Management Agreement, Labor Management Agreement, Labor Management Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment A. The Union recognizes the right of the publicCity to take corrective action with employees for just and proper cause. A corrective action shall be considered just and proper if demonstrated by a preponderance of the evidence. Corrective action may include oral and written reprimands, neglect loss of dutyall or part of vacation, suspension, reduction of pay within the pay range, demotion, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of dismissal. All corrective action except for just causethose based on departmental tardy policy violations shall be progressive, and increasing in severity from the most-recently issued discipline on record regardless of the similarity between previous incidents. Any dispute by a bargaining unit member regarding For the purposes of corrective action, an “incident” is an underlying event that results in corrective action issued for an employee. 1. Corrective action based on a departmental tardy policy shall be progressive in nature based on other tardy policy violations still on record. 2. Employees who are AWOL for three or more consecutive shifts without calling in or contacting the department according to departmental policy will be considered to have abandoned their jobs. Employees will be terminated in the system of record without a pre-disciplinary hearing. Reinstatement to the position, if vacant, will be considered by the Appointing Authority department if evidence of inability to contact the department can be shown. B. In cases of dismissal, the employee is entitled to payment of all wages due him with the issuance of the next regular check. C. Oral or written departmental reprimands may not be issued without a meeting between the employee and the supervisor involved. If a decision is made to issue an oral or written reprimand, the oral or written reprimand shall be processed through Article 10issued within twenty-five (25) working days of the date the supervisor becomes aware of the precipitating incident. Such appeals A copy of the written reprimand shall be submitted by sent to the Union within thirty (30) days ▇▇▇▇▇▇▇ and the Union. In instances where an oral or written reprimand results from a pre-disciplinary hearing the twenty-five working day time limit does not apply. D. Documentation of receipt oral reprimands, which are maintained in the supervisor’s files, and written reprimands shall be removed from the employee’s records after one year from the date of service of the actiondiscipline provided no other corrective measures have been issued within that year. All other disputes concerned with corrective actions will shall be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two removed from the employee’s records after three years from the date of service of the Grievance Procedurediscipline provided no suspension or other action greater than a written reprimand has been sustained against the employee in that three-year period. 11.2 When it is necessary E. Upon request, employees are entitled to suspendUnion representation at investigatory meetings that may result in discipline for that employee. If an employee requests representation at such a meeting, dischargemanagement will grant the request and delay until union representation can arrive, reprimand deny the request, and end the interview, or demote a bargaining unit member, such action will allow the employee to choose whether to continue without representation. Employees are not entitled to union representation at meetings for the service of discipline. F. No employee shall be taken within forty-five disciplined (45) calendar days following except for oral and written reprimands and failing to quality at the last alleged infraction. In the event end of a serious incidentprobationary period) without a pre-disciplinary hearing, unless the forty-five (45) day time limit will begin upon employee specifically waives the University's discovery hearing in writing. Notice of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to reasons for the disciplinary actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given to the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified office at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ It is the responsibility of the official hearing the charge to advise the employee of his right to representation before the date of the hearing. In special cases, the employee may attend be suspended without loss pay pending a hearing. In such cases the hearing shall be held within five (5) working days of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timesuspension. 11.4 For general performance or minor offensesG. An employee may appeal a written reprimand commencing at Step Two (2) of the Grievance Procedure. Corrective action of more than twenty-four (24) hours may be appealed through the Civil Service Commission. In appeals to the Civil Service Commission for cases of termination, the principles City may be required to provide 1) a financial remedy based upon a salary calculation from the date of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior termination to the issuance date of a documented constructive counselingthe first hearing, or 2) reinstatement, but not both. Informal coaching On appeal, the standard of review is the preponderance of the evidence. H. As it pertains to time lines in this Article, working days are defined as Monday through Friday, not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more counting holidays listed in Article 10 of service)this agreement.

Appears in 2 contracts

Sources: Labor Management Agreement, Labor Management Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of Section 1: The Hospitals shall have the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of right to take corrective action except on a nurse for just cause. Any dispute by The parties agree that communication and feedback involving performance issues are essential to the provision of high quality patient care. If a bargaining unit member nurse is to attend a meeting with the nurse manager and such discussion could lead to corrective action, the nurse is entitled to have an OSUNO representative present if the nurse so requests. Section 2: It is expected that verbal counseling regarding general performance will be communicated as appropriate prior to formal corrective action issued being administered. A nurse who receives verbal counseling shall receive a written summary of the counseling from the manager. In the event a notation of written corrective action is made by the Appointing Authority Hospitals it shall be processed through Article 10. Such appeals filed in the personnel record of a nurse and the nurse shall be submitted by the Union within thirty (30) days of receipt receive a copy of the action. All other disputes concerned with corrective actions It is expected that performance issues will be processed through Article 8discussed with the nurse prior to corrective action. Section 3: The Hospitals and the ONA agree that no nurse covered by this Agreement shall be issued a final written reprimand, Grievance Proceduresuspended, demoted, or discharged without first being given the opportunity to attend a hearing conducted by the Administrator of the Medical Center Human Resources, or designee, at which the nurse and an ONA representative may show cause why the nurse should not be issued a final written reprimand, suspended, demoted, or discharged. First The parties agree to establish a designated weekly hearing day. The notice of the hearing and the information packet of the nurse will be received by the ONA at least five (5) working days in advance of the hearing. A copy will also be delivered to the OSUNO President, or designee, and the affected nurse(s) at least five (5) working days in advance of the hearing. An ONA representative and OSUNO President and/or designee will attend the hearing. The nurse will be paid for time spent in the hearing. Section 4: It is agreed that corrective action shall be taken according to the seriousness of the offense and that the basic purpose for corrective action is corrective not punitive. The usual progression of corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspendbe written reprimand, discharge, final written reprimand or demote a bargaining unit membersuspension, such action will and discharge. Matters may be taken within forty-five held in abeyance for purposes of corrective action, not to exceed twelve (4512) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incidentmonths. The University agrees Hospitals agree that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. Section 5: The ONA and the OSUNO president will be notified within two (2) working days of any nurse that is placed on paid administrative leave. Section 6: Nurses covered by this Agreement will have the record of any corrective action, not otherwise expunged, removed from their personnel file after the active period of the corrective action has been exhausted provided there have been no reprimands or corrective actions for a continuous period of twelve (12) months. The provisions of this article above shall apply only to reprimands or corrective actions taken which were given to a nurse for minor offenses and which are not involved in any pending litigation, including arbitration. With regard to final written reprimands and suspensions issued by Human Resources, the record of any corrective reasons. Demotions as used in this article shall actions, not mean demotions while on probationotherwise expunged, will be removed from the nurse's personnel record provided there have been no further corrective actions, related to the infraction, for a continuous period of twenty-four (24) months. 11.3 No bargaining unit members covered Section 7: Any dispute by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend regarding a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following including the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance reasonableness of such hearing at which time copies of the charge or charges alleged a related work rule, shall be made available subject to the Uniongrievance procedure as described in Article 12 and cannot be appealed to the State Personnel Board of Review. The Local Union PresidentIn the event ONA or an individual nurse is dissatisfied with the outcome of a corrective action hearing conducted by Human Resources pursuant to Section 3 of this Article, or official of the union who is not an employee of the University and a chief decision may be submitted directly to arbitration by ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Corrective Action. 11.1 SECTION 1. No bargaining unit member shall, for corrective reasons, employee shall be reduced in pay disciplined or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. A. Except in instances where the employee is found guilty of gross misconduct, discipline will be applied in a corrective, progressive and uniform manner. Any dispute Progressive discipline shall normally consist of a letter of counseling, written reprimand, suspension/working suspension, demotion, and termination. During a working suspension, the employee shall report to work on the day(s) suspended and shall be compensated at their regular rate of pay. For purposes of recording the disciplinary action, a working suspension shall have the same effect as a suspension without pay in accordance with this Article. B. Progressive discipline shall take into account the nature of the violation and the employee’s record of discipline. The Employer reserves the right to skip any or all of the normal sequence of discipline, depending on the severity of the misconduct. C. The Employer agrees not to discharge or suspend an employee without first arranging for a hearing. This hearing is to be held between the Employer, the employee, and their representative. However, no prior hearing is required to temporally suspend the employee in cases where the employee is charged with one of the following: gross insubordination; possession of firearms not in accordance with the Sheriff's policy; dishonesty; fighting; drunkenness; or being under the influence of alcohol or illegal drugs which may be verified by a bargaining unit member regarding corrective action issued by voluntary sobriety test or medical examination. In such cases, the Appointing Authority Employer may suspend the employee with pay, pending disposition until a pre-disciplinary hearing can be arranged. Said hearing must occur within ten (10) business days, excluding holidays and weekends, of the pre-disciplinary notice. The time limits of this provision may be mutually extended. SECTION 3. The Employer agrees that all disciplinary procedures shall be processed through Article 10carried out in private and in a businesslike manner. SECTION 4. Such appeals All disciplinary investigations shall be submitted by conducted in accordance with the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probationArticle. 11.3 No bargaining unit members covered A. An employee may be questioned or requested to write a statement regarding his conduct or action by this Agreement his supervisor. However, prior to an employee being asked questions during an internal non-criminal investigation, which may lead to suspension without pay or termination of the employee questioned, that employee shall be given a suspension, removal or demotion order without first being given the opportunity informed of his right to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demotedhave F.O.P. representation. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 F.O.P. representation shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ for the employee's bargaining unit. If no F.O.P. representative is available within a reasonable period of time (no more than two (2) hours) then the investigation will continue only if the delay would interfere with the ability of the department to effectively conduct the investigation. B. Except in circumstances requiring otherwise, an employee will only be asked questions during duty hours. In the event an employee is questioned during non- duty hours, the employee will be compensated at his appropriate rate of pay for the time spent being questioned. C. Any employee who refuses to answer questions may attend be charged with insubordination, only after receiving at least one warning that his continued refusal to answer questions may lead to disciplinary action. D. No polygraph or truth verification test may be administered without the voluntary consent of the employee. E. In evaluating the evidence regarding a complaint about an employee's conduct, the Employer will take into account the length of time which has expired between the date of the alleged incident and the date the complaint is received as bearing on the credibility of the complaining party. In the event a complaint is received from an anonymous source, the Employer will not take action against the employee complained about unless the complaint is supported by other corroborative evidence. F. Prior to any suspension without pay or termination of an employee, the employee will be afforded notice of the charges against him and an opportunity to review the evidence against him prior to responding in his own defense. For the purpose of this review, the Employer reserves the right to delete from the evidence, the sources that provided evidence against the employee. An employee may request an F.O.P. representative and/or attorney to assist him in responding to the charges at a disciplinary hearing before a decision is made for a suspension without pay or termination. However, under no circumstances will the request to have an attorney present be permitted to unreasonably delay holding such hearings without loss a hearing. G. The employee shall be informed, in writing, of paythe results of any investigation at the conclusion of the investigation. Investigations shall be completed within ninety (90) days of the employer’s knowledge of the incident being investigated. In the event an investigation cannot be completed in the time frame, the FOP/OLCI and the members involved will be notified by letter of the progress and revised anticipated completion date. If the requested corrective affected employee is in disagreement with the action is of taken by the Employer, he may file a serious nature, grievance in accordance with the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timegrievance procedure contained in this Agreement. 11.4 For general performance or minor offensesH. Should an employee be placed on Administrative Leave pending investigation, the principles leave may be for a period of progressive corrective action will forty-five (45) paid days and may be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any extended by written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)mutual agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of Section 1: The Hospital shall have the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of right to take corrective action except on an employee for just cause. Any dispute by The parties agree that communication and feedback involving performance issues are essential to providing the highest quality of patient care. If a bargaining unit member employee is to attend a meeting with the nurse manager and such discussion could lead to corrective action, an OSUTNO representative will be present upon the employee’s request. Section 2: Verbal counseling regarding general performance will be communicated prior to formal corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infractionbeing administered. In the event a notation of a serious incidentwritten corrective action is made by the Hospital, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay shall be filed in the processing personnel record of any contemplated the employee and the employee shall receive a copy of the corrective action. The provisions of this article employee shall apply only be required to actions taken for sign said corrective reasons. Demotions as used in this article shall action attesting to receipt; however, the employee’s signature does not mean demotions while on probationnecessarily indicate agreement. 11.3 No bargaining unit members Section 3: The Hospital and the ONA agree that no employee covered by this Agreement shall be given issued a suspensionfinal written reprimand, removal suspended, or demotion order discharged without first being given the opportunity to attend a hearing conducted by the Administrator of the Medical Center Human Resources, or designee, at which the bargaining unit members or their employee and an ONA representative may present evidence to show cause why they the employee should not be issued a final written reprimand, suspended, removed or demoteddischarged. The University shall notify bargaining unit members notice of the date hearing and time the information packet of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit employee will be automatically extended for fifteen (15) working days following received by the member's return to work. The Local Union or Regional Representative will be notified at least ONA within five (5) working days in advance of such the hearing at which time copies and a copy will be delivered to the OSUTNO President and the affected employee(s). An ONA representative and Section 4: It is agreed that corrective action shall be taken according to the seriousness of the charge or charges alleged shall be made available offense. Prior to the Unioncorrective action, verbal counseling is encouraged, as appropriate. The Local Union President, or official usual progression of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followedwritten reprimand, final written reprimand or suspension, and discharge. Section 5: The ONA and the OSUTNO President will be notified within two (2) working days of any employee that is placed on paid administrative leave. Section 6: Upon written request to the Administrator of the Medical Center Human Resources, an employee covered by this Agreement may have the record of any corrective action, not otherwise expunged, removed from the employee’s personnel record. Ordinarily, Records of written reprimands shall be expunged upon written request provided there have been no further corrective actions for a progressive continuous period of twelve (12) months. Records of final written reprimands or suspensions shall be expunged upon written request provided there have been no further corrective actions for a continuous period of twenty-four (24) months. Section 7: Any dispute by a bargaining unit member regarding a corrective action will involve informal coaching prior shall be subject to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are grievance procedure as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)described in Article 12.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of Section 1: The Hospital shall have the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of right to take corrective action except on an employee for just cause. Any dispute by The parties agree that communication and feedback involving performance issues are essential to providing the highest quality of patient care. If a bargaining unit member employee is to attend a meeting with the nurse manager and such discussion could lead to corrective action, an OSUTNO representative will be present upon the employee’s request. Section 2: Verbal counseling regarding general performance will be communicated prior to formal corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infractionbeing administered. In the event a notation of a serious incidentwritten corrective action is made by the Hospital, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay shall be filed in the processing personnel record of any contemplated the employee and the employee shall receive a copy of the corrective action. The provisions of this article employee shall apply only be required to actions taken for sign said corrective reasons. Demotions as used in this article shall action attesting to receipt; however, the employee’s signature does not mean demotions while on probationnecessarily indicate agreement. 11.3 No bargaining unit members Section 3: The Hospital and the ONA agree that no employee covered by this Agreement shall be given issued a suspensionfinal written reprimand, removal suspended, or demotion order discharged without first being given the opportunity to attend a hearing conducted by the Administrator of the Medical Center Human Resources, or designee, at which the bargaining unit members or their employee and an ONA representative may present evidence to show cause why they the employee should not be issued a final written reprimand, suspended, removed or demoteddischarged. The University shall notify bargaining unit members notice of the date hearing and time the information packet of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit employee will be automatically extended for fifteen (15) working days following received by the member's return to work. The Local Union or Regional Representative will be notified at least ONA within five (5) working days in advance of such the hearing at which time copies of the charge or charges alleged shall and a copy will be made available delivered to the UnionOSUTNO President and the affected employee(s). The Local Union President, or official of An ONA representative and the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may OSUTNO President and/or designee will attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss employee will be excused from regular work duties with pay for the hearing. Section 4: It is agreed that corrective action shall be taken according to the seriousness of paythe offense. Scheduled hearing time will not be used for preparation time Prior to corrective action, verbal counseling is encouraged, as appropriate. The usual Section 5: The ONA and the parties OSUTNO President will make every reasonable effort to start hearings be notified within two (2) working days of any employee that is placed on timepaid administrative leave. 11.4 For general performance Section 6: Employees covered by this Agreement will have the record of any corrective action, not otherwise expunged, removed from their personnel file after the active period of the corrective action has been exhausted provided there have been no reprimands or corrective actions for a continuous period of twelve (12) months. The above shall apply only to reprimands or corrective actions which were given to a nurse for minor offensesoffenses and which are not involved in any pending litigation, including arbitration. With regard to final written reprimands and suspensions issued by Human Resources, the principles record of progressive any corrective actions, not otherwise expunged, will be removed from the nurse’s personnel record provided there have been no further corrective actions, related to the infraction, for a continuous period of twenty-four (24) months. Section 7: Any dispute by a bargaining unit member regarding a corrective action will shall be followed. Ordinarily, a progressive corrective action will involve informal coaching prior subject to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are grievance procedure as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)described in Article 12.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Corrective Action. 11.1 A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, reduction in pay, suspension ordismissal. B. No bargaining unit member shall, for corrective reasons, employee shall be reduced in pay or position, suspended, discharged or removed disciplined (except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of oral and written reprimands) without a pre-disciplinary meeting unless the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance employee specifically waives the meeting in office, nor writing. Pre-disciplinary meetings shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued be conducted by the Appointing Authority Department Head or designee. In cases of serious misconduct, an employee may be suspended without pay pending a pre-disciplinary meeting. Such suspensions shall be processed through Article 10. Such appeals shall be submitted by subject to the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Proceduregrievance procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, pre-disciplinary meeting must be sent to the chief ▇▇▇▇▇▇▇ may request Teamsters Representative and to the attendance employee not later than twenty-five (25) working days from the date the supervisor becomes aware of the area ▇▇▇▇▇▇▇ who has knowledge precipitating incident. The pre-disciplinary meeting shall be held and the final disposition of the events matter which shall include the Final Form 32 with attachments and the meeting summary must be delivered or emailed to the employee, and Teamsters Representative within twenty-five (25) working days from the date of the pre-disciplinary meeting. However, this is not required in cases involving violations of Administrative Regulations 25 (Sexual Harassment), 49 (Workplace Violence), or 55 (Offensive/Derogatory Comments), this time frame will be up to eight-five (85) working days to complete the investigation and send the notice of pre-disciplinary hearing. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the investigation. Written reprimands must be issued within 25 workdays of the supervisor becoming aware of the incident leading to the written reprimand. In instances where a verbal or written reprimand results from a pre-disciplinary meeting, the twenty-five (25) working day time limit does not apply. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process. Employees are entitled to and can only use Union representation (Limited to Stewards, Presidents, and Teamsters Union Business Representatives), to represent them. This representation may occur at any corrective actionaction meeting or investigation that could reasonably lead to discipline against the employee. Such requests for Investigations and meetings with bargaining unit members shall be conducted in accordance with the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office Supervisor’s Corrective Action Manual, which is issued by The Department of Human Resources Resources. In the event there is no Union representation to participate in an investigation or meeting, the employee may use a bargaining unit co-worker as a representative. Employees may waive representation at least ten (10) days prior any corrective action meeting or investigation that could reasonably lead to discipline against the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timeemployee. 11.4 For general performance or minor offenses, D. Oral and written reprimands shall be removed from the principles of progressive employee’s personnel records after one (1) year provided no other corrective measures have been issued within that year. All other corrective action will (except dismissal) shall be followed. Ordinarily, removed from the employee’s records after three years provided no suspension or other action greater than a progressive corrective action will involve informal coaching prior to written reprimand has been sustained against the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)employee in that three-year period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, reduction in pay, suspension or dismissal. B. No bargaining unit member shall, for corrective reasons, employee shall be reduced in pay or position, suspended, discharged or removed disciplined (except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of oral and written reprimands) without a pre-disciplinary meeting unless the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance employee specifically waives the meeting in office, nor writing. Pre-disciplinary meetings shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued be conducted by the Appointing Authority Department Head or designee. In cases of serious misconduct, an employee may be suspended without pay pending a pre-disciplinary meeting. Such suspensions shall be processed through Article 10. Such appeals shall be submitted by subject to the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Proceduregrievance procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, pre-disciplinary meeting must be sent to the chief ▇▇▇▇▇▇▇ may request Teamsters Representative and to the attendance employee not later than twenty-five (25) working days from the date the supervisor becomes aware of the area ▇▇▇▇▇▇▇ who has knowledge precipitating incident. The pre-disciplinary meeting shall be held and the final disposition of the events matter which shall include the Final Form 32 with attachments and the meeting summary must be delivered or emailed to the employee, and Teamsters Representative within twenty-five (25) working days from the date of the pre-disciplinary meeting. However, this is not required in cases involving violations of Administrative Regulations 25 (Sexual Harassment), 49 (Workplace Violence), or 55 (Offensive/Derogatory Comments), this time frame will be up to eight-five (85) working days to complete the investigation and send the notice of pre-disciplinary hearing. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the investigation. Written reprimands must be issued within 25 workdays of the supervisor becoming aware of the incident leading to the written reprimand. In instances where a verbal or written reprimand results from a pre-disciplinary meeting, the twenty-five (25) working day time limit does not apply. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process. Employees are entitled to and can only use Union representation (Limited to Stewards, Presidents, and Teamsters Union Business Representatives), to represent them. This representation may occur at any corrective actionaction meeting or investigation that could reasonably lead to discipline against the employee. Such requests for Investigations and meetings with bargaining unit members shall be conducted in accordance with the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office Supervisor’s Corrective Action Manual, which is issued by The Department of Human Resources Resources. In the event there is no Union representation to participate in an investigation or meeting, the employee may use a bargaining unit co-worker as a representative. Employees may waive representation at least ten (10) days prior any corrective action meeting or investigation that could reasonably lead to discipline against the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timeemployee. 11.4 For general performance or minor offenses, D. Oral and written reprimands shall be removed from the principles of progressive employee’s personnel records after one (1) year provided no other corrective measures have been issued within that year. All other corrective action will (except dismissal) shall be followed. Ordinarily, removed from the employee’s records after three years provided no suspension or other action greater than a progressive corrective action will involve informal coaching prior to written reprimand has been sustained against the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)employee in that three-year period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall6.1 If the Owner determines that the Contractor is not cooperating or coordinating its work properly with its subcontractors, for corrective reasonsnot supplying sufficient skilled workers, be reduced in pay or positionnot cleaning up the Project, suspendednot furnishing the necessary materials, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of dutyequipment, or any other failure of good behaviortemporary services or facilities to perform the Work in strict conformance with the Contract Documents, or any other acts of misfeasance, malfeasancethe Contractor is not on schedule, or nonfeasance in officeis not otherwise performing its obligations under the Contract Documents, nor shall such bargaining unit member receive any other form of and the City orders the Contractor to take corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty action, THE CONTRACTOR SHALL IMMEDIATELY, AND IN NOT LESS THAN FORTY-EIGHT (48) HOURS AFTER NOTICE OF SUCH DETERMINATION, OR SUCH LESSER TIME AS MAY BE PROVIDED IN THE CONTRACT DOCUMENTS, (1) COMMENCE SUCH ACTION AS IS NECESSARY TO CORRECT THE DEFICIENCIES NOTED BY THE OWNER, (2) PROCEED TO USE ITS BEST EFFORTS TO CORRECT SUCH DEFICIENCIES WITHIN THIRTY (30) days DAYS OF SUCH NOTICE OR BY THE DEADLINE FOR COMPLETION OF THE PROJECT SET FORTH IN THIS AGREEMENT WHICHEVER IS SOONER AND/OR, (3) IF THE OWNER INSTRUCTS THE CONTRACTOR TO TAKE SPECIFIED CORRECTIVE ACTION, SHALL IMMEDIATELY TAKE SUCH CORRECTIVE ACTION, including but not limited to increasing the number of receipt skilled workers, providing temporary services or facilities, and cleaning up the Project. Such corrective action shall be taken and continued uninterruptedly without waiting to initiate any dispute under Paragraph 11 of this Agreement or the resolution of any dispute initiated under such paragraph. Failure of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice Owner to issue an order to take corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary Contractor to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the take corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meetingrelieve the Contractor of its obligations and duties hereunder. The time limit will be automatically extended for fifteen (15) working days following $ the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days amount set forth in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timeexhibit _ hereto. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Contract

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except 14.1 The Employer may discipline an employee for just cause. Any dispute by Discipline shall be progressive in nature and appropriate for the offense. Formal discipline subject to the grievance procedure shall start with a bargaining unit member regarding written Verbal Warning notice; provided however, only disciplinary actions greater than a Final Written Warning notice may be processed beyond Step 3 of the grievance procedure. 14.2 Corrective action notices clearly shall identify the level of the discipline issued. In general, the progression for discipline will be as follows, although it is understood that each individual case must be judged on its own merits, and that corrective action issued by the Appointing Authority shall be processed through Article 10dependent upon the seriousness of the situation: • Documented Verbal Warning • Written Warning • Final Written Warning • Suspension/Demotion • Discharge 14.3 The Employer recognizes the right of an employee to Union representation during the investigative phase of corrective action. Such appeals shall The employee must make a clear request for Union representation before or during the interview. 14.4 All notices for corrective action and/or discharge will be submitted by provided in writing to the Union affected employee(s) within thirty (30) business days of receipt (Monday through Fridays, excluding the holidays listed in Article 7) from the date the Employer became aware of the actionviolation alleged. All other disputes concerned Extensions of the time limit shall be on a case-by-case basis only with corrective actions mutual written agreement between the Employer and the Union. In cases where the extension is needed because an employee under investigation is on leave or vacation, an extension automatically will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of granted beginning the Grievance Procedure. 11.2 When it first day the employee is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incidenton leave. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement Union shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members informed of the date the employee’s leave began. The thirty (30) day timeline resumes the first day the employee returns to active duty. If the Employer places an employee on paid administrative leave, an extension shall be granted for the duration of the paid administrative leave. 14.5 All Verbal, Written and time Final Written Warnings shall remain in effect for a period of twenty- four (24) months from the date the corrective action hearingwas issued. If no other disciplinary action is taken during such twenty-four (24) month period, at their work place or most recent address of record. The time limit referenced in Article 11.2 the disciplinary notice shall be extended if a bargaining unit member does not attend a scheduled pre-corrective removed from the employee's file. A copy of any disciplinary action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available emailed to the Union. The Local Union President, or official of Employees have the union who is not right to provide a written rebuttal statement as an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested attachment to all corrective action is of a serious naturenotices, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading in addition to their access to the corrective actiongrievance procedure. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive Disciplinary/corrective action will be followed. Ordinarily, notices removed from employee personnel files are recorded into a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)discipline log in HR.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 A. No bargaining unit member shall, for corrective reasons, employee shall be reduced in pay or positiondisciplined, suspended, or discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by The forms of progressive discipline action are: 1. Documented Verbal Warning/Type I; 2. Written Warning/Type I or 2; 3. One (1) to a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to workDay Suspension/Type 3; 4. The Local Union or Regional Representative Discharge from employment/Type 4. B. Discipline will be notified at least five (5) working days applied in advance of such hearing at a progressive and uniform manner, however, discipline may be accelerated in a non-progressive manner for conduct which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature. C. The Employer and the Union agree that all disciplinary procedures shall be carried out in a private and in a businesslike manner. Bargaining Unit members cannot issue discipline to other employees. D. Whenever the Superintendent and/or his/her designee determines that an employee may be disciplined or be suspended, or discharged, a pre-disciplinary conference will be scheduled with the Superintendent or designee to give the employee an opportunity to respond to the charges of misconduct. The employee will be accompanied by a Union representative at the conference. Written notice of such conference will be mailed or personally delivered to the employee and the Union President forty-eight (48) hours in advance of such meeting. Such notice shall specify the time, date, location of the conference, and alleged misconduct. E. In any investigatory interview between a bargaining unit employee and the Employer where it is reasonably expected that discipline of the employee being interviewed will result, the chief ▇▇▇▇▇▇▇ affected employee may request the attendance to have a Union representative present at such interview. F. Records of the area ▇▇▇▇▇▇▇ who any disciplinary action shall be removed after three (3) years providing there is no intervening disciplinary action taken during that time period. Records of disciplinary action that has knowledge been substantiated involving conduct with students shall not be removed. G. Anonymous complaints with no corroborative evidence shall not be cause for disciplinary action. H. Any discipline which consists of the events leading a suspension of three (3) days or less shall not be subject to the corrective actionArbitration procedures set forth in Article 23 and shall not be appealable in a court of competent jurisdiction. Such requests for However, if such level of disciplinary action is used to support a suspension of more than three (3) days or discharge, then such actions, including lower-level reprimands may be challenged along with the attendance of an area ▇▇▇▇▇▇▇ will be made suspension or discharge through the Office grievance and arbitration procedures contained in Article 23 including any court of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timecompetent jurisdiction. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment A. The Union recognizes the right of the publicCity to take corrective action with employees for just and proper cause. Corrective action may include consultation, neglect oral and written reprimands, loss of dutyall or part of vacation; suspension, reduction of pay within the pay range, demotion, or any other failure dismissal. B. In cases of good behaviordismissal, the employee is entitled to payment of all wages due him with the issuance of the next regular paycheck. C. Oral or any other acts of misfeasancewritten departmental reprimands may not be issued without a meeting between the employee and the supervisor involved. If a decision is made to issue an oral or written reprimand, malfeasance, the oral or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority written reprimand shall be processed through Article 10. Such appeals shall be submitted by the Union issued within thirty (30) days of receipt the date the supervisor becomes aware of the actionprecipitating incident. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two A copy of the Grievance Procedure. 11.2 When it is necessary written reprimand shall be sent to suspend, discharge, reprimand the local Union ▇▇▇▇▇▇▇ (or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following to the last alleged infractionlocal Union President if no ▇▇▇▇▇▇▇ exists). In the event of instances where an oral or written reprimand results from a serious incidentpre-disciplinary hearing, the forty-five thirty (4530) day time limit will begin upon the University's discovery does not apply. D. Documentation of such incident. The University agrees that it will not unreasonably or arbitrarily delay oral reprimands, which are maintained in the processing of any contemplated supervisor’s files, and written reprimands shall be removed from the employee’s records after one (1) year provided no other corrective actionmeasures have been issued within that year. The provisions of this article All other corrective actions shall apply only to actions taken for corrective reasons. Demotions as used be removed from the employee’s records after three (3) years, provided no suspension or other action greater than a written reprimand has been sustained against the employee in this article shall not mean demotions while on probationthat three-year period. 11.3 No bargaining unit members covered by this Agreement shall be given a suspensionE. Employees are entitled to, removal or demotion order without first being given the opportunity to attend a hearing and must use, Union representation at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the any corrective action hearing, investigation, or interrogation. However, the employee may choose to represent himself, so long as a Union Representative is present at their work place or most recent address of recordsuch hearing. The time limit referenced in Article 11.2 Investigations and hearings for bargaining unit employees shall be extended if conducted in accordance with the Supervisor’s Disciplinary Manual and Hearing Officer’s Manual, which are issued by the City Human Resources Department. F. No employee shall be disciplined (except for oral and written reprimands and failing to qualify at the end of a bargaining unit member does not attend probationary period) without a scheduled pre-corrective action meetinghearing unless the employee specifically waives the hearing in writing. The time limit will Notice of the reasons for the charges shall be automatically extended for fifteen (15) working days following given to the member's return to work. The Local Union or Regional Staff Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss It is the responsibility of paythe official hearing the charges to advise the employee of his right to representation before the date of the hearing. Scheduled hearing time will not be used for preparation time Employees and the parties will make every reasonable effort management are entitled to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or no more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)than two

Appears in 1 contract

Sources: Labor Management Agreement

Corrective Action. 11.1 A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, reduction in pay, suspension or dismissal. B. No bargaining unit member shall, for corrective reasons, employee shall be reduced in pay or position, suspended, discharged or removed disciplined (except for incompetencyoral and written reprimands) without a pre-disciplinary meeting unless the employee specifically waives the meeting in writing. Pre-disciplinary meetings shall be conducted by the Department Head or designee. In cases of serious misconduct, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment an employee may be suspended without pay pending a pre-disciplinary meeting. Such suspensions shall be subject to the grievance procedure. C. Discipline must be issued to an employee within fifty (50) work days of the publicdate the supervisor becomes aware of the precipitating incident. However, neglect this will not required in cases involving violations of dutyAdministrative Regulations 25 (Sexual Harassment), 44 (Residency), 49 (Workplace Violence), or any other failure of good behavior55 (Offensive/Derogatory Comments), or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions this time frame will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly up to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within fortyeight-five (4585) calendar days following working days. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the last alleged infractioninvestigation. D. Employees are entitled to, and can only use Union representation (Limited to Stewards, Presidents, and Teamsters Union Business Representatives), to represent them. This representation may occur at any corrective action meeting or investigation that could reasonably lead to discipline against the employee. Investigations and meetings with bargaining unit members shall be conducted in accordance with the Supervisor’s Corrective Action Manual, which is issued by The Department of Human Resources. In the event of a serious incidentthere is no Union representation to participate in an investigation or meeting, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative employee may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if use a bargaining unit member does not attend co-worker as a scheduled pre-representative. Employees may waive representation at any corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following meeting or investigation that could reasonably lead to discipline against the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged employee. E. Oral and written reprimands shall be made available to removed from the Unionemployee’s personnel records after one (1) year provided no other corrective measures have been issued within that year. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested All other corrective action is of (except dismissal) shall be removed from the employee’s records after three years provided no suspension or other action greater than a serious nature, written reprimand has been sustained against the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timeemployee in that three year period. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of Section 1. The right to take corrective action except for just causebelongs to and remains with the Authority. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members Employees covered by this Agreement shall have the right to be heard in accordance with the grievance procedure. All employees are subject to the rules and regulations of the Authority except where this Agreement takes precedence. An employee will not be charged with an infraction or discharged without just cause. All corrective action type entries added to an employee's record will be done with the employee's knowledge. In each case where corrective action is taken, the employee and the Union will be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members written statement of the date and time of charges against him as well as the corrective action hearing, at their work place or most recent address of recordto be taken. The time limit referenced in Article 11.2 Union will be present at any corrective action meeting where the Authority intends to terminate an employee who is a member of the Union’s Bargaining Unit, unless the employee requests otherwise. No corrective action by suspension shall be extended if a bargaining unit member does administered against any employee that will permanently impair his seniority. Any complaint made from the public which is not attend a scheduled pre-verifiable by the Authority shall not be used against an employee for corrective actions. Verifiable means being able to identify the complainant via physical address, phone, or email communication. Section 2. For the purpose of this Article, the parties agree that corrective action meetingmatters are of the utmost concern and Bargaining Unit employees shall be afforded the opportunity of rapid, fair and equitable appeal procedures. In this connection, Bargaining Unit employees shall have the option of utilizing the Grievance Procedure contained in this labor agreement. An employee will be notified in writing of any corrective action being taken that arises out of an incident requiring the filing by the employee of an Incident Report, or out of an original complaint. Section 3. In any corrective action appeal, the employee shall have the right to Union assistance if he so chooses. If an employee elects not to have a recognized Union representative assist him in processing his appeal, the Union President or designee will be notified by the Authority as far in advance as possible prior to any such appeal to enable the Union to have a representative present during the appeal hearing. In the event that a grievance hearing cannot be scheduled at a time other than during the employee's normal work hours, the aggrieved employee and the Union representative shall not suffer any loss of pay or benefits in the processing of formal grievances. An employee will be notified in writing of any corrective action being taken that arises out of an incident requiring the filing by the employee of an Incident Report, or out of an original complaint. The time limit will written notice must be automatically extended for provided within fifteen (15) working week days following of the member's return receipt of the employee’s response to workan original complaint, unless the Union and PSTA agree to a longer period. If such notice is not provided within said period, PSTA may not issue disciplinary action for the incident. Section 4. The Local Union or Regional Representative will be notified at least five appropriate manager shall forward a copy of any written corrective action within three (53) working calendar days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local appropriate Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timerepresentative. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Labor Agreement

Corrective Action. 11.1 No A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, loss of all or part of vacation, suspension, reduction of pay within the pay range, demotion, or dismissal. B. In cases of dismissal, the employee is entitled to payment of all wages due him with the issuance of the next regular check. C. Oral or written departmental reprimands may not be issued without a meeting between the employee and the supervisor involved. If a decision is made to issue an oral or written reprimand, the oral or written reprimand shall be issued within twenty-five (25) working days of the date the supervisor becomes aware of the precipitating incident. A copy of the written reprimand shall be sent to the Union ▇▇▇▇▇▇▇ and the Union. In instances where an oral or written reprimand results from a pre-disciplinary hearing the twenty-five working day time limit does not apply. D. Documentation of oral reprimands, which are maintained in the supervisor’s files, and written reprimands shall be removed from the employee’s records after one year provided no other corrective measures have been issued within that year. All other corrective actions shall be removed from the employee’s records after three years provided no suspension or other action greater than a written reprimand has been sustained against the employee in that three-year period. E. Employees are entitled to Union representation at any corrective action hearing or investigation. Investigations and hearings for bargaining unit member shallemployees shall be conducted in accordance with the Supervisor’s Disciplinary Manual and Hearing Officer’s Manual, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action which are issued by the Appointing Authority City Human Resource Department. F. No employee shall be processed through Article 10disciplined (except for oral and written reprimands and failing to quality at the end of a probationary period) without a pre-disciplinary hearing, unless the employee specifically waives the hearing in writing. Such appeals shall be submitted by the Union within thirty (30) days of receipt Notice of the action. All other disputes concerned with corrective reasons for the disciplinary actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given to the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified office at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ It is the responsibility of the official hearing the charge to advise the employee of his right to representation before the date of the hearing. In special cases, the employee may attend be suspended without loss pay pending a hearing. In such cases the hearing shall be held within five (5) working days of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timesuspension. 11.4 For general performance or minor offensesG. An employee may appeal a written reprimand commencing at Step Two (2) of the Grievance Procedure. All other corrective actions may be appealed through the Civil Service Commission. H. As it pertains to time lines in this Article, the principles working days are defined as Monday through Friday, not counting holidays listed in Article 10 of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)this agreement.

Appears in 1 contract

Sources: Labor Management Agreement

Corrective Action. 11.1 No bargaining unit member shall, 21.1 Corrective action will be taken against an employee only for corrective reasons, proper cause. 21.2 Oral and written reprimands will not be reduced in pay subject to review board appeal. 21.3 An employee who receives an oral reprimand has the right to grieve whether or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment not the reprimand was justified. Such grievance may be processed at Step 1 of the publicGrievance Procedure, neglect and the decision at that step shall be final. 21.4 An employee who receives a written reprimand has the right to grieve whether or not the reprimand was justified. Such grievance may be processed up to Step 2 of dutythe Grievance Procedure, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor and the decision at that step shall such bargaining unit member receive any other form be final. 21.5 For the purpose of corrective action except action, a one (1) day suspension shall equal eight (8) hours. An employee whose salary is reduced or who is transferred for just cause. Any dispute by a bargaining unit member regarding , demoted, suspended or dismissed shall have the right to appeal such corrective action issued by under Review Board procedures or to grieve such corrective action under the Appointing Authority Grievance Procedure in Article 5. 21.6 Corrective action shall be processed through Article 10. Such appeals shall be submitted by the Union taken within thirty (30) working days of receipt following the conclusion of the actioninvestigation. All other disputes concerned with corrective actions will be processed through Article 8When, Grievance Procedure. First notice due to extenuating circumstances, a corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will cannot be taken within fortythe thirty (30) day period, the time period may be extended by the Police Chief. Such extension shall be documented, and the employee will be given a reason for the delay and a new date will be given. The term “days” as used in this Article shall mean Monday through Friday, excluding any day observed as a holiday pursuant to Article 7 of this Agreement. Notice of corrective action shall be in writing and shall contain the reason and shall inform the employee of his right to appeal or grieve such action. The employee shall be furnished a copy of the notice of corrective action and shall be permitted to respond thereto. The employee’s response, if any, shall be attached to the copy of the corrective action form which is filed in the employee’s personnel file. 21.7 A corrective action report covering an oral reprimand shall be removed from the employee’s personnel and internal affairs file after one (1) year from the date the corrective action was issued if no further infractions of a similar type occur. 21.8 A corrective action report covering a written reprimand shall be removed from the employee’s personnel and internal affairs file after two (2) years from the date the corrective action was issued if no further infractions of a similar type occur. 21.9 A corrective action report covering a suspension of thirty-five two (4532) calendar days hours or less shall be removed from the employee’s personnel file after four (4) years from the date the corrective action was issued provided there were no prior corrective action reports covering either oral or written reprimands of a similar type and provided there were no suspensions of any type in the employee’s personnel file at the time the suspension was imposed and provided no oral or written reprimands of a similar type and no additional suspensions of any type are incurred in the four (4) year period following the last alleged infractionsuspension. 21.10 It shall be the responsibility of the affected officer to request the removal of a suspension from his personnel file, and the City shall determine in its discretion whether the officer meets the criteria as stated herein. In the event that a request for removal of a serious incidentsuspension is denied, the forty-five (45) day time limit will begin upon affected officer may request a review of the University's discovery of such incidentdenial by the Police Chief or his designee. The University agrees that it will decision of the Police Chief or his designee shall be final. The denial of a request to remove a suspension shall not unreasonably or arbitrarily delay be subject to the grievance process. 21.11 Such removed records shall be placed in a corrective action file in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date Employee Resources Section and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and by the parties will make every reasonable effort to start hearings on timeCity in determining future discipline, transfers or promotions. 11.4 21.12 An employee who is suspended from duty shall receive at least twenty-four (24) hours notification of such suspension unless conditions as deemed by the Police Chief exist which would require an immediate suspension. 21.13 For general performance or minor offensesthe purposes of progressive discipline, the principles date(s) of progressive corrective action will the previous infractions(s) shall be followed. Ordinarily, a progressive corrective action will involve informal coaching prior used to determine the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)pending discipline.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, The Employer shall notify an employee in writing of any corrective action or discharge. The notice shall identify the reasons(s) for the corrective reasons, be reduced in pay action or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment discharge and the effective date of the publicaction. The notice shall be signed by both the issuing manager and the receiving employee and shall include the actual corrective action notice. The types of corrective actions that may be taken may include: documented verbal counseling, neglect of dutywritten reprimand, suspension without pay (two (2) shifts), Last and Final Written Warning, or termination. The type of disciplinary action taken shall be consistent with the severity of conduct and whether it is a repeat offense. Under no circumstances will any other failure employee be required to sign any document that waives their right to just cause for discipline and/or the right to voice a complaint through the established grievance procedure. Any agreement signed by any employee that waives these rights shall be deemed invalid in its entirety. An employee is entitled to Union representation at all steps of good behaviorthe disciplinary process, subject to the terms of this Agreement, and shall not be required to participate or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form acknowledge receipt without a representative present. Records of corrective action except shall not be considered for just cause. Any dispute by a bargaining unit member regarding purposes of future corrective action, provided there are no further corrective actions for the same conduct or similar offenses during the applicable retention period: Verbal Reprimand 6 months Written Reprimand 12 months Suspension 18 months Last and Final Written Reprimand 24 months To be valid, written corrective action issued by the Appointing Authority shall notices or investigations must be processed through Article 10. Such appeals shall be submitted by the Union commenced within thirty (30) calendar days of receipt after the Employer became aware of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two alleged conduct or should have been aware of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following alleged conduct claimed as the last alleged infraction. In basis for the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions time limit for issuing corrective action and discharge notices may be extended with the written mutual agreement of this article the parties on a case-by-case basis when delayed by the involvement of state or local law enforcement or state or local EMS agencies, or the employee or key witnesses are unavailable. The Employer may place employees on paid administrative leave pending an investigation. Employees shall apply only be provided written notice of the reason for the investigation when placed on administrative leave. Employees shall also be advised of the obligation to actions taken cooperate in the investigation and remain available for corrective reasons. Demotions as used in this article shall not mean demotions an administrative interview while on probation. 11.3 No bargaining unit members covered administrative leave. The Employer shall concurrently provide the Union with a copy of the written notice within twenty-four (24) hours. Employees placed on unpaid administrative leave following suspension of their clinical privileges by this Agreement the State or Local EMS Agency, or following an arrest for alleged serious criminal misconduct, or for documented serious allegations of sexual harassment or workplace violence. Employees in such circumstances shall be given entitled to use available accrued paid time off (e.g. vacation, sick) during this period. Should such allegations be found to lack merit or not warrant a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged employee shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be whole by crediting any used for preparation time and the parties will make every reasonable effort to start hearings on timePTO and/or lost wages. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of Section 1: The University shall retain the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of right to take corrective action except for just cause. Any dispute by on a bargaining unit member regarding for just cause. Section 2: Corrective action shall be taken according to the seriousness of the offense and that the basic purpose for corrective action issued by the Appointing Authority shall be processed through Article 10is corrective not punitive. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions It is expected that verbal counseling regarding general performance will be processed through Article 8, Grievance Procedure. First notice communicated as appropriate prior to formal corrective action being administered. Section 3: The usual progression of corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspendbe written reprimand, final written reprimand, suspension or working suspension, and discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 Section 4: No bargaining unit members Bargaining Unit member covered by this Agreement shall be given issued a suspensionfinal written reprimand, removal suspended, demoted, or demotion order discharged without first being given the opportunity to attend a hearing meeting conducted by the Labor Relations Manager, or designee, at which the bargaining unit members or their representative member may show cause why they the member should not be issued a final written reprimand, suspended, removed demoted, or demoteddischarged. The University shall notify bargaining unit members A notice of the date meeting and time of charges (which shall include the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 packet) shall be extended if a bargaining unit given to the member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing the meeting. A union representative may attend the meeting and may attend any investigatory interview related to a disciplinary matter at which time copies the request of a member. The outcome of the charge or charges alleged shall meeting will be made available sent in writing to the Union. The member and the Local Union President, or official of President within ten (10) working days following the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of paymeeting. If the requested corrective action outcome is not going to be issued within ten (10) working days following the meeting, a representative of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to will notify the hearingUnion of a specific issue date. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action Section 5: Written reprimands will be followed. Ordinarily, in effect for a progressive continuous period of twelve (12) months provided there have been no reprimands or corrective action will involve informal coaching prior to the issuance actions for a continuous period of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)twelve

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining (a) In the event any governmental agency having jurisdiction shall request or order, or if Alcon shall reasonably determine to undertake, any corrective action with respect to any Product, including any recall, corrective action or market action, and the cause or basis of such recall or action is reasonably attributable to a breach by Synergetics of any of its warranties, guarantees, representations, obligations or covenants relating to that Product, then Synergetics shall actively cooperate with Alcon in executing such corrective action relating to Product quality and performance, and, Synergetics shall reimburse Alcon for the reasonable out of pocket costs of such action, including the cost of replacing any Product which is so recalled, whether or not any such specific unit member shallof Product shall be established to be in breach of any warranty by Synergetics hereunder; provided, for however, that any such amount to be reimbursed to Alcon shall be proportionately reduced by an appropriate amount based on the degree to which such corrective reasonsaction may also be reasonably attributable to a breach by Alcon of any of its obligations or covenants hereunder or its negligence or willful misconduct. (b) Before undertaking a voluntary corrective action with regard to the Products, be reduced in pay or positionAlcon shall provide, suspendedto the extent reasonably practicable under the circumstances, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment reasonable advance notice to Synergetics of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of proposed corrective action except and shall discuss in good faith with Synergetics its rationale for just causesuch proposed corrective action. Any dispute by a bargaining unit member regarding corrective The Party responsible for the issue causing the voluntary correction action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by responsible for all costs and expenses associated with the Union within thirty (30) days of receipt of the voluntary corrective action. All other disputes concerned with If the responsible business people cannot resolve the issues related to the voluntary corrective actions action, including the allocation of responsibility and which party will bear the costs and expenses, then the unresolved issues will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly determined pursuant to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infractiondispute resolution procedure outlined in Section 12.1. In the event of a serious incidentmediator is selected pursuant to Section 12.1, the forty-five (45) day time limit Parties agree that the mediator shall make a binding decision on which party will begin upon be responsible for the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in costs and expenses associated with the processing of any contemplated voluntary corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Supply Agreement (Synergetics Usa Inc)

Corrective Action. 11.1 No bargaining unit member shall, The Company may give an employee a written warning notice for corrective reasons, any breach of discipline of a serious nature. An employee other than those serving a probationary period shall not be reduced in pay disciplined or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just causecause and the employee shall be notified thereof with reasons supplied in writing. A probationary employee can be terminated without notice. The Company agrees that it shall not take such action in bad faith, or in an arbitrary or discriminatory manner. Copies of all warning notices, or notices of discharge, suspension or other discipline shall be sent to the Union provided the employee consents to such. Any dispute discharge, suspension or other discipline may be the subject of a grievance and be processed in accordance with the grievance procedure of this Agreement. Any written reply from employee in regard to the above notices will become a part of that employee’s file. Such caution or reprimand notices will become a part of that employee’s file. Such caution or reprimand notices will, not be relied upon by the Company for progressive discipline purposes, provided there has not been an occurrence of a bargaining unit member regarding related incident given rise to issuance of a corrective action issued by within the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (302) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedureyear period. 11.2 When it is necessary to suspend, discharge, reprimand or demote Names of employees who receive a bargaining unit member, such action disciplinary notice will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only forwarded to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the Union. The Local Union President, or official of the union who is not an employee of the University and a chief IBEW Chief Shop ▇▇▇▇▇▇▇ when the letter is given to the employee unless the employee specifically requests that the union not be notified. 11.3 In exceptional circumstances it is agreed that the Company may attend hold an employee out of service without pay for up to five (5) days pending the outcome of an investigation; 1. When the investigation pertains to an alleged violation of the Criminal Code of Canada; 2. Based on the prior record of the employee, provided that the Company has followed a regime of progressive discipline that has not been successfully overturned through the grievance procedure or referred to arbitration as per Step 3 of the grievance procedure outlined in Article 10.2.1; or 3. Where the presence of the employee in the workplace threatens the safety of other employees due to an allegation of harassment, violence or discrimination as defined under Article 8. In such hearings without cases an employee held out of service for longer than five (5) days will be paid at their regular salary until the investigation is concluded and a decision is rendered. Where there is found to be no cause of corrective action, and/or where the decision is found to be unjustified, the affected employee will be compensated for the loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on timeall regular wages. 11.4 For general performance or minor offenses, the principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five forty (4540) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five forty (4540) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen ten (1510) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the UnionUnion at the University's Office of Human Resources. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten two (102) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the The principles of progressive corrective action will be followed. Ordinarily, a progressive corrective action will involve informal coaching prior followed with respect to minor offenses as defined by the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective actionUniversity. A documented constructive counseling written reprimand will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Documented Constructive Counseling Written Reprimand First Notice written notice (issued at unit HR level) one day suspension Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Bargaining Agreement

Corrective Action. 11.1 No bargaining unit member shall, for corrective reasons, be reduced in pay or position, suspended, discharged or removed except for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office, nor shall such bargaining unit member receive any other form of corrective action except for just cause. Any dispute by a bargaining unit member regarding corrective action issued by the Appointing Authority shall be processed through Article 10. Such appeals shall be submitted by the Union within thirty (30) days of receipt of the action. All other disputes concerned with corrective actions will be processed through Article 8, Grievance Procedure. First notice corrective action will proceed directly to Level Two of the Grievance Procedure. 11.2 When it is necessary to suspend, discharge, reprimand or demote a bargaining unit member, such action will be taken within forty-five (45) calendar days following the last alleged infraction. In the event of a serious incident, the forty-five (45) day time limit will begin upon the University's discovery of such incident. The University agrees that it will not unreasonably or arbitrarily delay in the processing of any contemplated corrective action. The provisions of this article shall apply only to actions taken for corrective reasons. Demotions as used in this article shall not mean demotions while on probation. 11.3 No bargaining unit members covered by this Agreement shall be given a suspension, removal or demotion order without first being given the opportunity to attend a hearing at which the bargaining unit members or their representative may show cause why they should not be suspended, removed or demoted. The University shall notify bargaining unit members of the date and time of the corrective action hearing, at their work place or most recent address of record. The time limit referenced in Article 11.2 shall be extended if a bargaining unit member does not attend a scheduled pre-corrective action meeting. The time limit will be automatically extended for fifteen (15) working days following the member's return to work. The Local Union or Regional Representative will be notified at least five (5) working days in advance of such hearing at which time copies of the charge or charges alleged shall be made available to the UnionUnion at the University's Office of Human Resources. The Local Union President, or official of the union who is not an employee of the University and a chief ▇▇▇▇▇▇▇ may attend such hearings without loss of pay. If the requested corrective action is of a serious nature, the chief ▇▇▇▇▇▇▇ may request the attendance of the area ▇▇▇▇▇▇▇ who has knowledge of the events leading to the corrective action. Such requests for the attendance of an area ▇▇▇▇▇▇▇ will be made through the Office of Human Resources at least ten (10) days prior to the hearing. The area ▇▇▇▇▇▇▇ may attend without loss of pay. Scheduled hearing time will not be used for preparation time and the parties will make every reasonable effort to start hearings on time. 11.4 For general performance or minor offenses, the The principles of progressive corrective action will be followedfollowed with respect to minor offenses as defined by the University. Ordinarily, a progressive corrective action will involve informal coaching prior to the issuance of a documented constructive counseling. Informal coaching is not considered formal corrective action. A written reprimand or documented constructive counseling will precede any written notice or suspension for such offenses and one or more suspension(s) will precede dismissal for such offenses. The steps are as follows: Written Reprimand or Documented Constructive Counseling First Notice written notice (issued at unit HR level) Second Notice one day suspension Third Notice one day suspension (for members with eight years or more of service)

Appears in 1 contract

Sources: Collective Bargaining Agreement