Discharge or Disciplinary Action Clause Samples

The Discharge or Disciplinary Action clause outlines the procedures and grounds under which an employer may terminate or discipline an employee. Typically, it specifies the types of conduct or performance issues that can lead to disciplinary measures, such as warnings, suspensions, or dismissal, and may detail the steps of progressive discipline or the rights of the employee to respond. This clause serves to ensure fairness and transparency in handling employee misconduct or performance problems, protecting both the employer’s ability to manage the workforce and the employee’s right to due process.
Discharge or Disciplinary Action. The parties recognize the authority of the Board to suspend, demote, discharge or take other appropriate disciplinary action against adjunct faculty member for just cause. Should the adjunct faculty member consider any such discharge or disciplinary action to be improper, he/she may grieve the matter in accordance with provisions of Article 6.3
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Discharge or Disciplinary Action. Subject to any rights described in Article 7, Grievance and Arbitration, and/or Article 8, Discipline and Discharge, above, any employee shall be subject to an immediate discharge without notice for any of the following reasons: (a) Physical assault or threat of imminent physical violence; (b) Proven attempted theft or theft, or embezzlement; (c) Under the influence of liquor or controlled substances such as marijuana except where employee is using drugs under the direction of his or her own physician; (d) Insubordination which is defined as a refusal to obey an order or work assignment of a supervisor; (e) Sleeping while on duty or absenting one’s self without leave from the customary place of his or her work assignment; (f) Causing, through negligence, the destruction of the Employer’s property, if proven; (g) Precipitating or participating in a strike or unlawful work stoppage in violation of the terms of this Agreement; (h) Ringing the time clock for another employee or permitting your card to be punched by another employee; (i) Engaging in behavior which involves the willful infliction of abuse in the form of punishment, physical harm, pain, mental anguish or deprivation as defined in 42 CFR Section 483.13(b) revised October 1, 1997; (j) Failure to report to your supervisor or Employee Health Department that you have a known communicable disease; (k) Possession of a dangerous weapon, excluding tools of the job on the Employer’s property; (1) Deliberate falsification or misrepresentation of employment application or pre-employment medical history prepared prior to or after employment. The parties agree that the above list is not intended to be all inclusive.
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Discharge or Disciplinary Action. After 26 weeks of service (one [1] year for those hired after January 1, 1992), all employees covered under this agreement shall be given protection of Section 75 of the Civil Service Law as it pertains to discharge or disciplinary action. However, the aforesaid provision shall not apply to temporary employees hired by the District under Section 9 of Article III.
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Related to Discharge or Disciplinary Action

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

  • No Disciplinary Action No employee shall be disciplined for refusal to work on a job or to operate any equipment which is not safe.

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

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

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.