Employment of Employee (a) Except as provided in Sections 2(b), 2(c) and 2(d), nothing in this Agreement shall affect any right which Employee may otherwise have to terminate Employee's employment, nor shall anything in this Agreement affect any right which the Company may have to terminate Employee's employment at any time in any lawful manner.
(b) In the event of a Potential Change in Control, to be entitled to receive the benefits provided by this Agreement, Employee will not voluntarily leave the employ of the Company, and will continue to perform Employee's regular duties and the services specified in the recitals of this Agreement until the Change in Control Date. Should Employee voluntarily terminate employment prior to the Change in Control Date, this Agreement shall lapse upon such termination and be of no further force or effect.
(c) If Employee's employment terminates on or after the Change in Control Date, the Company will provide to Employee the payments and benefits as provided in Sections 3 and 4.
(d) If Employee's employment is terminated by the Company prior to the Change in Control Date but on or after a Potential Change in Control Date, then the Company will provide to Employee the payments and benefits as provided in Sections 3 and 4 unless the Company reasonably demonstrates that Employee's termination of employment neither (i) was at the request of a third party who has taken steps reasonably calculated to effect a Change in Control nor (ii) arose in connection with or in anticipation of a Change in Control. Solely for purposes of determining the timing of payments and the provision of benefits in Sections 3 and 4 under the circumstances described in this Section 2(d), Employee's date of termination shall be deemed to be the Change in Control Date.
Reinstatement of Employees If, prior to the constitution of an Arbitration Board pursuant to Article 11, it is found that an employee was disciplined or dismissed without just and reasonable cause, or laid-off contrary to the provisions of the Collective Agreement, that employee shall be reinstated by the Employer without loss of pay with all of her/his rights, benefits and privileges which she/he would have enjoyed if the layoff, discipline or discharge had not taken place, or upon such other basis as the parties may agree.
DISCIPLINE OF EMPLOYEES Section 1 Employees may be disciplined, suspended, and discharged only for a reason that is not arbitrary or capricious. The employer shall utilize corrective, progressive, discipline in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such action. The progressive discipline steps may include: verbal warning, written warning or written reprimand, suspension with or without pay, and discharge. It is understood and agreed that corrective progressive discipline allows the Board to skip lower levels of discipline and impose higher levels of discipline, including discharge, so long as there is just cause for the discipline which is imposed based upon the employee’s conduct or disciplinary history. Notice of verbal warning shall be documented in writing and labeled “verbal warning” with a copy presented to the employee and a copy placed in the employee’s personnel file. All forms of written discipline shall be presented to the employee and a copy shall be placed in the employee’s personnel file. Verbal warning notices shall be removed from the personnel file two (2) years after their issuance, providing there is no further disciplinary action during the two (2) year period. If there is further disciplinary action within this two-year period, the verbal warning notice permanently will remain in the personnel file.
Section 2 All employees shall be entitled upon request to have present an Association representative during any disciplinary action or any investigation that may lead to disciplinary action.
Section 3 When any material, other than necessary employment information, is to be placed in a bargaining unit member’s personnel file, the affected bargaining unit member shall review and sign and date said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. The preceding statement shall be placed on any such material to be placed in an employee’s personnel file immediately adjacent to the employee signature. If an employee refuses to sign such material, the refusal shall be noted on the material and the material shall be placed in the employee’s personnel file.
List of Employees The Union shall be provided quarterly via compact disc a current list of names, employee numbers, classifications, addresses, home telephone numbers, work locations, hourly rate, status (regular, substitute, temporary) and social security numbers of all employees covered by this Agreement. This list will also include all employees newly hired into the bargaining unit during the preceding quarter and all bargaining unit employees who have separated from the District during the preceding quarter.
Assignment of Employees Each member of the unit is assigned by Board action. Within Board authorization, the Chancellor has the authority to assign all employees as to location of assignment and specific hours of employment in harmony with conditions specified in this Agreement. An employee gains status and employment rights as an employee of the District, but not as an employee of a specific college.