Common use of Disciplinary Action Clause in Contracts

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

Disciplinary Action. (A) An employee who has attained permanent status satisfactorily completed at least a one-year probationary period in his their current position may be disciplined or discharged only for causejust cause as provided in Section 110.227, Florida Statutes. (B) An employee who has not attained Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time. The state will make a good faith effort to initiate a disciplinary action within 60 days of knowledge of the event giving rise to the disciplinary action. Such disciplinary actions shall be grievable for employees with permanent status in his their current position shall not have access to in accordance with the grievance procedure in Article 6 when disciplined6. (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 an FSFSA 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 disciplinary actions and are not grievable; however, such documentation . Letters of counseling may be used by the parties at arbitration only to show that an administrative hearing involving an employee’s discipline to demonstrate the employee was placed on notice of a rule not as an example of prior discipline. They shall not be relied upon for the purposes of promotional decisions or performance deficiencies or evaluations if the conduct concernsresulting in the letter is not repeated in the following 12 months. (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 Reprimands shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Agreement. (2) An oral reprimand will not be considered in Article 6 if determining discipline, provided the employee has attained is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved by employees with permanent status in his their current positionposition up to Step 2; the decision is at that level shall be final and binding binding. (4) A written reprimand will not be considered in determining discipline, provided the employee is not disciplined for the same offense during the succeeding 18 months, and the written reprimand was not for a major offense that could have resulted in the employee’s dismissal. (G) The state may, at Step 2its discretion, assess disciplinary suspensions of more than three days over two pay periods.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause. Cause shall include, but is not limited to poor performance, negligence, inefficiency, or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The Agency Head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual. (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. (FC) 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 agency may have special compensatory leave or annual 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 or annual leave deducted, which preference shall be taken into consideration by the DHSMV agency 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. (GD) If filed within 21 calendar days following the date of receipt of notice from the agency, 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, suspension, demotion, or dismissal to the PERC 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. (E) 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. (F) 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. (G) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (H) An employee may request that a Union 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, demotion, or dismissal of the employee is being considered. (I) An oral reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 12 months from the date of issuance, and a written reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 24 months from the date of issuance, and further provided that the oral or written reprimands were not for a major offense which could have resulted in the employee’s dismissal.

Disciplinary Action. (A) An employee who has attained permanent status in his her current position may be disciplined (reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal) only for causejust cause as provided in section 110.227, F.S., and Rule 60L- 36.005, F.A.C. Cause shall include, but is not limited to, poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. (B) A reduction in base pay that is required by the State Personnel System Rules shall not be grievable. Oral reprimands shall not be grievable. Written reprimands shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in her current position; the decision is final and binding at Step 2. (C) An employee with permanent status in her current position may file, by personal delivery or by certified mail, return receipt requested, an appeal of a reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal with the Public Employees Relations Commission within 21 days following the date of receipt of notice of such action from the agency, under the provisions of section 110.227(5) and (6), F.S. In the alternative, such personnel actions may be grieved through the Arbitration Step, without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. (D) An agency may deduct special compensatory leave from an employee’s leave balance equal to the length of a disciplinary suspension in lieu of the employee serving the suspension. The agency has sole discretion in making such determination. If the employee does not have sufficient special compensatory leave to cover the entire suspension period, the agency shall deduct annual leave to cover the remaining portion of the suspension. 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. (E) An employee who has not attained permanent status in his her current position shall not have access to the grievance procedure in Article 6 when disciplined. (CF) Each employee shall be furnished a copy of all disciplinary actions placed in his their official personnel file and shall be permitted to respond thereto. (DG) The state will make a good faith effort to initiate disciplinary actions within 60 days from the date of actual knowledge by the person having the authority to initiate discipline of the event giving rise to the disciplinary action. If circumstances necessitate a longer period, except in the case of a criminal investigation, disciplinary actions must be initiated within 120 days of the event giving rise to the disciplinary action. (H) The state is to consider the facts and circumstances related to the act or omission on which employee discipline is based, as well as the period over which any prior discipline of the employee has taken place, in determining the level of discipline to be imposed. (I) An employee may request that a PBA an Association Staff Representative or Grievance 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. The purpose of the disciplinary investigation will be explained to the employee at the beginning of the meeting. (EJ) 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 requestedExcept in extraordinary situations, an employee with who has permanent status in his her current position may appeal a reduction in base pay, involuntary transfer shall be given notice of over 50 miles by highway, suspension, demotion, proposed suspension or dismissal to the Public Employees Relations Commission under the provisions of in accordance with Rule 60L-36, F.A.C. and section 110.227(5) and (6110.227(5)(a), F.S. In Such notice shall include a statement of facts in support of the alternativeproposed suspension or dismissal. When the employee requests a conference to explain or refute the charges made against the employee, such actions may the conference shall be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, conducted in accordance with the grievance procedure in Article 6 provisions of this Agreement. The DHSMV may have special compensatory leave equal to the length of Rule 60L-36, F.A.C., and section 110.227(5)(a), F.S. (K) Each agency will make 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 good faith effort to have special compensatory leave deducteda review by an appropriate health care professional, which preference shall be taken into consideration by licensed health care risk manager, or an appropriate internal reviewing body, prior to taking disciplinary action against an employee when the DHSMV in making its decision. If medical or professional competence of 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 deductedquestioned. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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 DHSMVagency, 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 agency 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 agency 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. The relevance of prior reprimands in the consideration of subsequent discipline shall be determined by the nature and seriousness of the prior offense and the time that has elapsed since the offense.

Disciplinary Action. 18.01 Disciplinary action shall mean any action taken by the Employer against an employee which results in: (Aa) An written reprimand; (b) suspension; (c) discharge; (d) financial penalty. 18.02 No employee who has attained permanent status in completed his current position may probationary period shall be disciplined only except for just cause. (Ba) An Where the Employer intends to meet with an employee who for the purpose of discussing possible disciplinary action as part of Article 18.03 (b), the employee shall be advised within a reasonable time frame in order that he may invite a union representative to attend the meeting. Where possible, the employee shall be provided the topic(s) of discussion in advance. (b) When an employee is disciplined, the employee has not attained permanent status the right to receive such discipline in his current position the presence of either a shop ▇▇▇▇▇▇▇ or a member of the local union executive. At that time, the employee will be advised of the reasons for such disciplinary action. The Hospital shall, within seven (7) calendar days thereafter, give written particulars of such disciplinary action to the employee involved. A copy shall not have access be given to the Local. (a) Where an employee alleges that he has been disciplined by suspension, discharge or financial penalty in violation of Article 18.02, he may within ten (10) days of the date he was notified in writing or within twenty (20) days of the date of the disciplinary action, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement. For the purposes of a grievance alleging violation of Article 6 when disciplined18.02, and resulting in suspension, discharge or financial penalty he shall lodge his grievance at the final level of the grievance procedure. (Cb) Each Written reprimand is not adjudicable however the employee may submit a grievance questioning any written reprimand in violation of Article 18.02. Such grievance if submitted will be lodged at the First Level of the Grievance Procedure and may be processed to the final level of the grievance procedure. 18.05 Where it is determined that an employee has been disciplined in violation of Article 18.02 that employee shall be furnished immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been disciplined. One of the benefits which he shall not lose is his regular pay during the disciplinary period and it shall be paid to him at the end of the next complete pay period following his reinstatement. 18.06 Nothing in this Article prevents the hospital from disciplining an employee for just cause without prior notice and with payment only up to and including the last day worked. 18.07 When a formal assessment of an employee is done, the employee concerned must be given an opportunity to sign the forms to indicate that its contents have been read and understood. The employee's signature will signify that he has read and understood the assessment and will not be evidence that he agrees or disagrees with the assessment. Upon request, a copy of all this assessment shall be given to the employee. Formal assessments are not disciplinary actions placed in nature. 18.08 The Employer agrees not to introduce as evidence in a hearing, relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware six (6) working days prior to the time of said hearing and in the case of an adjudication hearing prior to the date on which the G-1 form was filed. 18.09 A record of disciplinary action shall be removed by the Employer from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of disciplinary action in respect of the employee has been recorded during that period. 18.10 Upon request an employee shall be given an opportunity to read and make a copy of any document in his official personnel personal file relating to an assessment of his conduct, work performance and warnings. The employee shall, if he so requests, be accompanied by a local representative. 18.11 Where a written reprimand is placed against the record of an employee, one (1) copy shall be initialled by the employee as the Employer's receipt and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting placed 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 's personal file and 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 original shall 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 given to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position A. Housestaff Officers may be disciplined only or discharged for cause. Disciplinary actions shall be grievable, and in the event the involved Housestaff Officer files a grievance, the burden of proving just cause shall be upon the University. B. The University shall give five (B5) An working days advance notice, in writing, of any intended disciplinary action to the affected Housestaff Officer and the CIR. The notice shall state the nature and extent of discipline, the specific charges against the Housestaff Officer and describe the circumstances upon which each charge is based. C. A Housestaff Officer whom the University has given notice of disciplinary action may be removed from service without five (5) working days notice where his/her continued presence is deemed to imperil patient safety, public safety or the safety of any fellow employee who (staff, Housestaff or medical faculty). Notice of such reassignment shall be contained in the University’s written notice of intended disciplinary action. Where a Housestaff Officer has been removed from service, the University may concurrently remove the Housestaff Officer from its payroll. D. If it is later discovered that the Housestaff Officer was wrongfully removed from service, the Housestaff Officer shall be reinstated with full backpay. In addition, if the Housestaff Officer, as a result of the wrongful removal from service, is required to work beyond the end of the residency year to complete his or her residency, the Housestaff Officer shall remain on the University payroll until such time as the residency has been completed. E. Appeals of disciplinary actions shall be presented at Step One of the Grievance Procedure, Article XIII. Such appeals shall be made within fourteen (14) calendar days of receipt of the charges and disciplinary penalty. A hearing must be held within fourteen (14) calendar days, excluding holidays, or receipt of the appeal. F. The Step One decision by the Chancellor of Rutgers Biomedical and Health Sciences or his/her designee may be appealed to arbitration by filing with the Public Employee Relations Commission. Such an appeal must be filed within twenty-one (21) days of receipt of the written Step One decision. G. Arbitration decisions in disciplinary actions shall be made in accordance with Article XIII, Step Two. The remedy in disciplinary actions will be limited to back pay and/or reinstatement to the Housestaff Officer’s position. Housestaff Officers may not attained permanent status in his current position seek post-residency damages under this Agreement. However, this shall not have access preempt or preclude a Housestaff Officer from seeking appropriate relief for any post-residency damages in any judicial forum or administrative agency. H. A Housestaff Officer shall not be reassigned from clinical duties until the completion of the review and approval by the appropriate ▇▇▇▇ of GME. However, it is understood that a clinical reassignment with pay may be imposed prior to the grievance procedure review and approval of the appropriate ▇▇▇▇ of GME only in Article 6 when disciplinedcases where serious medical misconduct is alleged and the employee’s continued presence is deemed to jeopardize patient care or the safety of the Housestaff Officer or others. The University shall provide written notice of, and the reasons for, such reassignment from clinical duties. In all cases, regardless of reason, where reassignment from clinical duties is imposed for disciplinary reasons, the Housestaff Officer shall have the right to request a hearing before a panel of three physicians to review the reasons for the reassignment. The three-physician panel shall be comprised of the appropriate ▇▇▇▇ of GME, an attending physician experienced in graduate medical education from another department and a Housestaff Officer from another department. The Housestaff Officer shall request a hearing within seven (7) days of notification of the reassignment. The hearing shall be held within seven (7) days from the date of the request for a hearing and the Housestaff Officer shall have the right to have a CIR representative assist him or her at the hearing. The hearing panel will decide whether reassignment is warranted or whether the Housestaff Officer shall be returned to full or partial duties during due process proceedings. The hearing panel shall issue its decision no later than seven (7) days from the completion of the hearing. The University shall not report reassignments to any regulatory agency until the hearing panel makes its determination, unless otherwise required by law or accreditation standards. Reassignment shall end at any time during due process proceedings if the appropriate ▇▇▇▇ of GME determines that a viable alternative exists. Within seven (7) days of the Hearing Panel’s decision, the decision may be appealed by either party to arbitration pursuant to the following expedited procedures: 1. The PERC shall appoint a single neutral arbitrator from its Panel of Labor Arbitrators. The PERC is authorized to substitute another arbitrator if an appointed arbitrator is unable to serve promptly. (C) Each employee 2. The Arbitrator shall fix the date, time, and place of the hearing, notice of which must be given to the parties at least 30 days in advance. Such notice may be given in writing. Normally, the hearing shall be furnished completed within one day. In unusual circumstances and for good cause shown, the arbitrator may schedule an additional hearing to be held within seven (7) days. 3. It is understood that the representative for either party may have a conflict on the date scheduled for arbitration and for good cause only may request an alternate hearing date. In such cases, the party claiming to have a schedule conflict must use its best efforts to proceed on the first hearing date offered by the arbitrator, including having another person act as a representative. 4. The fees and expenses of the arbitrator shall be borne equally by the parties. 5. The parties shall provide to the arbitrator in advance of the hearing a copy of the collective bargaining agreement, a copy of the written notice of the hospital’s intent to reassign from clinical duties, a copy of the Hearing Panel’s decision, copies of any related grievance letters by the union, copies of all disciplinary actions placed responses to grievance letters by the employer and any other documents to which both parties agree. The parties may stipulate in his official personnel file advance to facts that are undisputed. 6. The arbitrator shall be empowered to hold pre-hearing conferences between the parties. The arbitrator may require either party to make available documents, in addition to those described in section 6 above, prior to the arbitration and shall be permitted empowered to respond theretorule on document requests prior to arbitration. 7. The Arbitrator’s decisions are to be rendered within seven (D7) 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 from the date of receipt the close 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, demotionhearing, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6)date on which briefs, F.S. In the alternativeif any, 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 Agreementare due. 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 decision shall be taken into consideration in writing, contain a brief statement of the facts and a summary of the reasoning for the decision. The decision shall be signed by the DHSMV in making its decisionArbitrator. 8. If The Arbitrator shall decide whether reassignment during the employee does University’s internal procedures is warranted or whether the Housestaff Officer shall be returned to full or partial duties during due process proceedings. 9. The procedures for arbitration do not have sufficient special compensatory leave, annual leave apply where such clinical reassignment is imposed for academic reasons. Such matters may not be deducted. If there is not sufficient special compensatory or annual leave, appealed to arbitration and instead the remainder decision 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 three-physician panel 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 2final.

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, 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 DHSMVagency, 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. Florida Statutes. 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 agency 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 agency in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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, 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. Florida Statutes. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An The parties recognize the authority of the Employer to reprimand in writing, suspend, discharge, or take other appropriate disciplinary or corrective action against an employee who has attained permanent status in his current position may be disciplined only for just cause. (B) An . Allegations or other assertions of failure of proper employee who has conduct or performance are not attained permanent status in his current position shall not have access to charges, but constitute a basis for appropriate investigation by the grievance procedure in Article 6 when disciplined. (C) Each Employer. Whenever an employee is formally charged with a violation of any obligation, rule, regulation, or policy, the employee shall be furnished notified in writing of the claimed violation and disciplinary penalty therefore. Any employee who alleges that disciplinary action is not based upon just cause may appeal such action in accordance with Article 9, Grievance Procedure. Reassignment of an employee at the same level, and work location if feasible, incidental to a copy disciplinary action upheld or not appealed shall not be prohibited or appealable, provided the possibility of all such reassignment was stated to the employee in the notice of disciplinary actions placed in his action. However, the Employer retains the option to reassign as part of the administration of discipline for just cause. Any performance evaluation, formal counseling, reprimand, or document to which an employee is entitled under this Agreement shall not be part of the employee’s official personnel file record until the employee has been offered or given a copy. The parties agree that disciplinary action must be supported by timely and accurate investigation. An employee shall be permitted given the opportunity to respond thereto. (D) An give prompt, full, and accurate answers, to the extent possible, to questions put to him/her by the Employer concerning any matter regulated by the Employer, related to conduct or performance, or which may have a bearing upon the employee’s fitness, availability, or performance of duty. Whenever it is determined that disciplinary action is appropriate, a disciplinary conference shall be held with the employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in at which the employee shall be entitled to Union representation. The Union Representative must be notified and requested by the employee. No disciplinary conference shall proceed without the presence of a requested Union Representative. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is being questioned relative intended or contemplated. Questions by the employee or Union Representative will be fully and accurately answered at such meeting to alleged misconduct the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or during mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a predetermination written response to the results of the disciplinary conference in which suspension shall become a part of the employee’s file. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee’s signature indicates only that the employee received a copy, shall not indicate that the employee necessarily agrees therewith, and shall so state on the form. If the employee refuses to sign, the supervisor will write “Employee refused to sign” and sign his/her own name with the date. A witness signature should be obtained under this circumstance. An employee shall be entitled to the presence of a designated Union Representative, if she/he requests one, at any meeting at which disciplinary or dismissal any adverse action may or will take place, or at an investigatory interview of the employee by the Employer related to one or more specific charges of misconduct by the employee. If an employee is being considered. to be represented at a scheduled meeting by an attorney, the employee or the Union shall give as much notice as possible to the Employer. It is agreed that where disciplinary or adverse action is intended as the subject of a meeting, or where such action will result directly and immediately depending upon the content of the meeting, representation is allowed. In any investigatory interview with an employee where the employee has been suspended (Ewith or without pay) Letters or transferred from the employee’s regular job assignment, the employee shall have the right to Union representation. Nothing in this Article shall prohibit the Employer from the imposition of counseling or counseling notices are documentation an emergency disciplinary suspension and/or removal of minor work deficiencies or conduct concerns that are not discipline and are not grievable; howeveran employee from the premises in cases where, in the judgment of the Employer, such documentation action is warranted. As soon as practicable thereafter, the disciplinary conference procedures described herein shall be undertaken and completed. An Appointing Authority may suspend an employee for investigation. The suspension shall be superseded by disciplinary suspension, dismissal, or reinstatement within seven (7) calendar days or within such extension as may be used approved by the parties at Appointing Authority. If disciplinary action is not taken against an administrative hearing involving an employee’s discipline to demonstrate employee within the seven (7) days, the employee was on notice shall receive full pay and benefits for the period of temporary suspension. Formal notification to the employee of disciplinary action shall be in the form of a letter or form spelling out charges and reasonable specifications, advising the employee of the performance deficiencies right to appeal. The employee must sign for the copy of this letter, if presented personally, or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from letter shall be sent to the DHSMV, by personal delivery or employee 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 leavehas received and signed for a written letter of reprimand, annual leave may be deductedno notice is required under this Article. If there Where a decision is not sufficient special compensatory or annual leavemade to permit an employee to resign in lieu of dismissal, the remainder employee must submit a resignation in writing. This resignation shall be held for twenty- four (24) hours, after which it shall become final and effective as of the period time when originally given unless retracted during the twenty-four (24) hour period. This rule applies only when a resignation is accepted in lieu of dismissal, and the employee shall have been told that she/he 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 terminated in the absence of whether the employee serves the suspension or has leave deductedresignation. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position Section 1. The University and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be disciplined necessary from time to time. In the case of an oral or written reprimand, such discipline shall not be subject to the formal process set forth in the Article, but shall be subject to less formal due process, and, in any event, all discipline shall be 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 just cause 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 Grievance and Arbitration procedures set forth in Article 6 if 12, supra. Section 2. When the employee University has attained permanent status reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or written reprimand, it shall conduct an investigation pursuant to this Article. Section 3. If after such investigation the ▇▇▇▇▇▇▇ believes disciplinary action is warranted, discipline may be imposed on a bargaining unit faculty member for just cause. Engaging in conduct that constitutes just cause for discipline may lead to any one or more of the following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. In determining the level of disciplinary action to impose in any given situation, the University shall take into account the severity of the offense, prior disciplinary action, the bargaining unit member's improvement since the last disciplinary action was taken, and the bargaining unit member's overall employment record. Section 4. Prior to imposing disciplinary action, other than an oral or written reprimand, the department chair, ▇▇▇▇, or the ▇▇▇▇▇▇▇ will meet with the bargaining unit faculty member to discuss the charge(s) against the bargaining unit member, and provide the bargaining unit faculty member with an opportunity to present his current position; or her case. The following procedures will be followed: A. The bargaining unit faculty member shall be given the decision opportunity to be accompanied by an Akron-AAUP representative. B. At least ten (10) days prior to the meeting, the University shall notify both the bargaining unit faculty member and the Akron-AAUP in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the bargaining unit faculty member and the Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. C. If the matter is final not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and binding at Step 2the Akron-AAUP shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) days of the meeting. Such statement will be signed by the administrator imposing discipline and initialed by the ▇▇▇▇▇▇▇. D. If discipline is imposed the University will disclose those identities which can be released legally. Section 5. A bargaining unit faculty member who disagrees with the disciplinary action that has been imposed may seek recourse through the Grievance and Arbitration Procedure.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for reason outlined in Section 124.34 of the Ohio Revised Code or for other just and reasonable cause. . The parties agree that disciplinary action shall be progressive and corrective. When an Employee is guilty of an infraction serious enough to require reprimand, the original reprimand will consist of a verbal reprimand. This reprimand will be noted in the Employee's personnel file. When it becomes necessary to reprimand an employee the second time for a similar offense within a six (B6) An month period, the reprimand will be in writing. When it becomes necessary to reprimand the same individual for a similar offense within a one (1) year period after the original reprimand, disciplinary action consisting of a suspension or dismissal may be taken depending on the severity of the offense. When an employee who has not attained permanent status in his current position of the bargaining unit is guilty of incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, or neglect of duty, such individual shall not have access be subject to immediate disciplinary action up to and including dismissal. When an Employee is to be disciplined, the charges shall be reduced to writing. Charges shall be given to the Employee and the ▇▇▇▇▇▇▇ within five (5) work days of the Employer's knowledge of the incident. An Employee shall have the right to appeal disciplinary action through the grievance procedure in Article 6 when disciplined. (C) Each employee procedure. When filing a grievance, the grievance shall be furnished submitted to the next level of supervision from which the discipline was imposed. When it becomes necessary to counsel an Employee, it shall be done in private, in a manner that will not cause embarrassment to the employee. Counseling is intended to be used as a corrective measure, and should be used to call attention to proper procedures and performance exception. Employees may submit comments to be attached to the counseling record. The employee and ▇▇▇▇▇▇▇ will be given a copy of all disciplinary actions placed counseling records. The only issue that is grievable under this article is whether or not counseling was done 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 manner provided under this article. The contents of or the reasons for the counseling is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. Section 1: The parties recognize the County's right to place notices of all disciplinary action into employee's personnel files, and to use such notices as evidence in support of future disciplinary action(s). However, the Division of Human Resources, Employee/Labor Relations section will not cause a formal written reprimand to be placed in an employee’s official personnel file, if the Union notifies the Employee/ Labor Relations Manager that a grievance has been filed on that reprimand, until the contractual grievance procedure has concluded for that grievance. County agrees that disciplinary notices or documentation evidencing an oral or written warning/reprimand for which there has been no recurrences of the same nature in sixteen (A16) An employee who has attained permanent status in his current position may months, shall not be disciplined only for causeused to support further disciplinary action. (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 Section 2: Discipline of an employee shall be furnished imposed only for just cause. Discipline under this Article means official written reprimand, suspension without pay, demotion for cause, or dismissal from service. Section 3: In accordance with Section 1, a copy of all disciplinary actions placed in his official personnel file and reprimands shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting submitted for filing in which the employee is being questioned relative to alleged misconduct of the employee, or during 's personnel file. The employee shall be given the original copy by the issuing individual and a predetermination conference in which suspension or dismissal copy provided to the Union. Verbal admonishments/warnings/notations of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work a supervisor regarding an employee's performance deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by to support subsequent written corrective action, only if the parties at an administrative hearing involving an employee’s discipline verbal admonishment/warning/notations occurred within reasonable proximity to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. written action (Fbut in no case later than sixteen (16) If filed within 21 calendar days following the date of receipt of notice months 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 (6initial incident), 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 must be provided a copy, as "fair notice", of any written corrective action that is to be placed in his/her file. Section 4: All bargaining unit employees shall be reprimanded in a private manner so as to whether avoid embarrassment before other employees or the public. Section 5: Bargaining unit members have the right to serve the suspension or representation when questioned regarding events that may lead to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decisiondisciplinary action. If an employee requests representation, and the employee does not have sufficient special compensatory leaveCounty fails to permit such representation and continues its "inquiry", annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period any discipline resulting from this inquiry 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 deductedbecome null and void. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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 DHSMVagency, 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. Florida Statutes. 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 agency 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 agency in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status satisfactorily completed at least a one-year probationary period in his their current position may be disciplined or discharged only for causejust cause as provided in Section 110.227, Florida Statutes. (B) An employee who has not attained Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time. The state will make a good faith effort to initiate a disciplinary action within 60 days of knowledge of the event giving rise to the disciplinary action. Such disciplinary actions shall be grievable for employees with permanent status in his their current position shall not have access to in accordance with the grievance procedure in Article 6 when disciplined6. (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 an FSFSA 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 disciplinary actions and are not grievable; however, such documentation . Letters of counseling may be used by the parties at arbitration only to show that an administrative hearing involving an employee’s discipline to demonstrate the employee was placed on notice of a rule not as an example of prior discipline. They shall not be relied upon for the purposes of promotional decisions or performance deficiencies or evaluations if the conduct concernsresulting in the letter is not repeated in the following 12 months. (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 Reprimands shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Agreement. (2) An oral reprimand will not be considered in Article 6 if determining discipline, provided the employee has attained is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved by employees with permanent status in his their current positionposition up to Step 2; the decision is at that level shall be final and binding binding. (4) A written reprimand will not be considered in determining discipline, provided the employee is not disciplined for the same offense during the succeeding 18 months, and the written reprimand was not for a major offense which could have resulted in the employee’s dismissal. (G) The state may, at Step 2its discretion, assess disciplinary suspensions of more than three days over two pay periods.

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. Florida Statutes. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 11.01 Disciplinary action shall mean any action taken by the Employer against an employee which results in: (Ai) An written reprimand; (ii) suspension; (iii) discharge; (iv) financial penalty. (a) No employee who has attained permanent status in his current position may shall be disciplined only except for just cause. (Bb) An Termination for unsatisfactory performance during the probationary period is not disciplinary action. (c) Notwithstanding anything in this Article, a disciplinary action resulting in the issuance of a written reprimand cannot be referred to adjudication. 11.03 Whenever the Employer disciplines an employee who it shall, within ten (10) working days of the disciplinary action, provide the employee with written reasons for such action and shall forward a copy of the written reasons for the disciplinary action to the Secretary-Treasurer of CUPE Local 1418. 11.04 Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which he works during which time he shall continue to be paid. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personal file. 11.05 Where an employee alleges that he has not attained permanent status been disciplined in his current position shall not have access to violation of clause 11.02, he may within ten days of the date he was notified in writing or within twenty days of the date of the disciplinary action, whichever is later, invoke the grievance procedure as set out in Article 6 when disciplinedthis Agreement. For the purpose of a grievance alleging violation of clause 11.02 he shall lodge his grievance at the final level of the grievance procedure except in the case of reprimand in which case he shall lodge his grievance at the First Level. (C) Each 11.06 Unjust suspension or Discharge - Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article 11, that employee shall be furnished a copy of all disciplinary actions placed immediately reinstated in his official personnel file and former position without loss of seniority or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits which he shall not lose is his regular pay during the period of suspension or discharge which shall be permitted paid to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which him at the employee is being questioned relative to alleged misconduct end of the employeenext complete pay period following his reinstatement, or during a predetermination conference by any other arrangement as to compensation which is just and equitable in which suspension or dismissal the opinion of the employee is being considered. (E) Letters of counseling conferring Parties 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 in 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 opinion of a disciplinary suspension deducted from an employee’s leave balance in lieu Board of serving the suspension. An employee may indicate his preference as to whether to serve the suspension Adjudication or to have special compensatory leave deductedAdjudicator, 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 matter is final and binding at Step 2referred to such a Board of Adjudication or Adjudicator.

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 DHSMVagency, 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 agency 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 agency in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause. Cause shall include, but is not limited to poor performance, negligence, inefficiency, or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The Agency Head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual. (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. (FC) 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 agency may have special compensatory leave or annual 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 or annual leave deducted, which preference shall be taken into consideration by the DHSMV agency 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. (GD) If filed within 21 calendar days following the date of receipt of notice from the agency, 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, suspension, demotion, or dismissal to the PERC 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. (E) 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. (F) 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. (G) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (H) An employee may request that an Association 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, demotion, or dismissal of the employee is being considered. (I) An oral reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 12 months from the date of issuance, and a written reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 24 months from the date of issuance, and further provided that the oral or written reprimands were not for a major offense which could have resulted in the employee’s dismissal.

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 Union recognizes 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 authority 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 responsibility of the employeeEmployer to take timely, or during a predetermination conference and reasonable disciplinary action against employees for just cause. Discipline will normally be progressive 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 grievablenature; however, such documentation may the Employer shall have the right to invoke a penalty which is appropriate to the seriousness of an individual incident or situation. For purposes of this Article, disciplinary action, or investigation to determine whether disciplinary action should 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 taken, is timely only when commenced within 21 calendar days following the date on which the Employer had reasonable basis to believe that such action or investigation should be taken. Disciplinary action includes: written reprimand; involuntary demotions; suspension without pay; forfeiture 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 accrued annual leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving suspension; payment of fines in lieu of suspension; unsatisfactory or follow-up interim rating and discharge. The suspension without pay of a probationary employee during or at the suspensionend of the pay period in which the initial probationary period expires, pending separation for unsatisfactory service, as well as the separation itself in such circumstances, shall not be considered disciplinary action for purposes of this Article. An A demotion will not be considered disciplinary action if it is a result of a status employee may indicate his preference as failing to whether to serve satisfactorily complete a required probationary period upon promotion or transfer; in conjunction with the suspension layoff or to have special compensatory leave deducted, which preference shall be taken into consideration by "bump" of the DHSMV in making its decision. If employee; or the voluntary or contractually required transfer or reassignment of the employee does not have sufficient special compensatory leaveto a position allocated at a lower level, annual leave may be deductedif voluntary, or required by Civil Service merit- based rules, or this contract, if unaccompanied by disciplinary action of some other kind. If there is not sufficient special compensatory or annual leave, the remainder of the period will be Placing an employee on "lost time" (leave without pay) for the period of an employee's unauthorized absence from work shall not be considered disciplinary action. 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 However, if the employee has attained permanent status requested authorization to use accrued leave credits for such time and it is denied, the denial shall not be exempt from the scope of the grievance procedure solely on the basis that the denial is not disciplinary action. The decision whether to offer an employee the option to forfeit accrued annual leave, or assess the suspension, shall be in his current position; the decision sole discretion of the Employer, and is final not grievable. Just cause for disciplinary action will include, but not be limited to: a. Failure to carry out assigned duties and binding at Step 2responsibilities required by the Employer; b. Conduct unbecoming a state employee; c. Unsatisfactory service; d. Violation of Employer work rules, policies, regulations or directives pertaining to performance, conduct or safety.

Disciplinary Action. (A) An Section 1. The University shall not take disciplinary action against an employee who has attained permanent status in his current position may be disciplined only for without just cause. Section 2. Disciplinary action will be based on an evaluation of all the facts including the nature and extent of the violation, previous conduct and possible extenuating circumstances. The University shall follow progressive discipline, which shall generally include: (B1) An employee who has first written warning; (2) second written warning; (3) suspension; and (4) termination. Although the University favors progressive discipline, nothing herein shall limit the right of the University to use any of the disciplinary steps, consistent with requirements of just cause, for any offense that is of such a serious nature that use of progressive discipline is not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplinedappropriate or warranted. Section 3. Due Process. All employees shall have the right to Union representation at all steps of the disciplinary procedure. For pre-disciplinary meetings, the Department of Human Resources will notify the employee, the SEIU District 1199 Executive Board Member/Chair and SEIU District 1199 Administrative Organizer with three (C3) Each working days advance notice of the date and time of the meeting. The written notification will state clearly and specifically the nature of the problem and the proposed action, advise the employee of his/her right to have a Union representative present and set a date and time for the meeting. If the date and time are not mutually agreeable, the supervisor and the employee shall arrange another date and time not later than two (2) working days of the originally scheduled date unless the parties agree on another date. Included with that notification will be furnished a copy documentation upon which the charges against the employee are based. The SEIU District 1199 Administrative Organizer also shall have the option of all disciplinary actions placed participating in his official personnel file the meeting. The Vice President for Business Affairs and Finance or designee shall preside at the meeting. No discipline beyond the second written warning shall be permitted to respond thereto. (D) An employee may request that imposed until after a PBA Staff Representative be present disciplinary meeting, during any disciplinary investigation meeting in which the employee is being questioned relative and her/his Union representative shall have the opportunity to alleged misconduct of refute 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 suspensioncharges. An employee may indicate his preference as to whether to serve be placed on administrative leave pending the suspension or to have special compensatory Administration’s investigation of alleged misconduct. Placement on administrative leave deductedstatus does not constitute disciplinary action. If no disciplinary charges result from the investigation, which preference the employee 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 returned to regular duty status without loss of pay or annual leave, the remainder of the period will be leave without paybenefits. Section 4. Employees from whom leave is deducted will continue have the right to report for duty. The employee’s personnel file will reflect a appeal 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 action through the grievance procedure as set forth in Article 6 if 8. Employees subject to discipline, up to and including discharge, shall receive notification of disciplinary actions in writing. All employees shall have the right to attach a written rebuttal to all written disciplinary documents. Section 5. Written disciplinary documents for offenses that were subject to progressive discipline under Section 2 above shall not be considered for purposes of discipline after eighteen (18) months from issuance to the employee provided no further discipline for a similar infraction has attained permanent status in his current position; the decision is final and binding at Step 2occurred since that incident.

Disciplinary Action. (A) An employee who 9.01 When an Employee has attained permanent status been given a written reprimand, suspension, disciplinary demotion or is dismissed from employment, the Employee shall be informed 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 writing as to the grievance procedure in Article 6 when disciplined. (Creason(s) Each employee shall for such action. The Employee will be furnished provided with a copy of all correspondence or written notices pertaining to their conduct or performance which are placed on their personnel file. 9.02 An Employee who is to attend a meeting with respect to disciplinary actions placed action or an investigation which may lead to disciplinary action shall be notified at least twenty-four (24) hours in his official advance of the time and place of the meeting. If desired by the Employee, the meeting shall be scheduled to allow a Union Representative or Union ▇▇▇▇▇▇▇ to attend. When a Union ▇▇▇▇▇▇▇ requires time off from work to accompany an Employee to an interview pursuant to this Clause, the Union ▇▇▇▇▇▇▇ must obtain prior approval from their Department Head to be absent from work, and, if approval is granted, leave without loss of pay will be allowed. This does not prevent enquiries being made of an employee without union representation, however, when and if it becomes known that discipline may flow; all such enquiries will cease, to provide the employee the opportunity to be represented. 9.03 An Employee who has been subjected to disciplinary action, after twenty-four (24) months of continuous service from the date the disciplinary action was invoked, shall have such record of the disciplinary action deemed removed from the Employee’s personnel file, providing: (a) the Employee's file does not contain any further record of similar or greater disciplinary action during that twenty-four (24) months period, and (b) the disciplinary action is not the subject of an unresolved grievance. 9.04 The Employer will have an Employee's personnel file and made available at a reasonable time for the Employee to examine their file, upon a request for the same being made by the Employee, once in every year, as well as in the event of a grievance. The Employee may request a representative of the Union to be present at the time of such examination. 9.05 The personnel file referred to in this Article is the personnel file of an Employee maintained by the Town Office. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The Parties mutually agree that no information pertaining to interview records, reference checks, or confidential information related to a diagnosis or prognosis shall be permitted to respond theretocontained in this file. (D) An employee may request that 9.06 When an Employee has grieved a PBA Staff Representative be present during any disciplinary investigation meeting in which action and a Designated Officer has either allowed the employee is being questioned relative to alleged misconduct grievance or reduced the penalty levied against the grievor, the personnel file of the employeeEmployee shall be amended to reflect this action, or during a predetermination conference provided that this action results in which suspension or dismissal the abandonment of the employee is being consideredgrievance. Where the grievor appeals the disciplinary action to adjudication, the personnel file of the Employee shall be amended to reflect the award of the adjudicator or adjudication board. (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 9.07 An Employee 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 dismissed, suspended, demoted 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 given 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 2for just cause.

Disciplinary Action. (A) 14:01 An employee who has attained permanent status in his current position may shall only be disciplined only for just cause. 14:02 A meeting shall be held with an employee within twenty-eight (B28) An days of the incident, with the exception of being notified of gross misconduct prior to making a determination to discipline any employee. If declining representation, the employee who has not attained permanent status shall do so in his current position shall not have access to the grievance procedure in Article 6 when disciplinedwriting. (C) Each 14:03 Where disciplinary action has been taken, the employee shall be furnished advised in writing of the reason(s) for discipline and the disciplinary action to be taken. The employee shall sign a copy of all disciplinary actions placed in his official personnel file only to acknowledge its receipt and the employee shall receive an original document. A copy shall be permitted provided to respond theretothe Union. An employee declining representation shall indicate same in writing. (D) 14:04 An employee may request that a PBA Staff Representative be present during any grieve 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, action in accordance with the grievance procedure Grievance Procedure. 14:05 Wherever possible, the Employer shall provide the Unifor Chairperson a copy of a written security investigation report used in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal a disciplinary action. 14:06 As it relates to Disciplinary Action, there shall only be one (1) employee file located in Human Resources and relied upon by the length Employer for each employee. 14:07 Where there has been no recurrence of a disciplinary suspension deducted from nature for a period of twelve (12) months, the Employer shall remove those disciplinary documents in an employee’s leave balance file of a verbal and/or written nature as per the progressive discipline process. This will also include non-disciplinary letters of direction. Where there has been no recurrence of a disciplinary nature for a period of eighteen (18) months, the Employer shall remove those disciplinary documents in lieu an employee’s file outlining a suspension as per the progressive discipline process. The exceptions to the above relate to those issues dealing with Discrimination, Harassment, and Acts of serving the suspension. An Violence. 14:08 The Employer will apply these guidelines to employee behaviours requiring discipline in each of these two (2) separate categories which will not be combined: (a) Attendance (b) Performance/Misconduct The parties recognize that some offences requiring discipline may indicate his preference be so severe as to whether to serve the result in immediate written reprimand, suspension or to have special compensatory leave deducteddismissal. 14:09 For the purposes of recruitment, 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 discipline will be leave without paya factor in the screening process and be applied as follows: 1. Employees A verbal reprimand will restrict participation in the recruitment process for a period of three (3) months 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 date the suspension or has leave deductedincident occurred. (G) Oral reprimands are not grievable2. A written reprimand shall will restrict participation in the recruitment process for a period of six (6) months from the date the incident occurred. 3. A Suspension will restrict participation in the recruitment process for a period of twelve (12) months from the date the incident occurred. The Individual must be subject discipline free for the period of time indicated above for the time periods to apply. The discipline referred to above will remain in the grievance procedure in employee’s file as per Article 6 if 14:07. 14:10 In situations other than serious misconduct, the Employer may issue a “time served” suspension. As time served, the suspension will require the employee has attained permanent status in his current position; to attend work as regularly scheduled and the decision suspension will remain on file as per Article 14:07. 14:11 In the event a bargaining unit employee is final and binding at Step 2placed on administrative leave without pay pending the result of an investigation, Management will endeavor to complete the investigation within fourteen (14) calendar days.

Disciplinary Action. (A) An employee who has attained permanent status Disciplinary action should as a general matter be progressive in his current position may nature and issued in a timely manner after the Superintendent concludes discipline should 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 grievableimposed; however, such documentation the Superintendent reserves the right to omit any or all disciplinary steps when, in the Superintendent’s sole judgment, circumstances warrant doing so. Disciplinary action for just cause 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 include: verbal reprimand, written reprimand, suspension with 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 without 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 suspensiontermination. An employee may indicate be dismissed or suspended with or without pay for misconduct, incompetency, insubordination, willful neglect of duty, repeated unauthorized absences, unsatisfactory work performance, or any other good and sufficient reason. The Superintendent and/or designated representative(s) will meet with the employee, if desired by the employee. The employee shall be provided the opportunity to be heard by the Superintendent or designee. The employee may have representation (limit 3) of his preference as or her choice present at the meeting with the Superintendent or designee. The supervisor who took action or made the recommendation and/or designated representatives will be present at the meeting. Following the meeting, the Superintendent will make the final determination. Written notice of suspension and/or discharge shall be given to whether the employee. Any dispute relating to such suspension and/or discharge shall be made the subject of an appeal to the Board of Education provided it is raised within thirty (30) calendar days of receipt of the written notice of suspension and/or discharge from the Superintendent or designee. The Board within fifteen (15) calendar days following receipt of the appeal shall respond to the appellant. Should the appellant fail to serve such notice of intention to appeal within the suspension or to have special compensatory leave deductedtime limitation, which preference shall the disposition of the matter will be taken into consideration by the DHSMV in making its decisionconsidered acceptable and concluded. If the employee does not have sufficient special compensatory leave, annual leave Disciplinary action may be deducted. If there processed through the administrative appeal process (4-205c) and 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 2procedure.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may ‌ 17.1 Permanent employees shall be disciplined only subject to disciplinary or corrective action as a consequence of misconduct or unsatisfactory job performance for just cause. (B) An 17.2 Disciplinary or corrective action may include termination, suspension with or without pay, demotion, or written reprimand. No disciplinary action shall be taken against any unit employee who has not attained permanent status in his current position shall not have access for any cause which arose prior to the grievance procedure date in Article 6 when disciplinedwhich the employee became permanent, nor for any cause which arose more than two (2) years preceding the date of the filing of a Notice of Disciplinary action, unless such cause was concealed or not known to the District. The District retains the right to terminate probationary employees without cause. (C) Each employee 17.3 Employees shall be furnished have the right to a copy of all disciplinary actions placed in his official personnel file LBCCE representative and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be LBCCE staff member present during any disciplinary investigation meeting, hearing or appeal conducted by the District Administration and reasonable travel time to and from the disciplinary meeting, hearing or appeal. Whenever possible the District shall provide, at least forty-eight (48) hours and seventy-two (72) hours for employees working non- traditional/alternative schedule, notice of all proposed disciplinary meetings, in part, to facilitate a unit member’s exercise of representational rights to this Section. The right of representation shall not unreasonably delay any disciplinary meeting or hearing. Such notice shall indicate the subject matter of the meeting. 17.4 The following procedures will be utilized to provide progressive discipline for permanent employees prior to taking disciplinary action. Progressive discipline is intended to formally address and correct deficient performance. 17.4.1 Within thirty (30) calendar days of the immediate supervisor’s knowledge of an act or omission that may give rise to discipline (excluding the acts or omissions specified in Section 17.5) the District shall meet with the employee to notify the employee of the act(s)/omission(s) to be addressed and corrected and give clearly defined goals in writing for performance improvement. Notes may be kept of the meeting but the notes shall not be placed in the employee’s personnel file subject to the provisions of Section 17.4.2. A copy of the notes may be given to the employee, however, no signature is required to establish receipt of the notes. 17.4.2 Following the meeting, and if the District determines that a warning notice is appropriate, then the employee will receive a written notice from the District advising the employee of the reasons for the warning notice and provide clearly defined goals and completion timeline in writing for performance improvement. The employee shall have 10 days to respond in writing. Such response shall be included with the record of discipline in their personnel file. 17.4.3 Correction for the purpose of this section shall be defined as satisfactory completion of the clearly defined goals and completion timeline in writing for performance improvement as specified in Section 17.4.2. 17.5 The parties agree that the following specified acts/omissions do not require progressive discipline prior to proposing disciplinary action. 17.5.1 Willfully deceiving or defrauding the District or knowingly falsifying or withholding any material information supplied to the District, including but not limited to, information required on application forms and employment records. 17.5.2 Appearing for work under the effects of alcoholic beverages on District property, except at events where alcoholic beverages are provided by the District/LBCCD Foundation. “On District property” shall also include District vehicles or facilities used to conduct District business. 17.5.3 Appearing for work under the effects of controlled substances or restricted dangerous drugs on District property. This prohibition shall not apply to a prescription issued by a state- licensed physician and which the employee is being questioned relative using according to alleged misconduct the prescription directions. 17.5.4 Conviction of a sex offense as defined in Education Code §87010. 17.5.5 Conviction of a controlled substance offense as defined in Education Code §87011. 17.5.6 Willful misuse, destruction or theft of District property, student body property, or the property of an employee or student. 17.5.7 Any action that causes harm to the District, its employees, students or the general public consistent with just cause. 17.5.8 Collecting sick leave or industrial accident/illness leave pay while working elsewhere for pay during their normal scheduled work assignment with the District. 17.5.9 Conviction by a court of competent jurisdiction of a felony or a crime of violence or involving moral turpitude while employed by the District. A plea, verdict, or finding of guilty or a conviction following a plea of nolo contendere, is deemed to be a conviction. 17.5.10 Absence from work of five (5) consecutive working days without authorization, permission or good cause. 17.5.11 A finding of harassment and/or discrimination based on a protected category that violates District, State, or federal standards. 17.5.12 The uninsurability of an employee to drive a District vehicle when such is a requirement of the employee’s position. Upon notification or confirmation by the District’s insurance carrier, employees shall not be subject to discipline, except as provided below. 17.5.12.1 The District shall attempt to reassign the employee within the same class or during to a predetermination conference vacant position in which suspension or dismissal a related class with approval of the employee is being consideredPersonnel Commission not requiring operation of a motor vehicle. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are 17.5.12.2 If reassignment is not discipline and are not grievable; howeverpossible, such documentation then the employee may be used by the parties at an administrative hearing involving an employee’s discipline voluntarily demoted to demonstrate a vacant position for which the employee was on meets the minimum qualifications of the new classification pursuant to the Personnel Commission Rules and Regulations. 17.5.12.3 Any demotion or reassignment to a related but lower classification will result in the employee being paid at the salary range of the new classification. 17.5.12.4 If the procedures in subparagraphs Section 17.5.12.1 and 17.5.12.2 cannot be accomplished, the District may pursue discipline. 17.5.13 Failure to maintain a license or certification required for the classification. Employees shall not be subject to discipline under this section, except as provided below. 17.5.13.1 The District shall attempt to reassign the employee within the same class or to a vacant position in a related class with approval of the Personnel Commission not requiring the license or certification. 17.5.13.2 If reassignment is not possible, then the employee may be voluntarily demoted to a vacant position for which the employee meets the minimum qualifications of the new classification pursuant to the Personnel Commission Rules and Regulations. 17.5.13.3 Any demotion or reassignment to a related but lower classification will result in the employee being paid at the salary range of the new classification. 17.5.13.4 If the procedures in Sections 17.5.12.1 and 17.5.12.2 cannot be accomplished, the District may pursue discipline. 17.6 The following procedures will be utilized to process disciplinary action: 17.6.1 When the District recommends disciplinary action for a permanent employee, it shall serve the employee with a notice of recommended disciplinary action and inform the performance deficiencies or conduct concernsemployee of the option to have such notice forwarded to the Union. Such notice shall in ordinary and concise language set forth the specific causes and charges for disciplinary action. In addition, the notice shall advise the permanent employee of their right to respond to the notice within ten (10) working days from receipt of the notice. (F) If filed within 21 calendar days following 17.6.2 In the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an event a permanent 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 elects to respond to the Public Employees Relations Commission under notice of recommended disciplinary action, the provisions of section 110.227(5employee shall be provided the opportunity for a due process hearing (▇▇▇▇▇▇) and (6)before a Vice President or designee who is not a party to the proposed disciplinary action, F.S. either as the supervisor initiating the proposed disciplinary action or as a direct witness to the proposed charges. In the alternative, such actions the employee may elect to respond in writing to the notice of recommended disciplinary action to the Vice President or designee. 17.6.3 After the permanent employee has had an opportunity to respond to the notice of recommended disciplinary action, has not requested an opportunity to respond, or has failed to request an opportunity to respond in the prescribed time period, a decision by the District shall be grieved at Step 2 and processed through made whether to proceed with a recommendation for disciplinary action. In the Arbitration Step without review at Step 3event that there is a recommendation for disciplinary action, in accordance with it shall be submitted to the grievance procedure in Article 6 Board of Trustees. 17.6.4 The Board of Trustees may either accept, modify or reject the recommendation for disciplinary action. The permanent employee shall be provided written notification of the Board’s decision. In no case may the Board impose greater discipline than the recommended disciplinary action. 17.6.5 If disciplinary action is imposed as a result of this Agreement. The DHSMV may have special compensatory leave equal procedure, the affected employee shall be provided written notification of their right to appeal to the length Personnel Commission within fourteen (14) calendar days 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 receipt of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employeeBoard’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducteddecision. (G) Oral reprimands are not grievable. A written reprimand 17.7 The procedures set forth herein shall include the provisions of Education Code §88123, or any successive legislation thereto. 17.8 Only the procedures set forth in this Article shall be subject to the grievance article of this Agreement. The subjective judgment to impose discipline and the Personnel Commission’s decision responsive to an employee’s appeal shall not be subject to the grievance procedure of this Agreement. 17.9 In the event that legislation is passed regarding the ability to authorize arbitration in Article 6 if lieu of an appeal of disciplinary action to the employee has attained permanent status in his current position; Personnel Commission, the decision is final parties agree to meet and binding at Step 2negotiate within thirty (30) calendar days of the effectiveness of such legislation.

Disciplinary Action. (A) An employee who has attained permanent status satisfactorily completed at least a one-year probationary period in his their current position may be disciplined or discharged only for causejust cause as provided in Section 110.227, Florida Statutes. (B) An employee who has not attained Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time. The state will make a good faith effort to initiate a disciplinary action within 60 days of knowledge of the event giving rise to the disciplinary action. Such disciplinary actions shall be grievable for employees with permanent status in his their current position shall not have access to in accordance with the grievance procedure in Article 6 when disciplined6. (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 an FSFSA 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 disciplinary actions and are not grievable; however, such documentation . Letters of counseling may be used by the parties at arbitration only to show that an administrative hearing involving an employee’s discipline to demonstrate the employee was placed on notice of a rule not as an example of prior discipline. They shall not be relied upon for the purposes of promotional decisions or performance deficiencies or evaluations if the conduct concernsresulting in the letter is not repeated in the following 12 months. (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 Reprimands shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Agreement. (2) An oral reprimand will not be considered in Article 6 if determining discipline, provided the employee has attained is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved by employees with permanent status in his their current positionposition up to Step 2; the decision is at that level shall be final and binding binding. (4) A written reprimand will not be considered in determining discipline, provided the employee is not disciplined for the same offense during the succeeding 18 months, and the written reprimand was not for a major offense which could have resulted in the employee’s dismissal. (G) The state may, at Step 2its discretion, assess disciplinary suspensions of more than three days over two pay periods. SECTION 1 Layoffs

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause. Cause shall include, but is not limited to poor performance, negligence, inefficiency, or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The Agency Head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual. (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. (FC) 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 agency may have special compensatory leave or annual 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 or annual leave deducted, which preference shall be taken into consideration by the DHSMV agency 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. (GD) If filed within 21 calendar days following the date of receipt of notice from the agency, 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, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), Florida Statutes. 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. (E) 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. (F) 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. (G) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (H) An employee may request that an Association 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, demotion, or dismissal of the employee is being considered. (I) An oral reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 12 months from the date of issuance, and a written reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 24 months from the date of issuance, and further provided that the oral or written reprimands were not for a major offense which could have resulted in the employee’s dismissal.

Disciplinary Action. 11.01 Disciplinary action shall mean any action taken by the Employer against an employee which results in: (Ai) An written reprimand; (ii) suspension; (iii) discharge; (iv) financial penalty. (a) No employee who has attained permanent status in his current position may shall be disciplined only except for just cause. (Bb) An Termination for unsatisfactory performance during the probationary period is not disciplinary action. (c) Notwithstanding anything in this Article, a disciplinary action resulting in the issuance of a written reprimand cannot be referred to adjudication. 11.03 Whenever the Employer disciplines an employee who it shall, within ten (10) working days of the disciplinary action, provide the employee with written reasons for such action and shall forward a copy of the written reasons for the disciplinary action to the Secretary-Treasurer of CUPE Local 1418. 11.04 Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which he works during which time he shall continue to be paid. Should the employee be relieved of his/her duties as a result of a harassment complaint, the applicable procedures as outlined in the Workplace Harassment Policy (AD-2913) shall be followed. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personal file. 11.05 Where an employee alleges that he has not attained permanent status been disciplined in his current position shall not have access to violation of clause 11.02, he may within ten days of the date he was notified in writing or within twenty days of the date of the disciplinary action, whichever is later, invoke the grievance procedure as set out in Article 6 when disciplinedthis Agreement. For the purpose of a grievance alleging violation of clause 11.02 he shall lodge his grievance at the final level of the grievance procedure except in the case of reprimand in which case he shall lodge his grievance at the First Level. (C) Each 11.06 Unjust suspension or Discharge - Where it is determined that an employee has been disciplined by suspension without pay or by discharge in violation of Article 11, that employee shall be furnished a copy of all disciplinary actions placed immediately reinstated in his official personnel file and former position without loss of seniority or any other benefit which would have accrued to him if he had not been suspended or discharged. One of the benefits which he shall not lose is his regular pay during the period of suspension or discharge which shall be permitted paid to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which him at the employee is being questioned relative to alleged misconduct end of the employeenext complete pay period following his reinstatement, or during a predetermination conference by any other arrangement as to compensation which is just and equitable in which suspension or dismissal the opinion of the employee is being considered. (E) Letters of counseling conferring Parties 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 in 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 opinion of a disciplinary suspension deducted from an employee’s leave balance in lieu Board of serving the suspension. An employee may indicate his preference as to whether to serve the suspension Adjudication or to have special compensatory leave deductedAdjudicator, 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 matter is final and binding at Step 2referred to such a Board of Adjudication or Adjudicator.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause. Cause shall include, but is not limited to poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The Agency Head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual. (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, 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. (FC) 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 agency may have special compensatory leave or annual 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 or annual leave deducted, which preference shall be taken into consideration by the DHSMV agency 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. (GD) If filed within 21 calendar days following the date of receipt of notice from the agency, 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, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), Florida Statutes. 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. (E) 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. (F) 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. (G) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (H) An employee may request that an Association 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, demotion, or dismissal of the employee is being considered. (I) An oral reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 12 months from the date of issuance, and a written reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 24 months from the date of issuance, and further provided that the oral or written reprimands were not for a major offense which could have resulted in the employee’s dismissal.

Disciplinary Action. (A) An employee who has attained permanent status satisfactorily completed at least a one-year probationary period in his their current position may be disciplined or discharged only for causejust cause as provided in Section 110.227, Florida Statutes. (B) An employee who has not attained Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time. The state will make a good faith effort to initiate a disciplinary action within 60 days of knowledge of the event giving rise to the disciplinary action. Such disciplinary actions shall be grievable for employees with permanent status in his their current position shall not have access to in accordance with the grievance procedure in Article 6 when disciplined6. (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 an FSFSA 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 disciplinary actions and are not grievable; however, such documentation . Letters of counseling may be used by the parties at arbitration only to show that an administrative hearing involving an employee’s discipline to demonstrate the employee was placed on notice of a rule not as an example of prior discipline. They shall not be relied upon for the purposes of promotional decisions or performance deficiencies or evaluations if the conduct concernsresulting in the letter is not repeated in the following 12 months. (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 Reprimands shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Agreement. (2) An oral reprimand will not be considered in Article 6 if determining discipline, provided the employee has attained is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved by employees with permanent status in his their current positionposition up to Step 2; the decision at that level shall be final andbinding. (4) A written reprimand will not be considered in determining discipline, provided the employee is final not disciplined for the same offense during the succeeding 18 months, and binding the written reprimand was not for a major offense that could have resulted in the employee’s dismissal. (G) The state may, at Step 2its discretion, assess disciplinary suspensions of more than three days over two pay periods.

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 cause as provided in section 110.227, Florida Statutes. Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time against any employee. Such actions against employees with permanent status in his their current position for disciplinary reasons shall not have access to be grievable in accordance with the grievance procedure in Article 6 when disciplined.6, if the employee alleges that the action was not for just cause. However, any reduction in base pay required by the Rules of the State Personnel System shall not be grievable. Demotion will not be used as a form of disciplinary action for employees in the classes of Correctional Officer, Correctional Probation Officer, Correctional Probation Officer-Institution, or Institutional Security Specialist I. Disciplinary actions shall be subject to the grievance procedure as follows: (C1) Each employee shall be furnished a copy The state may issue Memoranda 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 Record, Memoranda of the employeeCounseling, or during a predetermination conference in Supervisory Counseling Memoranda, 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 maintained by a supervisor in a working file. Such documents are not discipline and discipline, are not grievable, and shall not become part of the employee’s official personnel file; however, such documentation may be used by the parties state at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F2) If filed Written reprimands may be grieved by employees with permanent status in their current position up to Step 3; the decision at that level shall be final and binding. (B) An employee with permanent status in his current position may file an appeal of a reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal with the Public Employees Relations Commission within 21 calendar days following after the date of receipt of notice of such action from the DHSMVagency, 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. Florida Statutes. In the alternative, such actions a complaint by an employee with permanent status in his current position concerning a reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3Step, in accordance with the grievance procedure Grievance Procedure in Article 6 of this Agreement. (C) Where a disciplinary action may be appealed to the Public Employees Relations Commission and is also grievable under this Agreement, the employee shall indicate at the time the grievance is reduced to writing which procedure is to be used and such decision shall be binding on the employee. In the case of any duplicate filing, the action first filed will be the one processed. (D) For disciplinary suspensions, the following shall apply: (1) If the agency issues a disciplinary suspension to an employee and the employee files an appeal to the Public Employees Relations Commission (PERC) in the required 21 calendar days from the date the employee receives the letter, or files a collective bargaining grievance within the time limits set forth in Article 6 of this Agreement, the agency shall have the option to stay the suspension for up to 90 calendar days pending a Recommended or Final Order by PERC, or a decision/award from an arbitrator. If the agency stays the suspension, and PERC has not issued a Recommended or Final Order, or an arbitrator has not rendered a decision/award by the end of the period for which the suspension was stayed, the agency may proceed with the disciplinary suspension. (2) The DHSMV agency may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of the employee serving the suspension. An In making such determination, the agency shall take into consideration the preference of the employee may indicate his preference as to whether to serve serving the suspension or to have special compensatory having leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 18.01 Disciplinary action shall mean any action taken by the Employer against an employee which results in: (Aa) An written reprimand; (b) suspension; (c) discharge; (d) financial penalty. 18.02 No employee who has attained permanent status in completed his current position may probationary period shall be disciplined only except for just cause. (Ba) An Where the Employer intends to meet with an employee who for the purpose of discussing possible disciplinary action as per Article 18.03 (b), the employee shall be advised within a reasonable time frame in order that he may invite a Union representative to attend the meeting. (b) When an employee is disciplined, the employee has not attained permanent status the right to receive such discipline in his current position the presence of either a shop ▇▇▇▇▇▇▇ or a member of the local union executive. At that time, the employee will be advised of the reasons for such disciplinary action. The Hospital shall, within seven (7) calendar days thereafter, give written particulars of such disciplinary action to the employee involved. A copy shall not have access be given to the Local. (a) Where an employee alleges that he has been disciplined by suspension, discharge or financial penalty in violation of Article 18.02, he may within ten (10) days of the date he was notified in writing or within twenty (20) days of the date of the disciplinary action, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement. For the purposes of a grievance alleging violation of Article 6 when disciplined18.02, and resulting in suspension, discharge or financial penalty he shall lodge his grievance at the final level of the grievance procedure. (Cb) Each Written reprimand is not adjudicable however the employee may submit a grievance questioning any written reprimand in violation of Article 18.02. Such grievance if submitted will be lodged at the First Level of the Grievance Procedure and may be processed to the final level of the grievance procedure. 18.05 Where it is determined that an employee has been disciplined in violation of Article 18.02 that employee shall be furnished immediately reinstated in his former position without loss of seniority or any other benefit which would have accrued to him if he had not been disciplined. One of the benefits which he shall not lose is his regular pay during the disciplinary period and it shall be paid to him at the end of the next complete pay period following his reinstatement. 18.06 Nothing in this Article prevents the hospital from disciplining an employee for just cause without prior notice and with payment only up to and including the last day worked. 18.07 When a formal assessment of an employee is done, the employee concerned must be given an opportunity to sign the forms to indicate that its contents have been read and understood. The employee's signature will signify that he has read and understood the assessment and will not be evidence that he agrees or disagrees with the assessment. Upon request, a copy of all this assessment shall be given to the employee. Formal assessments are not disciplinary actions placed in nature. 18.08 The Employer agrees not to introduce as evidence in a hearing, relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware six (6) working days prior to the time of said hearing and in the case of an adjudication hearing prior to the date on which the G-1 form was filed. 18.09 A record of disciplinary action shall be removed by the Employer from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of disciplinary action in respect of the employee has been recorded during that period. 18.10 Upon request an employee shall be given an opportunity to read and make a copy of any document in his official personnel personal file relating to an assessment of his conduct, work performance and warnings. The employee shall, if he so requests, be accompanied by a local representative. 18.11 Where a written reprimand is placed against the record of an employee, one (1) copy shall be initialled by the employee as the Employer's receipt and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting placed 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 's personal file and 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 original shall 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 given to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent A. The following statement is to further delineate the process to be followed in cases where unit members are identified with a problem of unacceptable behavior. The employment status of each unit member is conditional upon reasonable standards of personal conduct and job performance. Failure to meet such standards may provide the basis for appropriate progressive discipline. The District retains the right to discipline unit members for just cause. If appropriate, progressive discipline shall be followed in his current position cases of disciplinary action. The following steps shall ordinarily be utilized; however, the process may be disciplined only for causeinitiated at any level if, in the opinion of the supervisor, such action is warranted. 1. Identification of problem and verbal reprimand, if appropriate. 2. Written warning not placed in personnel file. 3. Written reprimand in personnel file with notice of future possibility of appropriate progressive discipline. 4. A meeting with the Assistant Superintendent of Human Resources to address concerns. 5. Further appropriate progressive discipline, which may include, but is not necessarily limited to, suspension without pay for a period as specified in the Education Code. Whenever a supervisor/administrator requests to meet with a unit member, the supervisor/administrator shall inform the unit member of the nature of the meeting. A unit member, who reasonably believes that a meeting with his/her supervisor may result in disciplinary action, has a right to UACT representation at the meeting. If a unit member requests a UACT representative accompany him/her to the meeting, the unit member shall notify the supervisor/administrator of such representation as far in advance as reasonably possible. The meeting shall be scheduled at a time that works for all parties, including the UACT representative. Unless in emergency situations, a disciplinary meeting should not be scheduled within 24 hours prior to the notice of the meeting, but should take place no later than 48 hours after notification. B. No unit member shall be suspended without pay for disciplinary (Bpunitive) An employee who has not attained permanent status reason without just cause and, in his current position appropriate cases, the utilization of progressive discipline. Except in emergencies, or as expressly authorized by law, such disciplinary actions shall not be put in effect until the employee has received written notice advising of the proposed action, the reason(s) therefore, the facts giving rise thereto, the proposed effective date, advising that the employee shall have access to written materials that forms a basis for the grievance procedure in Article 6 when disciplined. (C) Each proposed action, and until the employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted have had the opportunity to respond thereto. (D) An to the Assistant Superintendent, Human Resources, orally or in writing by a date specified in such notice. If the proposed action or some modified action is then implemented, the employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative then appeal such action directly 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 binding arbitration 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 17 of this Agreement. The DHSMV may have special compensatory leave equal Grounds for such suspension, subject to a finding of just cause and utilization of progressive discipline, where appropriate, shall include the length grounds set forth in Education Codes 44932 and 44933, violation of a disciplinary suspension deducted from an employee’s leave balance in lieu this Agreement or violation of serving the suspension. An employee may indicate his preference as District policies and procedures. C. This Article is negotiated pursuant 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 Government Code Section 3543.2 and does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory apply to probationary 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.temporary employees

Disciplinary Action. The following procedure will apply when a seniority employee is to be given a written reprimand, suspension or discharge: (A) An When the Company believes an offense has been commit- ▇▇▇ that warrants a written reprimand, suspension termination, the employee who has attained permanent status with a Union representativewill be interviewed in his current position an office and advised of the alleged offense within two (2) working days of the Company becoming aware of the infraction. This time limit will not apply in cases of absenteeism. Following a full investigation by both parties, to be com- pleted within two (2) days of the employee being advised of the offense, unless a longer period is needed and mutually agreed upon, the employee and the Union will be advised of the penalty to be imposed. When the union disagrees with the penalty stated above, a meeting may be disciplined only for causerequested with the employee, the chairperson or their designate, and the Manager of Human Resources or their designate to be held prior to the employee losing time because of the penalty to be imposed, to attempt to mitigate the discipline. After consideration of the Union’s position, the Company will impose the disciplinary action they believe is appropriate under the circumstances. It is understood that Article may not apply to written reprimands. If after Step the Union still feels the issue has not been properly addressed, it shall be dealt with at Step of the grievance procedure. (BA) An Article not apply when the alleged violation may endanger the safety of the employee who has not attained permanent status or other employees, or be of such a nature that it would be inadvisable to retain the employee in his current position shall not have access to the grievance procedure in Article 6 when disciplinedplant, such violations involving drunkenness or fighting. (CA) Each The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee hav- ing seniority They shall have the right to interviewtheir committee person or ▇▇▇▇▇▇▇ in a suitable place for a reasonable period or time before leav- ing the plant premises. The discharged or suspended employee shall present the grievance in writing, signed by them, to the Company man- agement at any time within three normal working days next following the day on which the discharge or suspension takes place. The management review the discharge or suspensionwith the discharged or suspended employee or with the discharged or suspended employee and committee and render its decision in writing within three (3) normal working days after said review. The consideration of their grievance may include not only the merits of the case, but also what, if any compensation shall be furnished paid for the time lost in the event their reinstatement is agreed upon. The word “committee” as used in this paragraph shall mean the committee mentioned in Section or a quorum thereof. (A) A copy of all disciplinary actions placed in his official personnel file and shall reprimand notations be permitted given 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 (including probationary employees) and the Union and notice will become part of the employee, or during employee’spersonnel record. If an employ- ee has had 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 reprimand notation placed on their record 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 has since the date of receipt that placement, been employed for a period of notice from the DHSMVtwelve (12) active months without having further reprimand notation placed on their record, by personal delivery it is understood that said reprimand 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 any prior reprimands shall not 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 deductedused against them. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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 Union recognizes 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 authority 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 responsibility of the employeeEmployer to take timely, or during a predetermination conference and reasonable disciplinary action against employees for just cause. Discipline will normally be progressive 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 grievablenature; however, such documentation may the Employer shall have the right to invoke a penalty which is appropriate to the seriousness of an individual incident or situation. For purposes of this Article, disciplinary action, or investigation to determine whether disciplinary action should 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 taken, is timely only when commenced within 21 calendar days following the date on which the Employer had reasonable basis to believe that such action or investigation should be taken. Disciplinary action includes: written reprimand; involuntary demotions; suspension without pay; forfeiture 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 accrued annual leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving suspension; payment of fines in lieu of suspension; unsatisfactory or follow-up interim rating and discharge. The suspension without pay of a probationary employee during or at the suspensionend of the pay period in which the initial probationary period expires, pending separation for unsatisfactory service, as well as the separation itself in such circumstances, shall not be considered disciplinary action for purposes of this Article. An A demotion will not be considered disciplinary action if it is a result of a status employee may indicate his preference as failing to whether to serve satisfactorily complete a required probationary period upon promotion or transfer; in conjunction with the suspension layoff or to have special compensatory leave deducted, which preference shall be taken into consideration by "bump" of the DHSMV in making its decision. If employee; or the voluntary or required transfer or reassignment of the employee does not have sufficient special compensatory leaveto a position allocated at a lower level, annual leave may be deductedif voluntary, or required by Civil Service merit-based rules, if unaccompanied by disciplinary action of some other kind. If there is not sufficient special compensatory or annual leave, the remainder of the period will be Placing an employee on "lost time" (leave without pay) for the period of an employee's unauthorized absence from work shall not be considered disciplinary action. 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 However, if the employee has attained permanent status in his current position; requested authorization to use accrued leave credits for such time and it is denied, the decision denial shall not be exempt from the scope of the grievance procedure solely on the basis that the denial is final and binding at Step 2not disciplinary action.

Disciplinary Action. 13.01 Discipline shall mean any disciplinary action taken by the Employer against an employee which results in: (Aa) An written reprimand; (b) suspension; (c) discharge; (d) financial penalty. 13.02 No employee who has attained permanent status in his current position may completed her probationary period shall be disciplined only except for just cause. 13.03 Where an employee is disciplined, the Employer shall within ten (B10) An days of the disciplinary action, notify the employee who in writing by registered mail or by personal service. If the employee requests the reasons in writing for such discipline, she shall be advised in writing of the reasons, and a copy of the letter shall be forwarded to the Local. 13.04 Whenever the Employer deems it necessary to discipline an employee, in a manner indicating that discharge may follow any repetition of the act complained of, or omission referred to, or if such employee fails to bring her work up to a required standard by a given date, the Employer shall within five (5) days thereafter give written particulars of such disciplinary action to the employee involved. The President of the Provincial Local will be informed of such disciplinary action. 13.05 Where an employee alleges that she has not attained permanent status been disciplined in his current position shall not have access to violation of clause 13.02, she may within ten (10) days of the date she was notified in writing or within twenty (20) days of the date of the disciplinary action, whichever is later, invoke the grievance procedure including adjudication as set out in Article 6 when disciplinedthis Agreement. For the purposes of a grievance alleging violation of clause 13.02 she shall lodge her grievance at the final level of the grievance procedure except in the case of reprimand in which case she shall lodge her grievance at the First Level. (C) Each 13.06 Where it is determined that an employee has been disciplined in violation of Clause 13.02, that employee shall be furnished immediately reinstated in her former position without loss of seniority or any other benefit which would have accrued to her if she had not been disciplined. One of the benefits which she shall not lose is her regular pay during the disciplinary period and it shall be paid to her at the end of the next complete pay period following her reinstatement. If such discipline consisted of a written reprimand, such letters shall be removed from the employee's personal file. 13.07 Nothing in this Article prevents the Employer from disciplining an employee for just cause without prior notice and with payment only up to and including the last day worked. 13.08 The employer agrees not to introduce as evidence in an adjudication hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware fourteen (14) working days prior to the time of said hearing. 13.09 A record of disciplinary action shall be removed from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of a similar infraction disciplinary action in respect of the employee has been recorded during that period. 13.10 Upon request, an employee shall be given an opportunity to read and make a copy of all any document in her personal file relating to disciplinary actions action taken against her. The Employee shall, if she so requests, be accompanied by a local representative if a local representative has previously been named for that work site. 13.11 Where a written reprimand is placed in his official personnel file against the record of an employee, one (1) copy shall be initialed by the employee as the Employer's receipt and shall be permitted placed in the employee's personal file and the original shall be given to respond theretothe employee. (D) An 13.12 Where a meeting is to be held with an employee may request for the purpose of disciplining that a PBA Staff Representative be present during any disciplinary investigation meeting in which employee as per Article 13.01, the employee shall be notified in advance so that she may have an opportunity to invite a Union representative to attend the meeting. It is being questioned relative understood that this article is not intended to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being consideredcover issues such as evaluation discussions. (E) Letters 13.13 Articles 13.01 to 13.12 do not apply to casual employees with less than 6 continuous months of counseling or counseling notices are documentation service. Given the temporary, sporadic nature of minor work deficiencies or conduct concerns that are not discipline and are not grievable; howeveremployment for casual employees, such documentation the Employer may be used by terminate the parties employment without just cause 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 3any time. Further, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal Civil Service Act, a person who is appointed on a temporary or casual basis ceases to be employed at 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 expiration 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 temporary or has leave deductedcasual employment. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) A. An employee who has attained permanent status is to be questioned by Company Representatives in the investi- gation of an incident which may result in disciplinary action being taken against him, will be informed of his current position may right to have a Union Representative present before such questioning begins. Such Union Representative will not interfere with the Company's questioning of an employee. However, at the conclusion of the Company's questioning the Union Representative will be disciplined only for causefree to ask questions or clarify facts. The above does not apply to inquiries of employees by Supervisors in the normal course of work. (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 B. No employee shall be furnished discharged without a copy prompt, fair and impartial investigative hearing at which he may be represented and assisted by Union Representatives. An employee will also be entitled to investigative review hearing if he so requests upon being advised of all a disciplinary actions placed suspension. The hearing will be held before any suspension is served. Prior to the actual hearing the Union and employee will be given copies of any previous disciplinary action letters which are to be consid- ered and the Union will be advised in his official personnel file writing of the precise charges against the employee. The Union and employee will have at least forty-eight (48) hours advance notification of the hearing should they so desire. Nothing herein shall be permitted to respond theretoconstrued as preventing the Company from holding an employee out of service pending such investigation. (D) An employee may request that a PBA Staff Representative C. Appeals of suspensions shall be present during any disciplinary investigation meeting in which the employee is being questioned relative made directly to alleged misconduct Step Two of the employeeGrievance Procedure. Appeals of discharge and appeals of employees laid off because of lack of qualifications shall be filed directly to Step Three of the Grievance Procedure. A hearing will be held within ten (10) days of perfecting such appeal. Oral and written evidence may be introduced at such hearings and witnesses may be required to testify under oath. All time limits for answers and appeals shall conform to the limitations imposed in the grievance procedure. D. All disciplinary letters (letters of warnings, reprimand, or during suspension), as well as non-disciplinary letters of counsel or concern, will be removed from the employ- ee's file after a predetermination conference in which suspension period of two (2) years (excluding periods while on layoff, Leave of Absence or dismissal Extended Illness Status) from the date they were issued. Decisions relating to appeals of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are disciplinary action may 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 Company as part of the performance deficiencies or conduct concerns. employee's past record when assessing subsequent discipline if more than two (F2) If filed within 21 calendar days following such years have elapsed from the date of receipt the disciplinary action taken. E. If, as a result of notice from the DHSMVany hearing or appeals therefrom, 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 it is found the suspension or to have special compensatory leave deducteddischarge was not justified, which preference the employee shall be taken into consideration reinstated without loss of senior- ity and made whole for any loss of pay he suffered by reason of his suspension or discharge, and his personnel records shall be corrected and cleared of such charge; or, if a suspension rather than discharge results, the employee shall have that time he has been held out of service credited against his period of suspension. In deter- mining the amount of back wages due an employee who is reinstated as a result of the procedures outlined in this Agreement, the maximum liability of the Company shall be limited to the amount of normal wages he would have earned in the service of the Company had he not been discharged or suspended. F. Necessary hearings and investigations called by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leaveCompany shall, annual leave may insofar as possible, be deducted. If there is not sufficient special compensatory conducted during regular business hours and all Local Union officials and witnesses necessary for a proper hearing or annual leave, the remainder of the period investigation will be leave without pay. Employees from whom leave is deducted will continue to report compensated at straight-time rate for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension all time spent attending such hearing or has leave deductedinvestigation. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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 The Employer shall not have access discharge any employee without just cause, but in respect to discharge shall give at least two warning notices of the grievance procedure complaint against such employee, in Article 6 when disciplined. (C) Each employee shall be furnished writing, and a copy of all disciplinary actions placed in his official personnel file and shall be permitted the same to respond thereto. (D) An the Union. Upon the third or subsequent warning letter an employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which discharged, and the employee is being questioned relative to alleged misconduct warning letter must be issued at the time 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 decisiondischarge. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory discharged on the third or annual leavesubsequent written warning letter, the remainder employer must issue an additional written letter at the time the employee is discharged. (Exception would be for gross violations of School Policies and Procedures as stated in BOE policy). And, when discharge for poor attitude or inefficiency is imminent, the Employer shall give the Union an opportunity to adjust the dispute, except that no warning notice nor such opportunity need be given if the cause for such discharge is for example: (a) Violent conduct (b) Proven theft or dishonesty (c) Drinking of any alcoholic beverages or use of illegal drugs (d) Reporting for work under the influence of alcohol or illegal drugs (e) Proven gross insubordination Employee discipline will follow the procedures located in the approved Board of Education policies. Specifically, BOE policies (5:240, 5:120 and 5:290 detail the policies and procedures regarding employee discipline). Discharge must be by written notice sent certified mail to the employee to his/her last known address, with copy to the Union. Any employee may request an investigation as to his/her discharge. Warning notices must be presented to the employee and a copy mailed to the Union within fifteen (15) days following any infraction which the Employer considers to be grounds for a written warning notice. Any warning notice presented to the employee and the Union more than fifteen (15) days following an infraction is invalid. Warning letters issued for poor workmanship will be considered valid if issued within fifteen (15) days of the period will discovery of the basis for the warning letter, but in no event shall a warning letter on workmanship 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 issued more than forty-five (45) working days after the employee serves work was completed by the suspension or has leave deductedtechnician. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An 1. The County may discipline or discharge classified employees for just cause in accordance with applicable sections of the Miami-Dade County Code, Personnel Rules and Administrative Orders, specifically including Administrative Order 7-3, Disciplinary Action, appended hereto. Whenever it is alleged that an employee who has attained permanent status violated any rule, regulation, or policy, or has acted 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 such manner that would warrant the grievance procedure in Article 6 when disciplined. (C) Each consideration of discipline, the employee shall be furnished notified that discipline is being considered and shall be provided with an explanation of the charges under consideration. The employee shall have the right to have a representative present during any investigatory questioning of the employee that might lead to disciplinary action. Unless unavailable, the employee should be scheduled for a private disciplinary session for the presentation of the charges under consideration. The employee and the Association shall be notified in writing forty-eight (48) hours prior to a discipline presentation and shall include notification to the employee of his or her right to have a representative of his/her choice present. The County agrees to provide the Association, at the time of the discipline presentation session, a copy of the Disciplinary Action Report and all supporting documentation. The parties agree to conduct disciplinary actions placed action sessions 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 professional manner. Any questions which the employee is being questioned relative to alleged misconduct may have should be answered. The response of the employee, including any explanation of the incident or during mitigating circumstances shall be noted. An employee shall have the right if desired, to respond orally and/or in writing, with both statements being factually the same and shall be given a predetermination conference in which suspension or dismissal minimum of seven (7) calendar days to prepare said response. This response must be presented before a discipline recommendation is made. After the recommendation is made, the employee’s response must be taken into consideration before a final determination is made. Neither formal nor informal counseling is considered to be disciplinary action. An employee being presented a formal counseling may request a representative. The County agrees to provide the Association, at the time of the formal counseling session, a copy of the Record of Counseling and all supporting documentation. An employee who receives a formal Record of Counseling will be permitted to attach a written rebuttal to the counseling form by submitting it within seven (7) calendar days from the receipt of the counseling. The formal record of counseling and rebuttal, if any, will be reviewed by the supervisor of the employee is who prepared the counseling, prior to it being considered. placed in the affected employee's personnel file. Upon request of the employee, a Record of Counseling form shall be marked “no longer in effect” after two (E2) Letters years of counseling good performance during which the employee has not been the subject of disciplinary action or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may further formal counseling. Written Reprimands shall be used by marked “no longer in effect” in the parties at an administrative hearing involving an employee’s discipline to demonstrate departmental personnel file, for Departments directly under the employee was on notice purview of the County Mayor, and not considered for progressive disciplinary action after two (2) years of good performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following from the date of receipt the final action of notice the Written Reprimand, during which an employee has not been the subject of progressive disciplinary action, further formal counseling or does not result from a final disciplinary action that was reduced from a suspension, demotion or termination via an appeal hearing. The parties agree that Section 2-47 of the DHSMVCode of Miami-Dade County will be the exclusive method of disciplinary action appeals. Exempt and non-permanent status employees shall not be entitled to appeal disciplinary actions. Nothing herein shall preclude the County from its existing right to suspend employees pursuant to the automatic suspension provisions of section 2-42(22) of the County Code. Further, nothing within this article alters the County’s right to relieve employees from duty with pay for reasons deemed by personal delivery the County to be in its best interest. The concerned Department Director or by certified maildesignee, return receipt requestedat its sole discretion, may offer to 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 notice to the Public Association the option of forfeiting accrued annual or holiday leave in lieu of serving a disciplinary suspension. Employees Relations Commission under selecting this option, that is authorized and approved by the provisions Department, shall waive their right to any appeal action of section 110.227(5the suspension. The documentation of the suspension will be a part of the employee's work record and remain in their personnel file. Employees receiving unauthorized absence (without discipline) shall have the right to appeal it to the Department Director or designee. The decision of the Department Director or designee is final and (6), F.S. In binding and shall not be grievable. A non-job basis employee who is required by their Department to attend a disciplinary proceeding will be compensated at the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, applicable rate of pay in accordance with the grievance provisions of this Agreement. 2. The concerned Department Director or designee may elect to relieve an employee from duty with pay pending the completion of an investigation or other administrative action. The employee in such cases may be subject to any of the following conditions: a) Emergency suspension in accordance with the provisions of Miami-Dade County Administrative Order #7-3. b) Relief from Duty with pay pending appropriate administrative action. c) Temporary reassignment of duties or transfer to another position within the department pending appropriate administrative action. d) Transferred to another position in lieu of or in conjunction with appropriate disciplinary action. e) Should disciplinary action be taken against an employee, the period of time an employee is relieved of duty without pay may be included in the final disciplinary action at the concerned department's or designee’s discretion. The aforementioned actions shall not be applicable to automatic suspensions imposed in accordance with the provisions of Section 2-42(22) of the Code of Miami-Dade County, or otherwise alter the provisions of Miami-Dade County Administrative Order #7-3 or the Miami- Dade County Personnel Rules. 3. The County will attempt to obtain the Hearing Examiner's recommendation within sixty (60) days of the Hearing Examiner's receipt of the transcript from the hearing. The County will not be held responsible for the failure of a Hearing Examiner to submit the appropriate recommendation to the County Mayor or Mayor’s designee. The Hearing Examiner's failure to comply with the provisions of Section 2-47 of the Code of Miami-Dade County shall not result in the employee's reinstatement, entitlement to any back pay, or otherwise invalidate the disciplinary action. 4. The County Mayor or Mayor’s designee will, upon receipt of the appropriate material from the Hearing Examiner, in cases of dismissal of a permanent employee, render a timely decision in accordance with the provisions of Section 2-47 of the Code of Miami-Dade County. Should the County Mayor or Mayor’s designee be unable to render a timely decision, the concerned employee or the Association may request reinstatement to the payroll, for administrative purposes only, pending the County Mayor or Mayor’s designee’s final decision. 5. The County Human Resources Director, in consultation with the Director of Labor Relations, shall be responsible for maintaining the Hearing panel of qualified Hearing Examiners and the Hearing Examiner Procedure Manual to be utilized in disciplinary appeal hearings conducted in accordance with Section 2-47 of the Code of Miami-Dade County. The County Human Resources Director shall make available to the Association upon request, the panel of Hearing Examiners. The Association may challenge for just cause, the utilization of a specific Hearing Examiner. The Human Resources Director shall review the Association's request and render a final and binding decision. Nothing contained herein shall otherwise modify or restrict the Human Resources Director's authority to administer the disciplinary appeal hearing system. 6. The parties shall not initiate any exparte communications with either the Hearing Examiner or the County Mayor or Mayor’s designee for the purpose of influencing the final appeal decision. The Hearing Examiner's recommendation and the County Mayor or Mayor’s designee's final decision is to be based upon the entire record of the appeal hearing. 7. The provisions of this Article are not applicable to exempt, probationary, part-time or other non-permanent employees. 8. The Association will have the option on behalf of a permanent status bargaining unit employee to appeal the disciplinary action of dismissals, suspensions and demotions by utilizing the arbitration procedure contained in Article 6 8 of this Agreement. The DHSMV may have special compensatory leave equal to Association shall notify the length Director of a disciplinary suspension deducted Labor Relations in writing no later than fourteen (14) calendar days from an the employee’s leave balance in lieu receipt of serving the suspension. An employee may indicate his preference as to disciplinary action of its decision on whether to serve exercise the suspension option of appealing through the arbitration procedure or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV request an appeal 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 accordance with Section 2-47 of the period will be leave without pay. Employees from whom leave is deducted will continue to report for dutyCode of Miami-Dade County. The employeeAssociation’s personnel file will reflect a disciplinary suspension regardless of whether choice between the employee serves arbitration procedure or the suspension or has leave deducted. (G) Oral reprimands are Code provision under Section 2-47, once made, shall not grievable. A written reprimand shall be subject to change. In the grievance case where the Association does not timely notify the County or chooses not to select the arbitration procedure, then the disciplinary appeal provisions under 2-47 of the Code of Miami-Dade County shall prevail and be utilized if a timely appeal is requested. In the event the Association selects the option to appeal a dismissal, demotion or suspension under the arbitration procedure in Article 6 if then the employee has attained permanent status in his current position; provisions of 2-47 of the decision is final and binding at Step 2Code will not be applicable.

Disciplinary Action. (A) An employee who has attained permanent status If a resident is failing to make satisfactory progress in his current position any aspect of the residency program or failing to comply with policies and expectations as outlined in the Baptist Health ▇▇▇▇▇ PGY1 Pharmacy Residency Manual and Training Agreement and/or Baptist Health Employee Handbook, disciplinary action may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access taken. Action will depend on the factors pertaining to the grievance procedure situation and will be determined by the RPD and/or RAC. Disciplinary action may include the following:  Verbal warning: Residents may be given verbal counseling by their preceptor(s) or RPD. Counseling shall entail suggestions for improvement in Article 6 when disciplined. (C) Each employee meeting expectations. This counseling shall be furnished documented in the resident’s personnel file by the RPD.  Written warning: If the resident continues to fail in their efforts to meet expectations, they may be given a copy warning in writing and will be counseled on the actions necessary to rectify the situation. The written warning will specify areas of all disciplinary actions concern about performance, how they can be corrected, and the time in which this correction should occur. The warning must be signed by the resident, RPD, the resident’s residency mentor, and Director of Pharmacy. The written warning will placed in his official the resident’s personnel file and may be shared with the RAC.  Probation: In the event that resident development or performance has been deemed inadequate and that continuation in the program is at risk, the resident may be placed on probationary status. An action plan to satisfactorily complete program requirements shall be permitted created in conjunction with the resident, RPD, and resident’s residency mentor. The action plan must be reviewed and approved by the RPD, RAC, and Pharmacy Management prior to respond thereto. (D) An employee implementation. The action plan must specify deficiencies, outline a detailed remedial plan, and provide a timeline for re-evaluation. At the end of this probationary period, the RPD, RAC, and Pharmacy Management will evaluate resident performance. If it is determined that the resident has not sufficiently corrected the identified deficiencies, the resident may request be dismissed from the program. If it is determined that the resident has sufficiently corrected the identified deficiencies, the resident will be notified in writing that the probationary status has been lifted.  Residents who do not satisfactorily complete the programs requirements due to poor performance will not be granted more than 12 months to complete the program. If a PBA Staff Representative resident does not satisfactorily complete the requirements due to an approved leave of absence, the resident may be present during any disciplinary investigation meeting granted extended time in which the employee is being questioned relative to alleged misconduct program. This will be at the discretion of the employeeRPD, or during a predetermination conference in which suspension or dismissal RAC, and Director of the employee is being consideredPharmacy; please see long term leave of absence section. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position Section 1. The University and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be disciplined necessary from time to time. In the case of an oral or written reprimand, such discipline shall not be subject to the formal process set forth in the Article, but shall be subject to less formal due process, and, in any event, all discipline shall be 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 just cause 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 Grievance and Arbitration procedures set forth in Article 6 if 12, supra. Section 2. When the employee University has attained permanent status reason to believe an incident(s) has occurred which might constitute grounds for discipline, other than an oral or written reprimand, it shall conduct an investigation pursuant to this Article. Section 3. If after such investigation the ▇▇▇▇▇▇▇ believes disciplinary action is warranted, discipline may be imposed on a bargaining unit faculty member for just cause. Engaging in his current position; conduct that constitutes just cause for discipline may lead to any one or more of the decision following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. In determining the level of disciplinary action to impose in any given situation, the University shall take into account the severity of the offense, prior disciplinary action, the bargaining unit member's improvement since the last disciplinary action was taken, and the bargaining unit member's overall employment record. Section 4. Prior to imposing disciplinary action, other than an oral or written reprimand, the department chair, ▇▇▇▇, or the ▇▇▇▇▇▇▇ will meet with the bargaining unit faculty member to discuss the charge(s) against the bargaining unit member, and provide the A. The bargaining unit faculty member shall be given the opportunity to be accompanied by an Akron-AAUP representative. B. At least ten (10) days prior to the meeting, the University shall notify both the bargaining unit faculty member and the Akron-AAUP in writing of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University shall provide the bargaining unit faculty member and the Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. C. If the matter is final not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and binding the Akron-AAUP shall be sent a written statement of the charges and the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) days of the meeting. Such statement will be signed by the administrator imposing discipline and initialed by the ▇▇▇▇▇▇▇. D. If discipline is imposed the University will disclose those identities which can be released legally. Section 5. A bargaining unit faculty member who disagrees with the disciplinary action that has been imposed may seek recourse through the Grievance and Arbitration Procedure. Section 6. Bargaining unit members alleged to have violated the University of Akron’s Interim Gender-Based Misconduct and Title IX Policy & Protocol (“Title IX Policy”) located at Step 2▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/title-ix/docs/title-ix-policy.pdf shall be subject to the applicable provisions of the Title IX Policy and the Memorandum of Understanding Regarding the New Title IX Regulations (“Title IX MOU”). Conflicts between this Article 14 and the Title IX Policy, the Title IX MOU or the Title IX Regulations shall be resolved in favor of the Title IX Policy, MOU or Regulations.

Disciplinary Action. (A) An employee who has attained permanent status 16.01 When disciplinary action is taken against an academic staff member, that academic staff member shall be informed 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 writing as to the grievance procedure in Article 6 when disciplined. (Creason(s) Each employee shall for such action. The academic staff member will be furnished provided with a copy of all written reprimands or written notices of other disciplinary actions placed in his official personnel file and action or correspondence pertaining to the conduct or performance of the academic staff member. 16.02 An academic staff member who is to be interviewed on any disciplinary action shall be permitted entitled to respond theretohave an Association Representative present at the interview. The Employer shall notify the staff member, in writing, of that right in advance of the meeting and copy the Association. 16.03 An academic staff member who has been subjected to disciplinary action, may after twenty four (D24) An employee may months of continuous service from the date the disciplinary action was invoked, request that a PBA Staff Representative the member’s personal file be present during purged of any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct record of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered.disciplinary action and if that action has not been taken it shall be deemed to have been purged provided that: (Ea) Letters the academic staff member's file does not contain any further record of counseling disciplinary action relating to the same or counseling notices are documentation of minor work deficiencies or conduct concerns similar offence during 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.twenty four (24) month period, (Fb) If filed within 21 calendar days following the disciplinary action is not the subject of an unresolved grievance, (c) the disciplinary action was five (5) or fewer working days’ suspension without pay. Disciplinary action greater than five working days’ suspension shall remain on the academic staff member’s file for forty- eight (48) months from the date of receipt disciplinary action. 16.04 Access to an academic staff member's personal file shall be provided to the academic staff member or the member’s authorized representative, upon request and within a reasonable time, once in every year and in the event of notice from a grievance or complaint. Upon request, the DHSMVacademic staff member shall be allowed to have an Association Representative present at the time of such examination. 16.05 The personal file referred to in this section is the personal file of an academic staff member maintained by the Employer. Except as provided hereinafter, by personal delivery or by certified mailthis file shall contain copies of all documentation pertaining to the academic staff member. No information pertaining to interview records, 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, demotionreference checks, or dismissal confidential information related to a diagnosis or prognosis concerning either academic staff member eligibility for Long Term Disability Insurance or of an academic staff member under the Employee Assistance Program shall be contained in this file. 16.06 When an academic staff member has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the personal file of the academic staff member shall be amended to reflect this action provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to the Public Employees Relations Commission under Arbitration Board, the provisions award 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 that Board 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 2upon the Employer and the academic staff member and the personal file of the academic staff member shall be amended to reflect that award. 16.07 An academic staff member may be disciplined or dismissed for just cause.

Disciplinary Action. (A) An 10.01 A Union representative will be present during all disciplinary actions. When an employee who has attained permanent status is called in his current position may for a disciplinary discussion by a member of supervision and the subject of the interview is discipline, the employee and Committeeperson will be disciplined only for causeso informed before the interview. (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 10.02 A copy of all written disciplinary actions placed in his official personnel file must be given to the employee concerned and to the Plant Chairperson. 10.03 When discipline is to be imposed by the Company, said discipline shall be permitted imposed within ten (10) working days of the infraction or from the time the Company became aware or ought to respond theretohave been aware of the infraction. When imposing discipline Saturdays, Sundays and holidays will count as working days if employee worked during said period. Prior to the issuance of any disciplinary notice, the matter will be discussed by the Company with a Committeeperson. 10.04 The Company will in the case of a suspension consider whether or not it is advisable to allow the employee to continue to work through any step of the grievance and arbitration procedures in order to allow the Union time to investigate the matter giving rise to the proposed suspension. The Company may in its sole discretion issue a notice of suspension without requiring the employee to serve all or part of the suspension. 10.05 The Company agrees to provide an opportunity to the Union Representative to have a meeting of reasonable duration with the employee after discipline is issued. This meeting should not exceed (D20) An twenty minutes with pay. 10.06 When a suspension, disciplinary layoff or discharge of an employee may request that is contemplated, the employee, along with a PBA Staff Representative Union Representative, where circumstances permit, will be present during any disciplinary investigation meeting in offered an interview to allow the employee to answer to the allegations for which such a discipline is being considered before the employee is being questioned relative required to alleged misconduct of leave the plant. 10.07 In imposing discipline on a current infraction, management will not take into account any prior infractions which occurred more than twelve (12) months previously. Unless the prior discipline is for a similar offence, in which case the original discipline will stay on the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. ’s record for eighteen (E18) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline months 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 account for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedpurposes. (G) Oral reprimands 10.08 All Company personnel located at and servicing the GM – St. Catharines facility are not grievablefurther bound to comply with all General Motors published policies on Health and Safety Regulations, GM Plant Rules, GM Codes of Conduct and any new plant requirements/rules that GM may publish from time to time for GM Staff, GM Employees, GM Suppliers and Sub- Contractors working on site at: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇.

Disciplinary Action. (A) 1. An employee who has attained permanent status in his current position may be disciplined only for just cause. 2. Whenever it is alleged that an employee has violated any rule, regulation, or policy that employee and the Union shall be notified as soon as possible, regarding the specific rule, regulation, or policy allegedly violated. The employee shall have the right to representation in discussions concerning actual or pending disciplinary action and shall receive a minimum of two (B2) working days notification prior to the scheduled session for disciplinary action presentation, upon notification, the employee shall be given seven (7) calendar days to provide a written statement regarding the alleged violation. 3. Upon request of the concerned employee, the County agrees to promptly furnish the Union a copy of any Disciplinary Action Report presented to an employee in this Bargaining Unit. The notice of disciplinary action shall contain allegations of specific personnel rules violated by the employee. 4. Any Performance Evaluation, Record of Counseling, Disciplinary Action Report, or document to which an employee is entitled shall not be part of the employee's official record until the employee has been offered or given a copy. The copy offered or given to the employee shall be in a paper form. 5. Discipline and/or counseling will normally be carried out in a manner which does not embarrass the employee. Neither formal nor informal counseling is considered to be disciplinary action. An employee being presented a formal counseling may request a representative. Both should be viewed as efforts to improve performance. 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 receives a copy formal Record of all disciplinary actions placed in his official personnel file and shall Counseling or a Disciplinary Action Report will be permitted to attach a written rebuttal to the counseling form or respond thereto. to the disciplinary charges, by submitting it within ten (D10) An employee may request that a PBA Staff Representative calendar days from the receipt of the counseling or disciplinary action report. The formal record of counseling or disciplinary action report and rebuttal, if any, will be present during any disciplinary investigation meeting in which reviewed by the supervisor of the employee is who prepared the counseling, prior to it being questioned relative to alleged misconduct placed in the affected employee’s personnel file. Upon request of the employee, or a Record of Counseling form shall be marked “no longer in effect” after two (2) years of good performance during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters has not been the subject of counseling or counseling notices are documentation disciplinary action of minor work deficiencies or conduct concerns that are further formal counseling. A Record of Counseling marked “no longer in effect” shall not discipline and are not grievable; however, such documentation may be used by the parties at an administrative County in any manner, including but not limited to progressive discipline promotion, transfer, or as evidence in a subsequent disciplinary hearing involving an employee’s discipline with the exception that a Record of Counseling that is marked “no longer in effect” may be used to demonstrate the that an employee was on had notice of the performance deficiencies or conduct concerns. rule that is set forth in that Record of Counseling if such a rule is the subject of a future disciplinary action. The two (F2) If filed within 21 calendar days following years considered herein shall run from the date of receipt issuance of notice the Record of Counseling. Written Reprimands shall be marked “no longer in effect” in the employee’s departmental personnel file and not considered for progressive disciplinary action after two (2) years of good performance from the DHSMVdate of the final action of the Written Reprimand, by personal delivery or by certified mail, return receipt requested, during which an employee has not been the subject of progressive disciplinary action, further formal counseling or does not result from a final disciplinary action that was reduced from a suspension, demotion or termination via an appeal hearing. 6. An employee who is absent without authorized leave for three (3) consecutive work days and is considered to have abandoned the position shall have a right to petition the Human Resources Department Director for a review of the facts in the case. The Human Resources Department Director shall rule as to whether the circumstances constitute abandonment of position. Only facts concerning the alleged abandonment shall be considered by the Human Resources Department Director. The Human Resources Department Director’s findings and rulings shall be in writing. The Human Resources Department Director's decision shall be final and binding. 7. The County shall cooperate in a reasonable manner to facilitate the Union's investigation by providing access to public records and documents related to disciplinary action in a timely fashion. Documents directly related to the Disciplinary Action Report (DAR) will be provided once at no cost to either the employee or the Union after the final action. 8. All disciplinary actions except reprimands will be appealable by the employee, as provided in Section 2.47 of the Miami-Dade County Code, to a Hearing Examiner. The County agrees to attempt to add to the Hearing Examiner's list, qualified attorneys with experience in labor relations matters. The Union may request in writing to the Human Resources Department Director that a specific Hearing Examiner be removed for cause from the roster of available Examiners. The Union will have the option on behalf of a permanent status in his current position may bargaining unit employee, to appeal a reduction in base pay, involuntary transfer the disciplinary action of over 50 miles by highway, suspensiondismissal, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) reduction in grade and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed suspension through the Arbitration Step without review at Step 3, in accordance with the grievance procedure contained in Article 6 8 of this Agreement. The DHSMV may have special compensatory leave equal Union shall notify the Director of Human Resources in writing no later than fourteen (14) calendar days from the employee’s receipt of the disciplinary action, of its decision on whether to exercise the length option of appealing through the grievance procedure or request an appeal in accordance with Section 2-47 of the Code of Metropolitan Miami-Dade County. The Union's choice between the grievance procedure or the Code provision under Section 2-47, once made, shall not be subject to change. In the case where the Union does not timely notify the County or chooses not to select the grievance procedure, then the disciplinary appeal provisions under 2-47 of the Code of Miami-Dade County shall prevail and be utilized if a timely appeal is requested. In the event the Union selects the option to appeal a disciplinary suspension deducted from action under the grievance procedure then the provisions of 2-47 of the Code will not be applicable. 9. The Department, at their sole discretion, may offer to an employee’s employee the option of forfeiting accrued annual or holiday leave balance in lieu of serving a disciplinary suspension. Employees selecting this option that is authorized by the Department shall waive their right to grieve or appeal the action of the suspension. An employee may indicate his preference as to whether to serve The documentation of the suspension or to have special compensatory leave deducted, which preference shall will 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 a part of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s 's work record and remain in their personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedfile. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 5.01 The following procedure will apply when a seniority employee is to be given a written reprimand, suspension or discharge: (A) An When the Company believes an offense has been committed that warrants a written reprimand, suspension or termination, the employee who has attained permanent status with a Union representative will be interviewed in his current position may be disciplined only for causean office and advised of the alleged offense within two (2) working days of the Company becoming aware of the infraction. This time limit will not apply in cases of absenteeism. (B) An Following a full investigation by both parties, to be completed within two (2) days of the employee who has not attained permanent status in his current position shall not have access being advised of the offense, unless a longer period is needed and mutually agreed upon, the employee and the Union will be advised of the penalty to the grievance procedure in Article 6 when disciplinedbe imposed. (C) Each When the union disagrees with the penalty stated above, a meeting may be requested with the employee, the chairperson or their designate, and the Manager of Human Resources or their designate to be held prior to the employee shall losing time because of the penalty to be furnished a copy imposed, to attempt to mitigate the discipline. After consideration of all the Union’s position, the Company will impose the disciplinary actions placed in his official personnel file and shall be permitted action they believe is appropriate under the circumstances. It is understood that Article (c) may not apply to respond theretowritten reprimands. (D) An If after Step (c) the Union still feels the issue has not been properly addressed, it shall be dealt with at Step 3 of the grievance procedure. (A) Article 5.01 shall not apply when the alleged violation may endanger the safety of the employee themself or other employees, or be of such a nature that it would be inadvisable to retain the employee (B) In such cases, the Company may request that immediately remove such employee from the premises. (A) The following special procedure shall be applicable to a PBA Staff Representative be grievance alleging improper discharge or suspension of an employee having seniority. They shall have the right to interview their committee person or ▇▇▇▇▇▇▇ in a suitable place for a reasonable period of time before leaving the plant premises. The discharged or suspended employee shall present during the grievance in writing, signed by them, to the Company management at any disciplinary investigation meeting in time within three normal working days next following the day on which the discharge or suspension takes place. The management will review the discharge or suspension with the discharged or suspended employee or with the discharged or suspended employee and committee and render its decision in writing within three (3) normal working days after said review. The consideration of their grievance may include not only the merits of the case, but also what, if any compensation shall be paid for the time lost in the event their reinstatement is being questioned relative agreed upon. The word “committee” as used in this paragraph shall mean the committee mentioned in Section 6.07 or a (A) A copy of all disciplinary notations will be given to alleged misconduct the employee (including probationary employees) and the Union and such notice will become part of the employee, or during ’s personnel record. If an employee has had 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 disciplinary notation placed on their record 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 has since the date of receipt that placement, been employed for a period of notice from the DHSMVtwelve (12 ) active months, 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(eighteen (18) and (6months for attendance disciplines), F.S. In the alternativewithout having further discipline notation placed on their record, such actions may it is understood that said discipline or any prior discipline shall not 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 deductedused against them. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status 26.01 Disciplinary action against bargaining unit members in his current position the form of termination, suspension without pay or disciplinary transfer or demotion shall be for the reasons set forth in O.R.C. 26.02 Before a member of the bargaining unit may be disciplined only suspended without pay, terminated, or transferred or reduced for causedisciplinary reasons, the following procedure shall be followed: A. The employee shall have the right to a preliminary hearing to be conducted by the Superintendent. This preliminary hearing shall be informal. The employee may be accompanied at the hearing by an Association representative. The employee shall have not less than two (2) work days’ notice of the time and place of the preliminary hearing. Said notice shall inform the employee of the nature of the charge(s) against him/her. Failure of the employee to attend at the time and place indicated in the notice shall be deemed to be a waiver by the employee of his/her right to such hearing. (B) An employee who has not attained permanent status in his current position shall not have access to B. At the grievance procedure in Article 6 when disciplined. (C) Each preliminary hearing, the employee shall be furnished a copy advised by the Superintendent of all disciplinary actions placed in his official personnel file the nature of the charges against him/her and shall be permitted given the opportunity to respond theretoby way of explanation or defense. (D) An C. Following this hearing, the Superintendent may conduct a further investigation concerning any matters which may have been raised during the hearing after which the Superintendent shall take such action or make such recommendation as s/he deems appropriate. The member shall be notified in writing of any action taken. D. If the Superintendent recommends a suspension, disciplinary transfer or demotion, or termination, such recommendation shall be presented to the Board of Education at its next regularly scheduled meeting or at a special meeting called for such purpose. The employee shall be given notice of the date, time and place of such Board meeting. The employee shall have the right to a hearing before the Board of Education and shall have the right to be represented by Association counsel. The Board of Education may request that be represented by counsel or other representative of its choosing: both parties may call witnesses who will be examined under oath and may be cross-examined; an audio or stenographic record of the proceedings will be made by the Board. The hearing before the Board shall be in executive session. The decision of the Board shall be in writing and shall be served on the member. E. The decision of the Board of Education may be appealed to binding arbitration under Article 5 beginning at Level Four. F. Any notices, copies of orders, or recommendations required by this Article to be served upon an employee shall be served in person and a PBA Staff Representative be present during any disciplinary investigation meeting copy served in which person or sent by certified mail to the Chapter President. In the event the employee is being questioned relative on sick leave or is absent without leave when service is attempted, then such service on the employee shall be by ordinary mail sent to alleged misconduct of the employee’s last address as shown on the Board’s records. In that event, service is deemed complete seventy-two (72) hours after mailing. 26.03 Except in those situations where the Superintendent deems it necessary and justifiable to proceed immediately with a recommendation for termination, suspension, 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 requesteddemotion, an employee with permanent status whose work or conduct is of such a character as to incur such discipline shall first be specifically warned in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles writing by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under Superintendent. Such warning shall state the provisions of section 110.227(5) and (6), F.S. In reasons underlying any intention 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 Superintendent may have special compensatory leave equal to the length of a recommending 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 deductedaction. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 13.01 Discipline shall mean any disciplinary action taken by the Employer against an employee which results in: (Aa) An written reprimand; (b) suspension; (c) discharge; (d) financial penalty. 13.02 No employee who has attained permanent status in his current position may completed her probationary period shall be disciplined only except for just cause. 13.03 Where an employee is disciplined, the Employer shall within ten (B10) An days of the disciplinary action, notify the employee who in writing by registered mail or by personal service. If the employee requests the reasons in writing for such discipline, she shall be advised in writing of the reasons, and a copy of the letter shall be forwarded to the Local. (a) Pending investigation of an incident an employee may be relieved of duties and required to leave the premises of the establishment in which she works during which time she shall continue to be paid. The Employer shall notify the employee of this action in writing and a copy of the letter shall be provided to the Union. Unless the investigation results in disciplinary action no record of the incident will be placed in the employee’s personnel file. (b) Whenever the Employer deems it necessary to discipline an employee, in a manner indicating that discharge may follow any repetition of the act complained of, or omission referred to, or if such employee fails to bring her work up to a required standard by a given date, the Employer shall within five (5) days thereafter give written particulars of such disciplinary action to the employee involved. The President of the Provincial Local will be informed of such disciplinary action. 13.05 Where an employee alleges that she has not attained permanent status been disciplined in his current position shall not have access to violation of clause 13.02, she may within ten (10) days of the date she was notified in writing or within twenty (20) days of the date of the disciplinary action, whichever is later, invoke the grievance procedure including adjudication as set out in Article 6 when disciplinedthis Agreement. For the purposes of a grievance alleging violation of clause 13.02 she shall lodge her grievance at the final level of the grievance procedure except in the case of reprimand in which case she shall lodge her grievance at the First Level. (C) Each 13.06 Where it is determined that an employee has been disciplined in violation of Clause 13.02, that employee shall be furnished immediately reinstated in her former position without loss of seniority or any other benefit which would have accrued to her if she had not been disciplined. One of the benefits which she shall not lose is her regular pay during the disciplinary period and it shall be paid to her at the end of the next complete pay period following her reinstatement. If such discipline consisted of a written reprimand, such letters shall be removed from the employee's personal file. 13.07 Nothing in this Article prevents the Employer from disciplining an employee for just cause without prior notice and with payment only up to and including the last day worked. 13.08 The employer agrees not to introduce as evidence in an adjudication hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware fourteen (14) working days prior to the time of said hearing. 13.09 A record of disciplinary action shall be removed from the file of an employee after the expiration of a period of eighteen (18) months after the disciplinary action has been taken, providing no other instance of a similar infraction in respect of the employee has been recorded during that period. 13.10 Upon request, an employee shall be given an opportunity to read and make a copy of all any document in her personal file relating to disciplinary actions action taken against her. The Employee shall, if she so requests, be accompanied by a local representative if a local representative has previously been named for that work site. 13.11 Where a written reprimand is placed in his official personnel file against the record of an employee, one (1) copy shall be initialed by the employee as the Employer's receipt and shall be permitted placed in the employee's personal file and the original shall be given to respond theretothe employee. (D) An 13.12 Where a meeting is to be held with an employee may request for the purpose of disciplining that a PBA Staff Representative be present during any disciplinary investigation meeting in which employee as per Article 13.01, the employee shall be notified in advance so that she may have an opportunity to invite a Union representative to attend the meeting. It is being questioned relative understood that this article is not intended to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being consideredcover issues such as evaluation discussions. (E) Letters 13.13 Articles 13.01 to 13.12 do not apply to casual employees with less than 6 continuous months of counseling or counseling notices are documentation service. Given the temporary, sporadic nature of minor work deficiencies or conduct concerns that are not discipline and are not grievable; howeveremployment for casual employees, such documentation the Employer may be used by terminate the parties employment without just cause 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 3any time. Further, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal Civil Service Act, a person who is appointed on a temporary or casual basis ceases to be employed at 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 expiration 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 temporary or has leave deductedcasual employment. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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 Discipline is intended 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, provide an employee with permanent status an additional chance to improve the behavior in his current position may appeal question before adverse actions are taken. As 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 sign of the period will be leave without payincreasing seriousness of the action, this documentation is filed and retained in the employees official personnel file. Employees from whom leave • Written Reprimand: A written reprimand is deducted will continue to report for duty. The employee’s personnel file will reflect more serious than a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievablewarning. A written reprimand will be given when an employee engages in conduct that justifies a more formal level of response or the employee engages in unacceptable behavior for which a written warning has already been received. The employee will be given an explanation of the action and corrective action required, an opportunity to explain, and notification that further offenses will result in more serious consequences. Documentation of the written reprimand shall be made on the Employee Counseling Report (available on the District Intranet). One copy will be given to the employee, one copy shall be retained by the supervisor and one copy will be placed in the employee's personnel file. A written reprimand becomes a permanent record in the employee's personnel file. • Unpaid Suspension/Demotion/Reduction in Pay: Suspensions, demotions or temporary reductions in pay are issued when it is determined that an employee has continued to engage in unacceptable behavior after repeated notifications by the District that the behavior needed to improve, or that an initial incident is too severe for lesser level of discipline yet not sufficiently severe for termination. All three types of actions are considered in light of the facts of each situation when determining the appropriate course of discipline. The terms of the unpaid suspension or demotion or reduction in pay will be set according to the severity of the offense or deficiency at the determination of the Department Head and/or General Manager. The employee will be given written notice of the proposed suspension, demotion or reduction in pay (see Notice of Proposed Adverse Action). Copies of all documentation, including the Employee Counseling Report, will be placed in the employee's personnel file once all due process appeals are complete. • Termination: As the final step of the disciplinary process, termination of the employee will occur when an employee fails to correct work performance or behavior issues identified in previous steps of discipline. In addition, termination may immediately occur when an employee engages in severe offenses. For example, employees who engage in workplace violence or harassment, or who use alcohol or illegal drugs during their shift may be subject to termination without warning or suspension even if this is their first offense. The employee will be given written notice of the grievance procedure proposed termination (see Notice of Proposed Adverse Action). Copies of all documentation, including the Employee Counseling Report, will be placed in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2employee's personnel file once all due process appeals are complete.

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 Union recognizes 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 authority 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 responsibility of the employeeEmployer to take timely, or during a predetermination conference and reasonable disciplinary action against employees for just cause. Discipline will normally be progressive 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 grievablenature; however, such documentation may the Employer shall have the right to invoke a penalty which is appropriate to the seriousness of an individual incident or situation. For purposes of this Article, disciplinary action, or investigation to determine whether disciplinary action should 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 taken, is timely only when commenced within 21 calendar days following the date on which the Employer had reasonable basis to believe that such action or investigation should be taken. Disciplinary action includes: written reprimand; involuntary demotions; suspension without pay; forfeiture 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 accrued annual leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving suspension; payment of fines in lieu of suspension; unsatisfactory or follow-up interim rating and discharge. The suspension without pay of a probationary employee during or at the suspensionend of the pay period in which the initial probationary period expires, pending separation for unsatisfactory service, as well as the separation itself in such circumstances, shall not be considered disciplinary action for purposes of this Article. An A demotion will not be considered disciplinary action if it is a result of a status employee may indicate his preference as failing to whether to serve satisfactorily complete a required probationary period upon promotion or transfer; in conjunction with the suspension layoff or to have special compensatory leave deducted, which preference shall be taken into consideration by "bump" of the DHSMV in making its decision. If employee; or the voluntary or required transfer or reassignment of the employee does not have sufficient special compensatory leaveto a position allocated at a lower level, annual leave may be deductedif voluntary, or required by Civil Service merit-based rules, if unaccompanied by disciplinary action of some other kind. If there is not sufficient special compensatory or annual leave, the remainder of the period will be Placing an employee on "lost time" (leave without pay) for the period of an employee's unauthorized absence from work shall not be considered disciplinary action. 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 However, if the employee has attained permanent status requested authorization to use accrued leave credits for such time and it is denied, the denial shall not be exempt from the scope of the grievance procedure solely on the basis that the denial is not disciplinary action. The decision whether to offer an employee the option to forfeit accrued annual leave, or assess the suspension, shall be in his current position; the decision sole discretion of the Employer, and is final not grievable. Just cause for disciplinary action will include, but not be limited to: a. Failure to carry out assigned duties and binding at Step 2responsibilities required by the Employer; b. Conduct unbecoming a state employee; c. Unsatisfactory service; d. Violation of Employer work rules, policies, regulations or directives pertaining to performance, conduct or safety.

Disciplinary Action. A. Permanent employees are subject to discipline only for just cause. All disciplinary actions will normally be based on the contents of the employee’s official personnel file except that there shall be no requirement that employee counseling documentation (Ae.g., supervisor notes regarding discussions or meetings with an employee about performance issues or other problems) An employee who has attained permanent status be included in his current position said file. This does not, however, preclude an appointing authority from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. Performance deficiencies documented in the employee’s performance evaluation may be disciplined the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Progressive discipline will be used, with the disciplinary action taken being dependent upon the severity of the incident on which the disciplinary action is based. The severity of the incident, however, can result in the immediate termination of an employee even though there has not been any prior disciplinary action taken against that employee. The written notice of discipline will inform the MEA employee that he/she has the right to consult MEA with regard to the disciplinary action being taken. Disciplinary action based on employee misconduct shall be initiated within one year from the date the appointing authority had knowledge of the incident, except in instances when an investigation is ongoing and the employee has been notified of the investigation. B. The following procedures govern meetings between MEA- represented employees and the Police Department Internal Affairs Division. These procedures only for causeapply where the allegations pertaining to the MEA employee are of a non-criminal nature. Allegations pertaining to the MEA employee that involve a criminal matter shall be governed by the procedure used by Internal Affairs to investigate criminal matters. (B1) An Any time Internal Affairs requests to meet with the employee who has not attained permanent status in his current position the MEA bargaining unit, the employee shall not be informed of his/her right to have access an MEA representative present and, if the employee elects to be represented by MEA, he/she shall be provided with a reasonable amount of time to obtain such representation. The employee’s MEA representative may participate in the interview of the employee by Internal Affairs. The MEA representative can advise the MEA employee and provide any information that he/she believes to be relevant to the grievance procedure in Article 6 when disciplinedmatter being investigated by Internal Affairs. The MEA employee will be entitled to make any statement for the record which he/she believes to be appropriate. All records pertaining to the subject of the interview will be provided to the employee upon request. (C2) Each If Internal Affairs audio and/or video tapes the interview of the MEA employee, the entire interview will be taped. The MEA employee shall be furnished and/or his/her representative may also tape the interview or may request that Internal Affairs provide the MEA employee with a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretothe interview tape. (D3) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the No MEA employee is being questioned relative subject to alleged misconduct of an involuntary polygraph examination. If the MEA employee agrees to a polygraph examination, a written consent form containing the employee, or during a predetermination conference in which suspension or dismissal of ’s signature will be required. The consent form will also clearly state 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 right 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 decisionMEA representation. If the employee does not have sufficient special compensatory leaveelects to be represented by MEA, annual leave may he/she shall be deductedprovided with a reasonable amount of time to obtain such representation. If there is not sufficient special compensatory or annual leaveHowever, the remainder MEA representative will not be allowed to be present in the examination room during the actual administration of the period will polygraph examination. At the written request of the MEA employee, a copy of the polygraph examination results, along with any written report regarding the results of the examination, shall be leave without pay. Employees from whom leave is deducted will continue provided to report for duty. The the MEA 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 C. Last chance agreements in lieu of disciplinary action will only be subject to the grievance procedure used in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2substance abuse cases.

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

Disciplinary Action. 20.01 The procedure in disciplining an employee shall be: (Aa) An Warn the employee who has attained permanent status in his current position may be disciplined only for causewriting of the offence, copy of letter provided to the Union. (Bb) An employee who has Any further offence calls for a possible suspension, the length of the suspension to be at Management’s discretion, but not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplinedexceed one (1) week. (Cc) Each Any offence after suspension, employee shall to be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretoterminated. (D) 20.02 The above not applicable to the following: Intoxication, theft, altercation on site, unauthorized photography on site, or like offenses. 20.03 An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which dismissed for just cause on the employee is being questioned relative to alleged misconduct authority of the employee, employer or during a predetermination conference in which suspension or dismissal his authorized representative on the job. Such employee and his Job ▇▇▇▇▇▇▇ shall be advised promptly by the employer of the employee is being consideredcause for dismissal. This clause does not supersede the scheme set out in 20.01 and 20.02 above. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are 20.04 When an employee has been discharged for cause by an employer and not discipline and are not grievable; howeverreinstated through the grievance procedure, such documentation may employer shall have the right to refuse to re- employ such employee. 20.05 Use of cell phones/blackberries/smart phones/etc. will not be used permitted by employees onsite during working hours, except as explicitly authorized 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 employer. Violations 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 article shall be subject to the grievance procedure above disciplinary scheme. Article 12.05 shall not apply to stewards and foremen using cell phones in Article 6 if the employee has attained permanent status in his current position; course of their duties. Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (Specify) Was the decision is final Union ▇▇▇▇▇▇▇/Suitable Witness present during the discussion of this incident? Yes: No: Name of ▇▇▇▇▇▇▇: ACTION TAKEN: EFFECTIVE: Warning Date: Time Off Duration: Discharge Date: SIGNATURES I have read and binding at Step 2.understand this Discipline Notice. Employee’s Signature Date Supervisor’s Signature Date ▇▇▇▇▇▇▇’▇ Signature Date Project Manager’s Signature Date

Disciplinary Action. (A) An 1. The County may discipline or discharge classified employees for just cause in accordance with applicable sections of the Miami-Dade County Code, Personnel Rules and Administrative Orders, specifically including Administrative Order 7-3, Disciplinary Action, appended hereto. Whenever it is alleged that an employee who has attained permanent status violated any rule, regulation, or policy, or has acted 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 such manner that would warrant the grievance procedure in Article 6 when disciplined. (C) Each consideration of discipline, the employee shall be furnished notified that discipline is being considered and shall be provided with an explanation of the charges under consideration. The employee shall have the right to have a representative present during any investigatory questioning of the employee that might lead to disciplinary action. Unless unavailable, the employee should be scheduled for a private disciplinary session for the presentation of the charges under consideration. The employee and the Association shall be notified in writing forty-eight (48) hours prior to a discipline presentation and shall include notification to the employee of his or her right to have a representative of his/her choice present. The County agrees to provide the Association, at the time of the discipline presentation session, a copy of the Disciplinary Action Report and all supporting documentation. The parties agree to conduct disciplinary actions placed action sessions 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 professional manner. Any questions which the employee is being questioned relative to alleged misconduct may have should be answered. The response of the employee, including any explanation of the incident or during mitigating circumstances shall be noted. An employee shall have the right if desired, to respond orally and/or in writing, with both statements being factually the same, and shall be given a predetermination conference in which suspension or dismissal minimum of seven (7) calendar days to prepare said response. This response must be presented before a discipline recommendation is made. After the recommendation is made, the employee’s response must be taken into consideration before a final determination is made. Neither formal nor informal counseling is considered to be disciplinary action. An employee being presented a formal counseling may request a representative. The County agrees to provide the Association, at the time of the formal counseling session, a copy of the Record of Counseling and all supporting documentation. An employee who receives a formal record of counseling will be permitted to attach a written rebuttal to the counseling form by submitting it within seven (7) calendar days from the receipt of the counseling. The formal record of counseling and rebuttal, if any, will be reviewed by the supervisor of the employee is who prepared the counseling, prior to it being considered. placed in the affected employee's personnel file. Upon request of the employee, a Record of Counseling form shall be marked “no longer in effect” after two (E2) Letters years of counseling good performance during which the employee has not been the subject of disciplinary action or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may further formal counseling. Written Reprimands shall be used by marked “no longer in effect” in the parties at an administrative hearing involving an employee’s discipline to demonstrate departmental personnel file, for Departments directly under the employee was on notice purview of the County Mayor, and not considered for progressive disciplinary action after two (2) years of good performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following from the date of receipt the final action of notice the Written Reprimand, during which an employee has not been the subject of progressive disciplinary action, further formal counseling or does not result from a final disciplinary action that was reduced from a suspension, demotion or termination via an appeal hearing. The parties agree that Section 2-47 of the DHSMVCode of Miami-Dade County will be the exclusive method of disciplinary action appeals. Exempt and non-permanent status employees shall not be entitled to appeal disciplinary actions. Nothing herein shall preclude the County from its existing right to suspend employees pursuant to the automatic suspension provisions of section 2-42(22) of the County Code. Further, nothing within this article alters the County’s right to relieve employees from duty with pay for reasons deemed by personal delivery the County to be in its best interest. The concerned Department Director or by certified maildesignee, return receipt requestedat its sole discretion, may offer to 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 notice to the Public Association the option of forfeiting accrued annual or holiday leave in lieu of serving a disciplinary suspension. Employees Relations Commission under selecting this option, that is authorized and approved by the provisions Department, shall waive their right to any appeal action of section 110.227(5the suspension. The documentation of the suspension will be a part of the employee's work record and remain in their personnel file. Employees receiving unauthorized absence (without discipline) shall have the right to appeal it to the Department Director or designee. The decision of the Department Director or designee is final and (6), F.S. In binding and shall not be grievable. A non-job basis employee who is required by their Department to attend a disciplinary proceeding will be compensated at the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, applicable rate of pay in accordance with the grievance provisions of this Agreement. 2. The concerned Department Director or designee may elect to relieve an employee from duty with pay pending the completion of an investigation or other administrative action. The employee in such cases may be subject to any of the following conditions: 1. Emergency suspension in accordance with the provisions of Miami-Dade County Administrative Order #7-3. 2. Relief from Duty with pay pending appropriate administrative action. 3. Temporary reassignment of duties or transfer to another position within the department pending appropriate administrative action. 4. Transferred to another position in lieu of or in conjunction with appropriate disciplinary action. 5. Should disciplinary action be taken against an employee, the period of time an employee is relieved of duty without pay may be included in the final disciplinary action at the concerned department's or designee’s discretion. The aforementioned actions shall not be applicable to automatic suspensions imposed in accordance with the provisions of Section 2-42(22) of the Code of Miami-Dade County, or otherwise alter the provisions of Miami-Dade County Administrative Order #7-3 or the Miami- Dade County Personnel Rules. 3. The County will attempt to obtain the Hearing Examiner's recommendation within sixty (60) days of the Hearing Examiner's receipt of the transcript from the hearing. The County will not be held responsible for the failure of a Hearing Examiner to submit the appropriate recommendation to the County Mayor or Mayor’s designee. The Hearing Examiner's failure to comply with the provisions of Section 2-47 of the Code of Miami-Dade County shall not result in the employee's reinstatement, entitlement to any back pay, or otherwise invalidate the disciplinary action. 4. The County Mayor or Mayor’s designee will, upon receipt of the appropriate material from the Hearing Examiner, in cases of dismissal of a permanent employee, render a timely decision in accordance with the provisions of Section 2-47 of the Code of Miami-Dade County. Should the County Mayor or Mayor’s designee be unable to render a timely decision, the concerned employee or the Association may request reinstatement to the payroll, for administrative purposes only, pending the County Mayor or Mayor’s designee’s final decision. 5. The County Human Resources Director, in consultation with the Director of Labor Relations, shall be responsible for maintaining the Hearing panel of qualified Hearing Examiners and the Hearing Examiner Procedure Manual to be utilized in disciplinary appeal hearings conducted in accordance with Section 2-47 of the Code of Miami-Dade County. The County Human Resources Director shall make available to the Association upon request, the panel of Hearing Examiners. The Association may challenge for just cause, the utilization of a specific Hearing Examiner. The Human Resources Director shall review the Association's request and render a final and binding decision. Nothing contained herein shall otherwise modify or restrict the Human Resources Director's, authority to administer the disciplinary appeal hearing system. 6. The parties shall not initiate any exparte communications with either the Hearing Examiner or the County Mayor or Mayor’s designee for the purpose of influencing the final appeal decision. The Hearing Examiner's recommendation and the County Mayor or Mayor’s designee's final decision is to be based upon the entire record of the appeal hearing. 7. The provisions of this Article are not applicable to exempt, probationary, part-time or other non-permanent employees. 8. The Association will have the option on behalf of a permanent status bargaining unit employee, to appeal the disciplinary action of dismissals, suspensions and demotions by utilizing the arbitration procedure contained in Article 6 8 of this Agreement. The DHSMV may have special compensatory leave equal to Association shall notify the length Director of a disciplinary suspension deducted Labor Relations in writing no later than fourteen (14) calendar days from an the employee’s leave balance in lieu receipt of serving the suspension. An employee may indicate his preference as to disciplinary action of its decision on whether to serve exercise the suspension option of appealing through the arbitration procedure or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV request an appeal 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 accordance with Section 2-47 of the period will be leave without pay. Employees from whom leave is deducted will continue to report for dutyCode of Miami-Dade County. The employeeAssociation’s personnel file will reflect a disciplinary suspension regardless of whether choice between the employee serves arbitration procedure or the suspension or has leave deducted. (G) Oral reprimands are Code provision under Section 2-47, once made, shall not grievable. A written reprimand shall be subject to change. In the grievance case where the Association does not timely notify the County or chooses not to select the arbitration procedure, then the disciplinary appeal provisions under 2-47 of the Code of Miami-Dade County shall prevail and be utilized if a timely appeal is requested. In the event the Association selects the option to appeal a dismissal, demotion or suspension under the arbitration procedure in Article 6 if then the employee has attained permanent status in his current position; provisions of 2-47 of the decision is final and binding at Step 2Code will not be applicable.

Disciplinary Action. (A) An 20.01 When the conduct or performance of an employee who has attained permanent status in his current position may calls for a demerit slip to be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to issued by the grievance procedure in Article 6 when disciplined. (C) Each employee Company, such demerit slip shall be furnished in writing, and a copy of all disciplinary actions placed in his official personnel file and the demerit slip will be delivered immediately to the Plant Chairperson. A committeeperson 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 action. 20.02 Demerit slips shall be given to the employee is being questioned relative to alleged misconduct in writing and in the presence 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 committeeperson. Demerit points and are not grievable; however, such documentation may disciplinary action shall 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 guidelines for breaches of the rules and regulations specified in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of Schedule “B” attached hereto and made a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. part hereof. 20.03 An employee may indicate his preference as to whether to serve be suspended or discharged for just cause by the Company. Within five (5) working days following the suspension or discharge, the employee involved, provided he/she has completed his/her probationary period, may, together with his/her committeeman, interview the Company concerning the reason leading to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decisionsuspension or discharge. If the employee does matter is not have sufficient settled at the interview, the Company shall give its written decision within three (3) working days after the interview. Within five (5) working days after the Company has given its written decision, the Union may submit the matter as a special compensatory leavegrievance, annual leave may be deductedand the Company shall deliver its reply in writing within two (2) working days. If there the Union is not sufficient satisfied with the Company’s reply, it may submit the special compensatory or annual leave, grievance to arbitration provided notice of desire to submit the remainder same to arbitration is given in writing to the Company within two (2) working days of the period will be leave without payreceipt of the Company’s reply. 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 Thereafter the employee serves the suspension or has leave deductedparties shall proceed as provided in Articles 22.03, 22.04 and 22.05. (G) Oral reprimands are not grievable. A written reprimand 20.04 When an employee has been dismissed or suspended, he shall be subject advised that he may interview his committeeman in private for a reasonable length of time before leaving the plant premises. 20.05 When a demerit slip is issued against an employee, such demerit slip will remain against the record of an employee for a period of twelve (12) months, and such demerit slip will then be removed from his record. When a suspension has been issued against an employee, such suspension will remain against the record of an employee for a period of fifteen (15) months, and such suspension will then be removed from his record. When a demerit slip is issued against an employee due to an injury or a near miss safety infraction, such demerit slip will remain against the grievance procedure in Article 6 if the record of an employee has attained permanent status in his current position; the decision is final and binding at Step 2.for a period of eighteen

Disciplinary Action. (A) An employee who has attained permanent status in his current position may 10.1 All disciplinary action leveled at employees, and all suspensions, demotions, and discharges of employees, shall be disciplined only for causejust and sufficient cause only. (B) An 10.2 When any disciplinary action is to be implemented, the appointing authority shall, before or at the time such action is taken, notify the employee who and the Union in writing of the specific reasons for such action. 10.3 At the request of the Union, grievances involving disciplinary action, suspension, discharge, or demotion shall be given priority over all other grievances then being processed. 10.4 In the event that any employee is dismissed, demoted, or suspended and such employee appeal such action and his appeal is sustained, he shall be restored to his former position and compensated at his regular rate for any time lost during the period of such dismissal, demotion, suspension or disciplinary action. 10.5 If the appointing authority or his designee has reason to reprimand an employee, it shall be done in a manner that will not attained permanent status in his current position embarrass the employee before other employees or the general public. Initial minor infractions, irregularities, or deficiencies shall not have access be privately brought to the grievance procedure in Article 6 when disciplined. attention of the employee. After a period of one (C1) Each year, if the employee had not committed any further infractions of appropriate rules and/or regulations, all written reprimands shall be furnished a copy of all disciplinary actions placed in his official expunged from the employee's personnel file records, and shall be permitted to respond thereto. . Oral reprimands to be removed after six (D6) An employee may request that a PBA Staff Representative months. The contents of an employee's personnel record shall be present during any disciplinary investigation meeting in which disclosed to the employee is being questioned upon his/her request and with the employee's permission shall also be disclosed to the employee union representative. The State agrees that there shall be one official personnel file, which shall be kept by the Human Resources Office. No material derogatory to an employee's conduct, service, character, or personality will be placed in his/her personnel file, unless he/she has had an opportunity to review the material. The employee shall acknowledge his/her review of the material by signing the actual copy to be filed with the understanding that such signature signifies only that he/she has read the material and that such signature does not indicate agreement with contents of the material. When an employee wishes to review his/her personnel file, the employee shall submit a request in writing and schedule a mutually acceptable appointment with the Human Resources Office. The employee, if he/she so wishes, may have a union representative present. The State shall allow each employee in the bargaining unit the right, upon request, to review the contents of their personnel file. Material including references obtained 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 initial appointment shall be considered confidential and not subject to demonstrate review by the employee was on notice employee. Disciplinary action may include any of the performance deficiencies or conduct concerns.following, where appropriate: (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 1. Oral Reprimand 2. Written Reprimand 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 suspensionSuspension 4. 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.Discharge

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 susp ension 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 employeeemp loyee’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 (6and(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 servingthe 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 hasattained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 13.1 The right of the Employer to discipline employees for proper cause is hereby recognized. Such discipline may take the form of an oral warning, a written warning , and a suspension without pay or discharge; depending on the seriousness of the offense and the facts and circumstances involved in each case. Within 5 working days (AMonday thru Friday) An of becoming aware of an act or omission related to performance and within 10 calendar days of becoming aware of an act or omission related to attendance for which discipline may occur, the employer will notify the employee who has attained permanent status in his current position that a potential disciplinary action 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 occur. Any discipline imposed upon an employee shall be furnished done in a copy manner that will not embarrass the employee. 13.2 In the event the Employer suspends any employee, the Employer shall notify the employee's Chief ▇▇▇▇▇▇▇ or Business Representative as soon as practicable, but no later than the close of all disciplinary actions placed in his official personnel file the next business day, and review the reason(s) for the suspension. 13.3 Prior to the discharge of an employee, the employer shall notify the Chief ▇▇▇▇▇▇▇ or Business Representative of the contemplated action and meet with him/her to provide the reason. The Union Representative shall be permitted given the opportunity to respond theretoto the charges. (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 13.4 Consistent with the grievance procedure in Article 6 tenets of this Agreement. The DHSMV may have special compensatory leave equal corrective and progressive discipline, Heddington Oaks employees are expected to be aware of, and follow all applicable Federal, State and local Rules and Regulations governing the length operations 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 deductedLong Term Care Facilities, 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 and 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 disciplinary action where they fail to follow them. The Employer will endeavor to provide employees with orientation through continual in- service training with respect to all applicable Federal, State, and local Rules and Regulations governing the grievance procedure in Article 6 if operations of Long term Care Facilities. 13.5 Oral and/or written reprimands or other disciplinary measures will not be used as a basis for additional progressive disciplinary actions after 15 months so long as no further oral or written reprimands or other disciplinary measures occurred during this 15 month period. 13.6 The Employer and the employee has attained permanent status in his current position; the decision Union agree that discipline shall be administered according to a two (2) track system. One (1) track is final for attendance tardiness and binding at Step 2one (I ) track is for performance.

Disciplinary Action. Section 7.01 A non-probationary employee who is suspended, reduced or discharged, shall be given a written notice of such suspension, reduction or discharge, with one (A1) An copy being given to the Part-time F.F.'s, stating the reason for the suspension, reduction or discharge within forty-eight (48) hours (Saturdays, Sundays, and holidays excepted) from the date of the action. Any non-probationary employee shall be informed of and granted the right, if requested, to have a representative present when notified of his suspension, reduction or dismissal. Not withstanding provisions found in Article 5 Probationary Period or Article 7 Disciplinary Action, the Employer shall have the undisputed management right to terminate an employee who has attained permanent status completed three (3) years of service but has failed to achieve required skills and certifications set out in his current position the Mentor on the Lake, Fire Department, Standard Operation Policies. Such three (3) year period may be disciplined only for causeextended at the discretion of the Fire Chief. Section 7.02 Any non-probationary employee, who is suspended, reduced or discharged, shall be able to appeal such disciplinary action through only the Grievance and Arbitration procedures herein contained. All such appeals must be filed within five (B5) An days from the date the employee who has not attained permanent status in his current position shall not have access to receives written notice of such action at step 3 of the grievance procedure in Article 6 when disciplinedprocedure. (C) Each Section 7.02.1 In such cases where the Employer proposes disciplinary action of suspension, reduction or discharge, an employee shall be furnished offered a copy pre-disciplinary hearing before a detached hearing officer assigned by the Safety Director. Section 7.02.2 In such cases, the employee shall receive advance notice of all the charges, proposed action, date, place and time of the pre-disciplinary actions placed in his official personnel file and hearing. The notice shall also advise that the employee will be permitted to respond thereto. (D) An employee may request that present evidence in his/her own behalf in the form of documentation and/or witnesses and the right to have representation of their choice. Failure to appear at the pre-disciplinary hearing will result in a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct waiver of the employee, or during ’s right to a predetermination conference in which suspension or dismissal of the employee is being consideredhearing. (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 Section 7.03 A failure to submit an appeal within the above time limit shall be used construed as an agreement to the disciplinary action by the parties at an administrative hearing involving an employee’s discipline to demonstrate the affected employee was on notice of the performance deficiencies or conduct concernsand Association. All subsequent appeal rights shall be deemed waived. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMVSection 7.04 Disciplinary action or measures may include, 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 rules and regulations of the employee has attained permanent status in his current position; City of Mentor- on-the-Lake with the decision is final tenants of progressive and binding at Step 2.corrective discipline, where appropriate, any of the following: A. Oral Reprimand

Disciplinary Action. (A) An employee who has attained permanent status If a resident is failing to make satisfactory progress in his current position any aspect of the residency program or failing to comply with policies and expectations as outlined in the Baptist Health ▇▇▇▇▇ PGY1 Pharmacy Residency Manual and Training Agreement and/or Baptist Health Employee Handbook, disciplinary action may be disciplined only taken. Action will depend on the factors pertaining to the situation and will be determined by the RPD and/or RAC. Disciplinary action may include the following: • Verbal warning: Residents may be given verbal counseling by their preceptor(s) or RPD. Counseling shall entail suggestions for cause. (B) improvement in meeting expectations. It is recommended that preceptors document this counseling in PharmAcademic, e.g. via MidPoint resident self-assessment comments, summative evaluations, or on-demand feedback. • Written warning: If the resident continues to fail in their efforts to meet expectations, they may be given a warning in writing and will be counseled on the actions necessary to rectify the situation. The written warning will specify areas of concern about performance, how they can be corrected, and the time in which this correction should occur. This will be documented by the RPD in PharmAcademic, requiring co-signature from the resident. The Operations Manager or Director of Pharmacy will also document the warning in the facility’s personnel management software. • Performance Improvement Plan: In the event that resident development or performance has been deemed inadequate and that continuation in the program is at risk, the resident may be placed on a Performance Improvement Plan. An employee who action plan to satisfactorily complete program requirements shall be created in conjunction with the resident, RPD, and resident’s residency mentor. The action plan must be reviewed and approved by the RPD, resident’s mentorand Pharmacy Management prior to implementation. The action plan will be documented in both PharmAcademic and the facility’s personnel management software. The action plan must specify deficiencies, outline a detailed remedial plan, and provide a timeline for re-evaluation. At the end of this pre-specified time period, the RPD, resident’s mentor, and Pharmacy Management will evaluate resident performance. If it is determined that the resident has not attained permanent status in his current position shall not have access to sufficiently corrected the grievance procedure in Article 6 when disciplined. (C) Each employee shall identified deficiencies, the resident may be furnished a copy of all disciplinary actions placed in his official personnel file dismissed from the program. If it is determined that the resident has sufficiently corrected the identified deficiencies, the resident will be notified 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 successful completion of the employeePerformance Improvement Plan will be documented in the facility’s personnel management software. • Residents who do not satisfactorily complete the programs requirements due to poor performance will not be granted more than 12 months to complete the program. If a resident does not satisfactorily complete the requirements due to an approved leave of absence, or during a predetermination conference the resident may be granted extended time in which suspension or dismissal the program. This will be at the discretion of the employee is being consideredRPD, RAC, and Director of Pharmacy; please see long term leave of absence section. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. Failure to comply with Company policy and the below-referenced directives will result in disciplinary action, which shall include fines, sale(s) taken out of the representative's name (A) An employee including a chargeback or loss of commission), loss of bonuses (including holdback payments), suspension and/or termination of the Agreement with Caliber, and responsibility for any and all costs associated therewith. • A sales representative who has attained permanent status in his current position may collects more than $49.99 for a processing fee for DISH Network services will be disciplined only for cause. (B) An employee terminated. • A sales representative who has not attained permanent status in his current position shall not have access wears unapproved apparel, E.g., DirecTV polo/shirt/hat while selling DISH Network accounts will be terminated. • A sales representative who makes an outbound telemarketing call to the grievance procedure in Article 6 when disciplined. (C) Each employee sell DISH Network, T-Mobile, ADT, or any other service or product offered by Caliber will be terminated. All sales shall be furnished made on the door or a customer may call the sales representative to process a sale. If a customer has a referral, please instruct the person making the referral to have the potential customer call the sales representative’s phone. • If a sales representative is found to have called DISH Network pretending to be a customer, the sales representative will be terminated. If the customer requests assistance from you, place a three-way call to DISH Network with the customer but under no circumstance should the sales representative call DISH Network pretending to be a customer. A sales representative who is found to have impersonated a customer regardless of the reason will be terminated. • A sales representative who sells a new DISH Network account, ADT, or T-Mobile services must orally inform the customer of his/her right to cancel the transaction within three business days of the transaction. Additionally, a customer who doesn’t have an email address, or can’t access the email address, shall be given a hard copy of the Notice of Cancellation along with a copy of all disciplinary actions placed in his official personnel file and shall the work order. A sales representative, who fails to comply with this section, will be permitted to respond thereto. terminated. • Sales representatives are prohibited from paying customer’s bills (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 (6DISH Network/T-Mobile/ADT), 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 . Violation of this Agreementpolicy will result in the offending sales representative being terminated. The DHSMV may have special compensatory leave equal to the length of • Do not share your login credentials with anyone. If 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 sales representative is found 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 shared his/her login information with unapproved/terminated sales representatives or annual leaveif a sales representative processes a sale for an unapproved/terminated sales representative, the remainder of the period violating sales representative will be leave without payterminated. Employees from whom leave is deducted Fineable Offenses. Sales representatives 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 a maximum fine of $1,000.00 for violating any of the grievance procedure following policies1: • Do not include any untrue information on the customer contract. • Do not modify, amend, add to, scratch out, or change in Article 6 if any way the employee has attained permanent status wording of the customer contract/work order. This applies to changes/additions made both in his current position; writing and verbally. • Do not misquote the decision is final customer on pricing, programming, etc. The customer must completely understand the financial commitment that they are agreeing to. If a customer was misquoted or not properly explained pricing and binding at Step 2.Caliber financial compensates the

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 Union recognizes 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 authority 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 responsibility of the employeeEmployer to take timely, or during a predetermination conference and reasonable disciplinary action against employees for just cause. Discipline will normally be progressive 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 grievablenature; however, such documentation may the Employer shall have the right to invoke a penalty which is appropriate to the seriousness of an individual incident or situation. For purposes of this Article, disciplinary action, or investigation to determine whether disciplinary action should 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 taken, is timely only Article 10 when commenced within 21 calendar days following the date on which the Employer had reasonable basis to believe that such action or investigation should be taken. Disciplinary action includes: written reprimand; involuntary demotions; suspension without pay; forfeiture 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 accrued annual leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving suspension; payment of fines in lieu of suspension; unsatisfactory or follow-up interim rating and discharge. The suspension without pay of a probationary employee during or at the suspensionend of the pay period in which the initial probationary period expires, pending separation for unsatisfactory service, as well as the separation itself in such circumstances, shall not be considered disciplinary action for purposes of this Article. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall A demotion will not be taken into consideration by the DHSMV in making its decision. If considered disciplinary action if it is a result of the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory failing to satisfactorily complete a required probationary period upon promotion or annual leave, transfer; in conjunction with the remainder layoff or "bump" of the period will be employee; or the voluntary or contractually required transfer or reassignment of the employee to a position allocated at a lower level, if voluntary, or required by Civil Service merit-based rules, or this contract, if unaccompanied by disciplinary action of some other kind. Placing an employee on "lost time" (leave without pay) for the period of an employee's unauthorized absence from work shall not be considered disciplinary action. 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 However, if the employee has attained permanent status requested authorization to use accrued leave credits for such time and it is denied, the denial shall not be exempt from the scope of the grievance procedure solely on the basis that the denial is not disciplinary action. The decision whether to offer an employee the option to forfeit accrued annual leave, or assess the suspension, shall be in his current position; the decision sole discretion of the Employer, and is final not grievable. Just cause for disciplinary action will include, but not be limited to: a. Failure to carry out assigned duties and binding at Step 2responsibilities required by the Employer; b. Conduct unbecoming a state employee; c. Unsatisfactory service; d. Violation of Employer work rules, policies, regulations or directives pertaining to performance, conduct or safety.

Disciplinary Action. A. The District shall not discharge, suspend or otherwise discipline any employee without just cause. (AJust cause, for the purpose of this contract, is defined as: "A cause, outside legal cause, which must be based on reasonable grounds, and there must be a fair and honest cause or reason, regulated by good faith.") An The District agrees that, in the event of disciplinary action, at the employee's request, the Chief ▇▇▇▇▇▇▇ or Divisional ▇▇▇▇▇▇▇ representing the employee who has attained permanent status in his current position involved will be notified prior to (if possible), at the time of, or immediately after, such action is taken. B. Reprimands for minor offenses may be disciplined issued by an employee's immediate supervisor. Disciplinary layoffs shall be imposed only for causemajor offenses or repeated unsatisfactory performance, and shall not be imposed unless authorized by the Superintendent, or designee. Repeated unsatisfactory performance must be documented by written reprimands and/or evaluation. All disciplinary action taken by the administration shall occur within ten (10) working days of the date the administrator becomes aware of the action that caused the discipline. (B) An employee who has not attained permanent status C. If the District is considering taking disciplinary action against an employee, he/she must be given an opportunity to give an explanation of what happened in his current position shall not have access his/her defense. If after holding the hearing, the District decides to proceed with the discipline, it is important that complaints regarding unjust disciplinary layoff, discharge, suspension, or demotion be handled promptly under the grievance procedure in Article 6 when disciplinedprocedures, beginning at Step 1. Accordingly, grievances must be filed within ten (10) working days of the disciplinary action. The District will review and render a decision on the case at Step 2 within five (5) working days of the receipt of the grievance. (C) Each D. In the event that it shall be determined that a disciplinary layoff or discharge of any employee was without cause, the employee shall be furnished reinstated unconditionally, without loss of seniority and given back pay for the time lost, less any compensation he/she may have received for work performed. In the event, however, that a copy of all discharge is reduced to a disciplinary actions placed in his official personnel file and layoff, compensation shall be permitted to respond theretopaid for that portion only of the lost time in excess of such disciplinary layoff as finally determined. E. In imposing any discipline on a current charge, the District will not take into account any infractions which occurred more than twelve (D12) 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 employeemonths previously, 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 instances of same or like circumstances 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. for thirty (F30) 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 months. Exceptions to the Public Employees Relations Commission under the provisions of section 110.227(5twelve (12) 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 month limit 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 those infractions included on the employee serves the suspension or has leave deductedmost current evaluations. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position A. Housestaff Officers may be disciplined only or discharged for cause, Disciplinary actions shall be grievable, and in the event the involved Housestaff Officer files a grievance, the burden of proving just cause shall be upon the University. B. The University shall give five (B5) An employee who has not attained permanent status working days advance notice, in his current position shall not have access writing, of any intended disciplinary action to the grievance procedure in Article 6 when disciplinedaffected Housestaff Officer and the CIR. The notice shall state the nature and extent of discipline, the specific charges against the Housestaff Officer and describe the circumstances upon which each charge is based. C. A Housestaff Officer whom the University has given notice of disciplinary action may be removed from service without five (C5) Each working days notice where his/her continued presence is deemed to imperil patient safety, public safety or the safety of any fellow employee (staff, House staff or medical faculty). Notice of such reassignment shall be furnished contained in the University’s written notice of intended disciplinary action. Where a copy Housestaff Officer has been removed from service, the University may concurrently remove the Housestaff Officer from its payroll. D. If it is later discovered that the Housestaff Officer was wrongfully removed from service, the Housestaff Officer shall be reinstated with full backpay. In addition, if the Housestaff Officer, as a result of all the wrongful removal from service, is required to work beyond the end of the residency year to complete his or her residency, the Housestaff Officer shall remain on the University payroll until such time as the residency has been completed. E. Appeals of 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 presented at Step Two of the employeeGrievance Procedure, or during a predetermination conference in which suspension or dismissal of the employee is being considered. Article XIII. Such appeals shall be made within fourteen (E14) 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 DHSMVcharges and disciplinary penalty. A hearing must be held within fourteen (14) calendar days, excluding holidays, or receipt of the appeal. F. Consistent with Step Three of the Grievance Procedure (Article XIII), following a decision made at Step Two of the Grievance Procedure by personal delivery the Assistant Vice President of Labor Relations or his/her designee, the CIR may, upon written notification to the State of New Jersey Office of Employee Relations 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 copy to the Public Employees Assistant Vice President of Labor Relations Commission under (or his/her designee) appeal the provisions Step Two decision to arbitration. Such an appeal must be sent within 21 days following receipt of section 110.227(5) and (6), F.S. In the alternative, such Step Two decision. It must be signed by a CIR representative or official. G. Arbitration decisions in disciplinary actions may shall be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, made in accordance with Article XIII, Step Three. The remedy in disciplinary actions will be limited to back pay and/or reinstatement to the grievance procedure in Article 6 of Housestaff Officer’s position. Housestaff Officers may not seek post-residency damages under this Agreement. However, this shall not preempt or preclude a Housestaff Officer from seeking appropriate relief for any post-residency damages in any judicial forum or administrative agency. H. A Housestaff Officer shall not be reassigned from clinical duties until the completion of the review and approval by the ▇▇▇▇ of GME. However, it is understood that a clinical reassignment with pay may be imposed prior to the review and approval of the ▇▇▇▇ of GME only in cases where serious medical misconduct is alleged and the employee’s continued presence in Hospital facilities is deemed to jeopardize patient care or the safety of the Housestaff Officer or others. The DHSMV Hospital shall provide written notice of, and the reasons for, such reassignment from clinical duties. In all cases, regardless of reason, where reassignment from clinical duties is imposed for disciplinary reasons, the Housestaff Officer shall have the right to request a hearing before a panel of three physicians to review the reasons for the reassignment. The three-physician panel shall be comprised of the ▇▇▇▇ of GME, an attending physician experienced in graduate medical education from another department and a Housestaff Officer from another department. The Housestaff Officer shall request a hearing within seven (7) days of notification of the reassignment. The hearing shall be held within seven (7) days from the date of the request for a hearing and the Housestaff Officer shall have the right to have a CIR representative assist him or her at the hearing. The hearing panel will decide whether reassignment is warranted or whether the Housestaff Officer shall be returned to full or partial duties during due process proceedings. The hearing panel shall issue its decision no later than seven (7) days from the completion of the hearing. The Hospital shall not report reassignments to any regulatory agency until the hearing panel makes its determination, unless otherwise required by law or accreditation standards. Reassignment shall end at any time during due process proceedings if the ▇▇▇▇ of GME or appropriate Department Chair determines that a viable alternative exists. Within seven days of the Hearing Panel’s decision, the decision may be appealed by either party to arbitration pursuant to Step Three of the Grievance Procedure (Article XIII), and, further: 1. The arbitrator shall hear the case within 14 days of his/her selection unless the parties mutually agree to extend this period. The parties will randomly select another arbitrator to hear the case if the selected arbitrator is unable to serve promptly and the parties do not agree to an extension. 2. The Arbitrator shall fix the date, time, and place of the hearing, notice of which must be given to the parties at least 72 hours in advance. Such notice may be given orally or by facsimile. Normally, the hearing shall be completed within one day. In unusual circumstances and for good cause shown, the arbitrator may schedule an additional hearing day to be held within seven days. 3. It is understood that the representative for either party may have special compensatory leave equal a conflict on the date scheduled for arbitration and for good cause only may request an alternate hearing date. In such cases, the party claiming to have a schedule conflict must use its best efforts to proceed on the first hearing date offered by the arbitrator, including having another person act as a representative. A party’s inability to proceed on a scheduled arbitration date for good cause shall not alone be grounds for the arbitrator to rule against such party. 4. The arbitrator’s fee shall not exceed $1,000 per day, and his/her cancellation fee shall not exceed $500. The fees and expenses of the arbitrator shall be divided equally between the parties. 5. Either party may make a verbatim record through a certified transcriber. Such record is to be made at the requesting party’s expense. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally between the parties. The cost of any transcript (or copy of any transcript), requested by the arbitrator, shall be shared equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost. 6. The parties shall provide to the length arbitrator in advance of the hearing a disciplinary suspension deducted copy of the collective bargaining agreement, a copy of the written notice of the hospital’s intent to reassign from an employeeclinical duties, a copy of the Hearing Panel’s leave balance decision, copies of any related grievance letters by the union, copies of all responses to grievance letters by the employer and any other documents to which both parties agree. The parties may stipulate in lieu of serving the suspensionadvance to facts that are undisputed. 7. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference The arbitrator shall be taken into consideration empowered to hold pre-hearing conferences between the parties. The arbitrator may require either party to make available documents, in addition to those described in section E above, prior to the arbitration and shall be empowered to rule on document requests prior to arbitration. 8. No briefs shall be submitted in cases unless agreed to by both parties or requested by both parties. In cases for which briefs are submitted, briefs shall be postmarked within seven (7) days of the close of hearing. 9. The Arbitrator’s decisions are to be rendered within seven (7) days from the date of the close of hearing, or the date on which briefs, if any, are due. The decision shall be in writing, contain a brief statement of the facts and a summary of the reasoning for the decision. The decision shall be signed by the DHSMV in making its decisionArbitrator. 10. If The Arbitrator shall decide whether reassignment during the employee does Hospital’s internal procedures is warranted or whether the Housestaff Officer shall be returned to full or partial duties during due process proceedings. 11. The procedures for arbitration do not have sufficient special compensatory leave, annual leave apply where such clinical reassignment is imposed for academic reasons. Such matters may not be deducted. If there is not sufficient special compensatory or annual leave, appealed to arbitration and instead the remainder decision 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 three-physician panel 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 2final.

Disciplinary Action. (A) A. An employee who has attained permanent status is to be questioned by Company Representa- tives in the investigation of an incident which may result in discipli- nary action being taken against him, will be informed of his current position may right to have a Union Representative present before such questioning begins. Such Union Representative will not interfere with the Company’s questioning of an employee. However, at the conclusion of the Com- pany’s questioning the Union Representative will be disciplined only for causefree to ask ques- tions or clarify facts. The above does not apply to inquiries of employees by Supervisors in the normal course of work. (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 B. No employee shall be furnished discharged without a copy prompt, fair and impartial investigative hearing at which he may be represented and assisted by Union Representatives. An employee will also be entitled to investigative review hearing if he so requests upon being advised of all a disciplinary actions placed suspension. The hearing will be held before any sus- pension is served. Prior to the actual hearing the Union and employ- ee will be given copies of any previous disciplinary action letters which are to be considered and the Union will be advised in his official personnel file writing of the precise charges against the employee. The Union and employ- ee will have at least forty-eight (48) hours advance notification of the hearing should they so desire. Nothing herein shall be permitted to respond theretoconstrued as preventing the Company from holding an employee out of service pending such investigation. (D) An employee may request that a PBA Staff Representative C. Appeals of suspensions shall be present during any disciplinary investigation meeting in which the employee is being questioned relative made directly to alleged misconduct Step Two of the employeeGrievance Procedure. Appeals of discharge and appeals of employ- ees laid off because of lack of qualifications shall be filed directly to Step Three of the Grievance Procedure. A hearing will be held with- in ten (10) days of perfecting such appeal. Oral and written evidence may be introduced at such hearings and witnesses may be required to testify under oath. All time limits for answers and appeals shall conform to the limitations imposed in the grievance procedure. D. All disciplinary letters (letters of warnings, reprimand, or during suspen- sion), as well as non-disciplinary letters of counsel or concern, will be removed from the employee’s file after a predetermination conference in which suspension period of two (2) years (excluding periods while on layoff, Leave of Absence or dismissal Extended Illness Status) from the date they were issued. Decisions relating to appeals of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are disciplinary action may 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.Company as

Disciplinary Action. (A) A. For purposes of this Article, “disciplinary actions” refer to demotions, reductions in pay, suspensions without pay, and terminations. B. Driver’s License Suspension Policy: 1. The following actions will take place when an employee has his/her driver’s license suspended: a. Should the California Department of Motor Vehicles issue a suspension of an employee’s driver’s license, that employee will be suspended from work, without pay, for their normally scheduled workdays for up to a 30-day period which will coincide with the start of the DMV’s suspension. b. An employee who does not have a valid driver’s license on the first day after their City suspension has ended, will be terminated. c. An employee who has attained permanent status their license suspended due to medical reasons will be considered for an accommodation in his current position may be disciplined only for causeaccordance with the American with Disabilities Act. (B) d. An employee who subsequently has not attained permanent status in his current position their Drivers License suspended for a second time, will be terminated. C. Disciplinary actions may be imposed upon an employee for good cause only as follows: 1. The Department Head shall not have access give written notice (“Notice of Proposed Discipline”) to the grievance procedure employee and the Human Resources Manager of the cause or causes for such disciplinary action, together with a narrative written statement of the facts relied upon to establish the basis for the proposed disciplinary action. Any documents relied upon by the Department Head in Article 6 when disciplinedestablishing cause shall be provided to the employee and the Human Resources Manager with the “Notice of Proposed Discipline.” 2. The Department Head may not impose the disciplinary action proposed in the “Notice of Proposed Discipline” before conducting a formal (“▇▇▇▇▇▇”) meeting with the employee, if the employee and/or SBPEA request such a meeting. The employee and SBPEA shall have five (5) calendar days from receipt of the “Notice of Proposed Discipline” to request a meeting with the Department Head. 3. If the employee or SBPEA request a meeting within the timeframe outlined in paragraph (C2) Each above, the Department Head shall schedule a meeting and shall give at least ten (10) calendar days written notice of such meeting to the employee shall be furnished a copy of all disciplinary actions placed and the SBPEA. 4. At the meeting referred to in his official personnel file and the preceding paragraph, the employee and/or SBPEA shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in competent and relevant evidence tending to prove or disprove the facts upon which the employee disciplinary action is being questioned relative to alleged misconduct based. The Department Head may be accompanied or otherwise assisted in disciplinary matters by staff and/or legal counsel. Based on his/her review of the employeeevidence following the meeting, the Department Head may affirm, modify or during a predetermination conference in which suspension or dismissal of rescind the employee is being considered. proposed disciplinary action. Within five (E5) 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 meeting, the Department Head shall give written notice of receipt his/her determination and “Order of notice from Discipline” to the DHSMVemployee and the Human Resources Manager. D. The decision of the department head is final and not subject to further appeal except for terminations, 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 suspensions without 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) demotions 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 pay reductions for disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference purposes 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 also subject to the grievance procedure in Article 6 if hearing process set forth therein, which may be appealed as follows: 1. Within ten (10) calendar days of receiving the Order of Discipline, the employee has attained permanent status in or SBEPA shall submit a written appeal to the Human Resources Manager. 2. A Hearing Panel composed of three people will hear the appeal. One member of the Hearing Panel shall be appointed by the employee, and one member of the Hearing Panel shall be appointed by the Human Resources Manager . The third member of the Hearing Panel, who shall act as chair, shall be mutually selected by the employee and the Human Resources Manager from a list of arbitrators to be obtained from the California State Mediation and Conciliation Service, which list shall be requested within five (5) working days from the date of the appeal. After the selection of the arbitrator, Human Resources Manager shall schedule an evidentiary hearing before the Hearing Panel within twenty (20) calendar days from the date of the appeal, or as soon as possible depending upon the availability of the arbitrator. Each side shall bear the cost of their individually selected panel member, and the cost of the mutually selected panel member shall be borne equally by the City and SBPEA. 3. Within ten (10) working days of the close of said hearing, the Hearing Panel shall provide a written statement of its recommendation, including any findings, to the Human Resources Manager and the employee. 4. Within five (5) working days after their respective receipt thereof, the Human Resources Manager shall forward the Hearing Panel’s written statement of recommendation to the City Manager for his current position; consideration. 5. The City Manager shall review and consider the record of the proceedings before the hearing panel, and shall accept, reject or modify the recommendation and/or findings. Written notice of the decision is and any required findings by the City Manager shall be delivered to the employee within ten (10) calendar days of the City Manager’s receipt of the Hearing Panel’s statement of recommendation. The decision of the City Manager shall be final and binding at Step 2not subject to any further appeal.

Disciplinary Action. (A) An employee who has attained permanent status satisfactorily completed at least a one-year probationary period in his their current position may be disciplined or discharged only for causejust cause as provided in Section 110.227, Florida Statutes. (B) An employee who has not attained Reductions in base pay, demotions, involuntary transfers of more than 50 miles by highway, suspensions, and dismissals may be effected by the state at any time. The state will make a good faith effort to initiate a disciplinary action within 60 days of knowledge of the event giving rise to the disciplinary action. Such disciplinary actions shall be grievable for employees with permanent status in his their current position shall not have access to in accordance with the grievance procedure in Article 6 when disciplined6. (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 an FSFSA 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 disciplinary actions and are not grievable; however, such documentation . Letters of counseling may be used by the parties at arbitration only to show that an administrative hearing involving an employee’s discipline to demonstrate the employee was placed on notice of a rule not as an example of prior discipline. They shall not be relied upon for the purposes of promotional decisions or performance deficiencies or evaluations if the conduct concernsresulting in the letter is not repeated in the following 12 months. (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 Reprimands shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Agreement. (2) An oral reprimand will not be considered in Article 6 if determining discipline, provided the employee has attained is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved by employees with permanent status in his their current positionposition up to Step 2; the decision is at that level shall be final and binding binding. (4) A written reprimand will not be considered in determining discipline, provided the employee is not disciplined for the same offense during the succeeding 18 months, and the written reprimand was not for a major offense whichoffense that could have resulted in the employee’s dismissal. (G) The state may, at Step 2its discretion, assess disciplinary suspensions of more than three days over two pay periods.

Disciplinary Action. (A) An employee who has attained permanent status in his her current position may be disciplined only for causejust cause pursuant to section 110.227, Florida Statutes. (B) An employee who has not attained permanent status A reduction in his current position base pay that is required by the State Personnel System Rules shall not have access be grievable. Oral reprimands shall not be grievable. Written reprimands shall be subject to the grievance procedure in Article 6 when disciplinedif the employee has attained permanent status in her current position; the decision is final and binding at but only through Step 2. (C) Each An employee shall with permanent status in her current position may file, by personal delivery or by certified mail, return receipt requested, an appeal of a reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal with the Public Employees Relations Commission within 21 calendar days after following the date of receipt of notice of such action from the agency, under the provisions of section 110.227(5) and (6), Florida Statutes. Such appeal process is the exclusive remedy for review of such actions, they are not subject to Article 6 grievance procedure. In the alternative, such personnel actions may be furnished a copy grieved through the Arbitration Step, without review at Step 3, in accordance with the grievance procedure in Article 6 of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretothis Agreement. (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 discipline, and are not grievable; however, however such documentation may be used by the parties state at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (FE) 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 Each agency may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of the employee serving the suspension. An In making such determination, each agency shall take into consideration the preference of the employee may indicate his preference as to whether to serve serving the suspension or to have special compensatory having 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 no 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. (GF) Oral reprimands are An employee who has not grievable. A written reprimand attained permanent status in her current position shall be subject not have access to the grievance procedure in Article 6 if when disciplined. (G) Each employee shall be furnished a copy of all disciplinary actions placed in their official personnel file and shall be permitted to respond thereto. (H) The Sstate will make a good faith effort to initiate disciplinary actions within sixty (60) days from the date of actual knowledge by the person having the authority to initiate discipline of the event giving rise to the disciplinary action. If circumstances necessitate a longer period, except in the case of a criminal investigation, disciplinary actions must be initiated within one hundred and twenty (120) days of the event giving rise to the disciplinary action. (I) The state is to consider the facts and circumstances related to the act or omission on which employee discipline is based, as well as the period over which any prior discipline of the employee has attained permanent status taken place, in his current position; determining the decision level of discipline to be imposed. (J I) An employee may request that an Association Staff Representative or Grievance Representative be present during any disciplinary investigation meeting in which the employee is final and binding 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. The purpose of the disciplinary investigation will be explained to the employee at Step 2the beginning of the meeting.

Disciplinary Action. a) No employee shall be disciplined or discharged without just cause. b) The parties agree that a probationary employee may have their employment terminated where the employee is found not to be suitable for indefinite hire provided such termination is not arbitrary, discriminatory or in bad faith. The Company shall provide probationary employees with the general reason(s) for dismissal, in writing. Where there is a claim that such termination was arbitrary, discriminatory or in bad faith, the matter may be the proper subject of a grievance. c) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (A7) An days and a copy shall be forwarded to the Union. The employee shall also be given the appropriate documentation for Employment Insurance purposes. d) No bargaining unit employee shall terminate, suspend, issue a written/verbal warning to another bargaining unit employee or otherwise formally discipline another bargaining unit employee. Therefore, formal discipline shall only be applied by management personnel. 9.02 Once an employee, who has attained seniority status, has been discharged from his employment the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause. 9.03 All such cases shall be taken up within five (5) days and disposed of within ten (10) days of the date the employee is notified of his discharge, in writing, except where a case is taken to arbitration. A claim by an employee who has attained permanent status in seniority, that he has been unjustly discharged from his current position may employment, shall be disciplined only for cause. treated as a grievance if a written statement of such grievance is lodged with the Management within five (B5) An days after the employee who has not attained permanent status in his current position shall not have access to receives written notification of discharge. All preliminary steps of the grievance procedure prior to Step no. 3 will be omitted in Article 6 when disciplinedsuch case. (C) Each employee shall 9.04 Such special grievance may be furnished a copy of all disciplinary actions placed settled by confirming the management’s action 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 dismissing the employee, or during a predetermination conference by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in which suspension or dismissal the opinion of the employee is being consideredconferring parties. (E9.05 a) 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 No entry shall be used by the parties at an administrative hearing involving made on an employee’s discipline to demonstrate record regarding work performance or conduct unless the matter is first discussed with the employee was on notice in the presence of his Union ▇▇▇▇▇▇▇ or the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date Union Business Agent if his presence is requested. A copy 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 any adverse record shall be supplied to the Public Employees Relations Commission under the provisions of section 110.227(5) employee and (6), F.S. In the alternative, such actions may a copy shall 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 forwarded 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 deductedUnion. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. A by an employee, that he has been discharged or suspended, without just cause, shall be the proper subject for a grievance, if a written statement of such grievance is lodged at Step of the grievance procedure within five (A5) An working days after the employee who receives notice that he has attained permanent status ceased to work for the Company and returns to work after a suspension as the case may be. Where an arbitrator or arbitration board determines that an has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject-matter of the arbitration, the arbitrator or arbitration board substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board just and reasonable in his current position may be disciplined only for causeall the circumstances. (Ba) Discipline will include an oral translator where required. An employee’s signature on a discipline document shall only be for proof of delivery. When an employee who has not attained permanent status in his current position is dismissed without notice, the Company shall not have access to a Union ▇▇▇▇▇▇▇ present at the grievance procedure in Article 6 when disciplined. (C) Each time of such dismissal and provide the Union ▇▇▇▇▇▇▇ and the employee shall be furnished with a copy of all the written confirmation of discharge. All disciplinary actions placed in his official personnel file and notices, other than a suspension, 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 withdrawn from an employee’s discipline to demonstrate file after a period of twelve (12) months from the last date that the employee was on notice received any discipline. A suspension shall be withdrawn from an employee’s file after a period of fifteen (15) months the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following last date that the date of receipt of notice from the DHSMVemployee received a suspension. either party to this Agreement requests that a grievance be submitted for Arbitration, by personal delivery or by certified mail, return receipt requested, an employee with permanent status they shall make such request in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal writing addressed 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 other party to this Agreement. The DHSMV may have special compensatory leave equal Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) arbitrators. In selecting the panel of four (4) arbitrators, each party shall submit to the length other party, a of six nominees. Each party to this Agreement shall select two (2) of the nominees from the list submitted by the other party. The nominees so selected then constitute the panel of four (4) arbitrators, the names to be listed in alphabetical order. Should any of the arbitrators constituting the above mentioned panel of arbitrators withdraw or resign from the panel, then the party who nominated the arbitrator who has withdrawn or resigned, shall forthwith submit to the other party to this Agreement, a disciplinary suspension deducted list of four (4) nominees 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 selected one (1) nominee to replace the DHSMV arbitrator who has withdrawn or resigned. The arbitrators shall act singly, and in making its decisionrotation, with respect to each successive grievance that is referred to arbitration. If Should any arbitrator be unable to hear a grievance within sixty (60) calendar days after the employee does not have sufficient special compensatory leavegrievance has been referred to him, annual leave may then he shall be deductedpassed over to the next in line. If there is not sufficient special compensatory or annual leaveExcept where otherwise provided for in this Agreement, the remainder each of the period parties hereto will be leave without pay. Employees from whom leave is deducted will continue bear its own expense with respect to report for dutyany arbitration proceeding. The employee’s personnel file parties hereto will reflect a disciplinary suspension regardless bear jointly the expenses of whether the employee serves arbitrator on an equal basis. In the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand event either party desires to avail itself of such right of arbitration the decision of the arbitrator 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 upon the Company, the Union and all of the employees affected. In the event a is not satisfactorily adjusted by application of the procedure as set forth in this Agreement, and if neither party requests the matter to be arbitrated as provided in this paragraph, then such grievance shall be considered for all purposes as having been waived and abandoned by the Union and the aggrieved employee. The arbitrator shall not be authorized to any decision inconsistent with the provisions of this Agreement nor to add, alter, modify or amend any part of this Agreement, or to adjudicate any matter not specifically assigned to it by the Notice to Arbitrate. I arbitrator shall hear and determine only one grievance at Step 2a time unless the parties expressly agree otherwise. It is also understood and agreed that any arbitrator appointed pursuant to section of the Relations will be bound by the requirements of the grievance and procedures set out herein. applying for Expedited Arbitration under section the party applying will endeavour to discuss with the other party about a mutually agreeable date.

Disciplinary Action. (A) An employee ‌ 17:01 Except for probationary employees who has attained permanent status in his current position may be terminated prior to the completion of their probationary period in accordance with Article 12:03, no employee shall be discharged or otherwise disciplined only for without just cause. (B) An 17:02 In instances where the Employer considers that the actions or conduct of an employee who has not attained permanent status in his current position may warrant disciplinary action, beyond a verbal warning, the Employer shall not have access convene a meeting with the employee to review and discuss the issue prior to the grievance procedure in Article 6 when disciplined. (C) Each imposition of discipline. The employee shall be furnished entitled to be represented by a Union representative at this meeting, unless they decline such representation. The employee shall be informed of their right to have a Union representative present by their immediate supervisor. The immediate supervisor will ask the employee to sign a form indicating whether they accept or decline representation by a Union representative. A copy of this form will be given to a Union representative. 17:03 Where disciplinary action, other than a verbal warning, has been taken, the employee shall be advised in writing of the disciplinary action and the circumstances which made the disciplinary action necessary. The employee shall sign a copy of all disciplinary actions placed in his official personnel file to acknowledge its receipt and shall retain a copy. A copy shall be permitted immediately forwarded to respond theretothe Union office, unless the affected employee requests that the matter not be referred to the Union office. (D) An employee may request that a PBA Staff Representative be present during 17:04 The Employer agrees not to introduce as evidence 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 derogatory entry from an employee’s leave balance file unless the employee has previously been made aware of its contents at the time of filing, or a reasonable time thereafter, and had the opportunity to file her comments as well. 17:05 An employee shall have the right to request in writing the removal of any disciplinary report or document contained in his personnel file. After five (5) years, if there have been no occurrences of a similar nature, the discipline report shall be removed. 17:06 The person to whom a grievance is made, may: (a) Uphold the disciplinary action; or (b) Vary the disciplinary action; or (c) Determine that no disciplinary action is warranted and remove any document pertaining to the disciplinary action from the employee’s file(s). 17:07 No notice or payment 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 notice will be leave without pay. Employees from whom leave is deducted will continue given to report an employee discharged for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedjust cause. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 20.1 All employees are subject to the Rules and Regulations of the Personnel Management System except where this Agreement takes precedence. However, it is understood by the parties that employees are specifically subject to the Personnel Management System Code of Conduct and Disciplinary Measures. The City agrees not to change the Code of Conduct without first giving the Union President written notice and an opportunity to consult and bargain the impact of said change and/or provide input for the City's consideration. The City further agrees that it will not modify a Code of Conduct rule that is interpreted by an arbitrator during the term of this Agreement, without first negotiating said rule change with the Union. 20.2 For the purpose of this Article, the parties agree that disciplinary actions are of utmost concern, and classified employees shall be afforded the opportunity of rapid, fair and equitable appeal procedures. In this connection, classified employees shall have the option of utilizing the Personnel Management System Appeal Procedure or the negotiated grievance procedure (Ain this labor agreement), but such employee cannot use both the Personnel Management System Appeal Procedure and the negotiated procedure. Disciplinary actions taken against an employee include any formal disciplinary measures that result in an Employee Notice being issued. The parties also recognize the benefits of informal counseling as a tool to correct behavior, and acknowledge that such informal counseling is not considered a disciplinary action for purposes of this Article. 20.3 Normally grievances are filed at the first step in either procedure; however, in disciplinary appeals from an involuntary demotion, dismissal or suspension in excess of eighty (80) An consecutive work hours, the procedure outlined in Section 4 of this Article shall be utilized. 20.4 Disciplinary matters as referenced in Section 3 shall be appealed through one of the two available procedures at the option of the employee. The options available to the employee who has attained permanent status are: A. The direct appeal as provided in his current position the Rules and Regulations of the Personnel Management System must be submitted or filed with the Civil Service Board within fifteen (15) calendar days of the date on which the employee was notified of Management's action. Direct appeals to the Board may be disciplined only for causeinitiated with the Secretary of the Civil Service Board, (the Human Resources Director or designee), by submitting a letter requesting an appeal hearing addressed to the Civil Service Board, P.O. Box 2842, Municipal Services Center, ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, or by appearing in person at the Labor Relations Office and requesting a Civil Service Board Appeal Hearing. Decisions of the Civil Service Board concerning involuntary demotions, dismissals, or suspension in excess of eighty (80) consecutive work hours shall be final and binding on the Mayor to implement within the period of ten (10) calendar days. B. The negotiated grievance appeal procedure shall be submitted or filed at the Step III level within fifteen (B15) An calendar days of the date on which the employee who has not attained permanent status in his current position shall not have access to was notified of management's action. The Step III level of the grievance procedure is to be submitted to the Labor Relations office, and if not settled at this step, the appeal may be submitted to arbitration. The decision of the arbitrator shall be final and binding upon the aggrieved employee or the Union and the Employer to implement within the period of fifteen (15) calendar days after receipt of the Arbitrator's award. 20.5 In imposing progressive discipline on a current charge, or when considering termination, the supervisor will not take into consideration any prior infractions of the City or Departmental Rules and Regulations which occurred more than eighteen (18) months previously, assuming the supervisor has been aware of past infractions. Past infractions about which the supervisor was previously unaware, if of a Group III category, may result in discipline. 20.6 In any disciplinary appeals, the employee may seek Union assistance. The aggrieved employee and the Union representative shall not suffer a loss of pay in the processing of grievances through either the Civil Service Board or Step III hearings. No loss of pay means that the employee will be paid as if the employee were at work for their normal schedule of hours. For example, if a grievance hearing begins at 3:00 p.m. and ends at 4:00 p.m., and the employee's normal schedule is 7:00 a.m. to 3:30 p.m. with one half hour for lunch, the employee will receive eight (8) hours of pay for the day. The Union representative will be coded as being on leave as shown on the time out slip contained in Article 6 when disciplined. (C) Each 5 of this labor agreement. If a grievance is pursued beyond the Civil Service Board or Step III, each side shall be responsible for any expenses incurred and both the Union representative, if applicable, and the aggrieved employee shall be furnished on leave without pay status or may use annual leave for the time spent in preparation for or attending the hearing. 20.7 The appropriate Department Director shall forward a copy of all any written disciplinary actions placed in his official personnel file and action within seven (7) calendar days to the appropriate Union representative. The employee 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 advised by the parties at an administrative hearing involving an employee’s discipline to demonstrate supervisor issuing the employee was on disciplinary notice of the performance deficiencies or conduct concernsany appeal rights. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An 1. The County may discipline or discharge classified employees for just cause in accordance with applicable sections of the Miami-Dade County Code, Personnel Rules and Administrative Orders, specifically including Administrative Order 7-3, Disciplinary Action, appended hereto. Whenever it is alleged that an employee who has attained permanent status violated any rule, regulation, or policy, or has acted 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 such manner that would warrant the grievance procedure in Article 6 when disciplined. (C) Each consideration of discipline, the employee shall be furnished notified that discipline is being considered and shall be provided with an explanation of the charges under consideration. The employee shall have the right to have a representative present during any investigatory questioning of the employee that might lead to disciplinary action. Unless unavailable, the employee should be scheduled for a private disciplinary session for the presentation of the charges under consideration. The employee and the Association shall be notified in writing forty- eight (48) hours prior to a discipline presentation and shall include notification to the employee of his or her right to have a representative of his/her choice present. The County agrees to provide the Association, at the time of the discipline presentation session, a copy of the Disciplinary Action Report and all supporting documentation. The parties agree to conduct disciplinary actions placed action sessions 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 professional manner. Any questions which the employee is being questioned relative to alleged misconduct may have should be answered. The response of the employee, including any explanation of the incident or during mitigating circumstances shall be noted. An employee shall have the right if desired, to respond orally and/or in writing, with both statements being factually the same, and shall be given a predetermination conference in which suspension or dismissal minimum of seven (7) calendar days to prepare said response. This response must be presented before a discipline recommendation is made. After the recommendation is made, the employee’s response must be taken into consideration before a final determination is made. Neither formal nor informal counseling is considered to be disciplinary action. An employee being presented a formal counseling may request a representative. The County agrees to provide the Association, at the time of the formal counseling session, a copy of the Record of Counseling and all supporting documentation. An employee who receives a formal record of counseling will be permitted to attach a written rebuttal to the counseling form by submitting it within seven (7) calendar days from the receipt of the counseling. The formal record of counseling and rebuttal, if any, will be reviewed by the supervisor of the employee is who prepared the counseling, prior to it being considered. placed in the affected employee's personnel file. Upon request of the employee, a Record of Counseling form shall be marked “no longer in effect” after two (E2) Letters years of counseling good performance during which the employee has not been the subject of disciplinary action or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may further formal counseling. Written Reprimands shall be used by marked “no longer in effect” in the parties at an administrative hearing involving an employee’s discipline to demonstrate departmental personnel file, for Departments directly under the employee was on notice purview of the County Mayor, and not considered for progressive disciplinary action after two (2) years of good performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following from the date of receipt the final action of notice the Written Reprimand, during which an employee has not been the subject of progressive disciplinary action, further formal counseling or does not result from a final disciplinary action that was reduced from a suspension, demotion or termination via an appeal hearing. The parties agree that Section 2-47 of the DHSMVCode of Miami-Dade County will be the exclusive method of disciplinary action appeals. Exempt and non-permanent status employees shall not be entitled to appeal disciplinary actions. Nothing herein shall preclude the County from its existing right to suspend employees pursuant to the automatic suspension provisions of section 2-42(22) of the County Code. Further, nothing within this article alters the County’s right to relieve employees from duty with pay for reasons deemed by personal delivery the County to be in its best interest. The concerned Department Director or by certified maildesignee, return receipt requestedat its sole discretion, may offer to 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 notice to the Public Association the option of forfeiting accrued annual or holiday leave in lieu of serving a disciplinary suspension. Employees Relations Commission under selecting this option, that is authorized and approved by the provisions Department, shall waive their right to any appeal action of section 110.227(5the suspension. The documentation of the suspension will be a part of the employee's work record and remain in their personnel file. Employees receiving unauthorized absence (without discipline) shall have the right to appeal it to the Department Director or designee. The decision of the Department Director or designee is final and (6), F.S. In binding and shall not be grievable. A non-job basis employee who is required by their Department to attend a disciplinary proceeding will be compensated at the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, applicable rate of pay in accordance with the grievance provisions of this Agreement. 2. The concerned Department Director or designee may elect to relieve an employee from duty with pay pending the completion of an investigation or other administrative action. The employee in such cases may be subject to any of the following conditions: a) Emergency suspension in accordance with the provisions of Miami-Dade County Administrative Order #7-3. b) Relief from Duty with pay pending appropriate administrative action. c) Temporary reassignment of duties or transfer to another position within the department pending appropriate administrative action. d) Transferred to another position in lieu of or in conjunction with appropriate disciplinary action. e) Should disciplinary action be taken against an employee, the period of time an employee is relieved of duty without pay may be included in the final disciplinary action at the concerned department's or designee’s discretion. The aforementioned actions shall not be applicable to automatic suspensions imposed in accordance with the provisions of Section 2-42(22) of the Code of Miami-Dade County, or otherwise alter the provisions of Miami-Dade County Administrative Order #7-3 or the Miami-Dade County Personnel Rules. 3. The County will attempt to obtain the Hearing Examiner's recommendation within sixty (60) days of the Hearing Examiner's receipt of the transcript from the hearing. The County will not be held responsible for the failure of a Hearing Examiner to submit the appropriate recommendation to the County Mayor or Mayor’s designee. The Hearing Examiner's failure to comply with the provisions of Section 2-47 of the Code of Miami-Dade County shall not result in the employee's reinstatement, entitlement to any back pay, or otherwise invalidate the disciplinary action. 4. The County Mayor or Mayor’s designee will, upon receipt of the appropriate material from the Hearing Examiner, in cases of dismissal of a permanent employee, render a timely decision in accordance with the provisions of Section 2-47 of the Code of Miami-Dade County. Should the County Mayor or Mayor’s designee be unable to render a timely decision, the concerned employee or the Association may request reinstatement to the payroll, for administrative purposes only, pending the County Mayor or Mayor’s designee’s final decision. 5. The County Human Resources Director, in consultation with the Director of Labor Relations, shall be responsible for maintaining the Hearing panel of qualified Hearing Examiners and the Hearing Examiner Procedure Manual to be utilized in disciplinary appeal hearings conducted in accordance with Section 2-47 of the Code of Miami-Dade County. The County Human Resources Director shall make available to the Association upon request, the panel of Hearing Examiners. The Association may challenge for just cause, the utilization of a specific Hearing Examiner. The Human Resources Director shall review the Association's request and render a final and binding decision. Nothing contained herein shall otherwise modify or restrict the Human Resources Director's, authority to administer the disciplinary appeal hearing system. 6. The parties shall not initiate any exparte communications with either the Hearing Examiner or the County Mayor or Mayor’s designee for the purpose of influencing the final appeal decision. The Hearing Examiner's recommendation and the County Mayor or Mayor’s designee's final decision is to be based upon the entire record of the appeal hearing. 7. The provisions of this Article are not applicable to exempt, probationary, part-time or other non- permanent employees. 8. The Association will have the option on behalf of a permanent status bargaining unit employee, to appeal the disciplinary action of dismissals, suspensions and demotions by utilizing the arbitration procedure contained in Article 6 8 of this Agreement. The DHSMV may have special compensatory leave equal to Association shall notify the length Director of a disciplinary suspension deducted Labor Relations in writing no later than fourteen (14) calendar days from an the employee’s leave balance in lieu receipt of serving the suspension. An employee may indicate his preference as to disciplinary action of its decision on whether to serve exercise the suspension option of appealing through the arbitration procedure or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV request an appeal 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 accordance with Section 2-47 of the period will be leave without pay. Employees from whom leave is deducted will continue to report for dutyCode of Miami-Dade County. The employeeAssociation’s personnel file will reflect a disciplinary suspension regardless of whether choice between the employee serves arbitration procedure or the suspension or has leave deducted. (G) Oral reprimands are Code provision under Section 2- 47, once made, shall not grievable. A written reprimand shall be subject to change. In the grievance case where the Association does not timely notify the County or chooses not to select the arbitration procedure, then the disciplinary appeal provisions under 2-47 of the Code of Miami-Dade County shall prevail and be utilized if a timely appeal is requested. In the event the Association selects the option to appeal a dismissal, demotion or suspension under the arbitration procedure in Article 6 if then the employee has attained permanent status in his current position; provisions of 2-47 of the decision is final and binding at Step 2Code will not be applicable.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause. Cause shall include, but is not limited to poor performance, negligence, inefficiency, or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The Agency Head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual. (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. (FC) 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 agency may have special compensatory leave or annual 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 or annual leave deducted, which preference shall be taken into consideration by the DHSMV agency 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. (GD) If filed within 21 calendar days following the date of receipt of notice from the agency, 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, suspension, demotion, or dismissal to the PERC 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. (E) 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. (F) 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. (G) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (H) An employee may request that a Union 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, demotion, or dismissal of the employee is being considered. (I) An oral reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 12 months from the date of issuance, and a written reprimand shall not be considered in determining progressive discipline, provided that the employee is not disciplined for the same offense during the succeeding 24 months from the date of issuance, and further provided that the oral or written reprimands were not for a major offense which could have resulted in the employee’s dismissal.‌

Disciplinary Action. (A) An employee who has attained permanent status in his current position A. The Board may be disciplined only take progressive disciplinary action against any bargaining unit member for violations of, or failure to comply with, any provisions of this contract or any rules and regulations adopted by the Board, or other good and just cause. (B) An employee who has not attained permanent status in his current position shall not have access B. In any meeting between a Bargaining Unit Member and a representative of the Board at which discipline of that bargaining unit member is to be announced, an Association representative may, at the grievance procedure in Article 6 when disciplinedbargaining unit member’s request be present. (C) Each employee C. The term "discipline," as used in this article, shall include dismissals and suspension for cause or written reprimands to be recorded in the personnel file of any bargaining unit member when such reprimand may be considered as a basis for future disciplinary action. D. Procedures - Normal progressive disciplinary action will take the following steps: 1. Conference between the bargaining unit member and the appropriate administrator. This is a verbal warning with no action taken. A general record, consisting of date, time and general topic of such conference shall be furnished a copy of all disciplinary actions placed maintained in his official the bargaining unit member’s personnel file and shall be permitted to respond theretofile. (D) An employee may request that 2. Conference between the bargaining unit member and the appropriate administrator. At this step 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 provided to the bargaining unit member, who will initial and date it. This does not indicate that the bargaining unit member agrees with the reprimand, only that it has been inspected by the bargaining unit member. The appropriate administrator shall date and initial the reprimand and place it in the bargaining unit member’s personnel file. 3. Conference between the bargaining unit member, appropriate administrator, and Superintendent. At this step, the Superintendent may suspend a bargaining unit member for up to ten (10) school days without pay. The outcome of this conference will be documented and provided to the bargaining unit member, who will initial and date it. This does not indicate that the bargaining unit member agrees with the documented outcome, only that it has been inspected by the bargaining unit member. The appropriate administrator shall date and initial the documented outcome and place it in the bargaining unit member’s personnel file. If suspension occurs, upon the request of the bargaining unit member, the Board of Education shall review the decision. E. It is understood that serious disciplinary matters may result in the issuance of written reprimands and/or suspension as well as termination without first following Step 1, Step 2, or Step 3 of paragraph D above. F. Disciplinary action, except for termination, is subject to the grievance procedure as set forth in Article 6 this Contract. Any termination is subject to section 3319.16 of the Ohio Revised Code. Minor unrelated disciplinary matters that would result in a verbal warning under subsection 1 above shall not be utilized to advance progressive discipline if such matters occurred more than one year after the employee has attained permanent status in his current position; the decision is final last disciplinary action and binding at Step 2shall not be utilized to advance progressive discipline to termination under subsection F below.

Disciplinary Action. The following procedure will apply when a seniority employee is to be given a written reprimand, suspension or discharge: (A) An When Company believes an has been committed that warrants a written reprimand, suspension termination, the employee who has attained permanent status a Union representative will be interviewed in his current position an office and advised of the alleged within two working days of the Company becoming aware of the infraction. This limit will not apply in cases of absenteeism. Following a full investigation by both parties, to be completed within two days of the employee being advised of the unless a longer period is needed and mutually agreed upon, the employee and the Union will be advised of the penalty to be imposed. When the union disagrees with the penalty stated above, a meeting may be disciplined only for causerequested the employee, the chairperson or their designate, and the Manager of Human Resources or their designate to be held prior to the employee losing time because of the penalty to be imposed, to to mitigate the discipline. After consideration of the Union’s position, the Company will impose the disciplinary action they believe is appropriate under the circumstances. It is understood that Article may not apply to written reprimands. If after Step the Union still feels the issue has not been properly addressed, it shall be dealt with at Step 3 of the grievance procedure. (BA) An employee who has not attained permanent status in his current position Article shall not have access apply when the alleged violation may endanger the safety of the employee or other employees, or be of such a that it would be inadvisable to retain the grievance procedure employee in Article 6 when disciplinedthe plant, e.g. such violations involving drunkenness or fighting. In such cases, the Company may immediately remove such employee the premises. (CA) Each The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee having seniority. They shall have the right to interview their committee person or ▇▇▇▇▇▇▇ in a suitable place for a reasonable period or time before leaving the plant premises. The discharged or suspended employee shall be furnished a copy of all disciplinary actions placed present the grievance in his official personnel file and shall be permitted writing, signed by them, to respond thereto. (D) An employee may request that a PBA Staff Representative be present during the Company management at any disciplinary investigation meeting in time within three normal working days next following the day on which the discharge or suspension takes place. The management will review the discharge or suspension the discharged or suspended employee is being questioned relative to alleged misconduct or with the discharged or suspended employee and committee and render its decision writing within three normal working days after said review. The consideration of their grievance may include not only the merits of the employeecase, or during a predetermination conference but also what, if any compensation shall he paid for the lost 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.event

Disciplinary Action. (A) An employee who has attained permanent status in his current position may be disciplined only for cause25.1 DPM management and its employees agree to strive to work towards a safe, harmonious and productive workplace that benefits clients, employees and management alike. (B) An 25.2 Behaviour that is dangerous, unlawful or in contravention of the terms of this agreement, the relevant awards or directives of DPM Management will result in disciplinary action being taken. 25.3 If any employee who has not attained permanent status is observed to be operating in his current position shall not have access a manner contrary to any DPM policy or direction, or in contravention of applicable awards and acts/laws he/she must be notified of their unacceptable behaviour/work practice and made aware of the expected behaviour/work practice using the following procedure: 25.3.1 Any employee of DPM who, is observed to be working or acting in contravention to any DPM policy or direction will receive a written warning. This may come from the Workshop Manager, Supervisor, Site Safety Officer, Safety Committee Representative or Project Manager. The employee will be given an opportunity to explain his/her behaviour to allow consideration of any extenuating circumstances. If there are no justifiable extenuating circumstances, the employee will be admonished and the reasons for the admonishment fully explained. The consequences of repeated further misdemeanors will be emphasised. All details relevant to the grievance procedure admonishment will be recorded in Article 6 when disciplinedwriting. 25.3.2 If after step one (C1) Each has been completed and recorded, the same employee shall is observed to be furnished working or acting in the same manner, contrary to the first written warning, a copy second admonishment will be given in the presence of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretoa third. (D) An 25.3.3 The second admonishment will be confirmed in writing to the employee. The employee may request that a PBA Staff Representative will acknowledge, in writing, the record of interview. The employee cannot be present during any disciplinary investigation meeting in which forced to sign the record of interview. However, if the employee is being questioned relative refuses to alleged misconduct of sign, any comments made concerning 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 refusal should be noted. An admonishment may be used by the parties at an administrative hearing involving remain on an employee’s discipline record for a period of 12 months. 25.3.4 If, after completion of steps one (1) to demonstrate three (3) the same employee is observed to be working or acting in contravention to any DPM policy or directive, the employee was on notice will be interviewed by the Project Manager in the presence 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, relevant third person and given 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 opportunity 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 decisionexplain his/her behaviour. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there explanation is not sufficient special compensatory or annual leaveunsatisfactory, the remainder of the period employee 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 given notice of whether the employee serves the suspension or has leave deducteddismissal. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his her current position may be disciplined (reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal) only for causejust cause as provided in section 110.227, F.S., and Rule 60L- 36.005, F.A.C. Cause shall include, but is not limited to, poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. (B) A reduction in base pay that is required by the State Personnel System Rules shall not be grievable. Oral reprimands shall not be grievable. Written reprimands shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in her current position; the decision is final and binding at Step 2. (C) An employee with permanent status in her current position may file, by personal delivery or by certified mail, return receipt requested, an appeal of a reduction in base pay, suspension, involuntary transfer of over 50 miles by highway, demotion, or dismissal with the Public Employees Relations Commission within 21 days following the date of receipt of notice of such action from the agency, under the provisions of section 110.227(5) and (6), F.S. In the alternative, such personnel actions may be grieved through the Arbitration Step, withoutreview at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. (D) An agency may deduct special compensatory leave from an employee’s leave balance equal to the length of a disciplinary suspension in lieu of the employee serving the suspension. The agency has sole discretion in making such determination. If the employee does not have sufficient special compensatory leave to cover the entire suspension period, the agency shall deductannualleave to cover the remaining portion of the suspension. 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. (E) An employee who has not attained permanent status in his her current position shall not have access to the grievance procedure in Article 6 when disciplined. (CF) Each employee shall be furnished a copy of all disciplinary actions placed in his their official personnel file and shall be permitted to respond thereto. (DG) The state will make a good faith effort to initiate disciplinary actions within 60 days from the date of actual knowledge by the person having the authority to initiate discipline of the event giving rise to the disciplinary action. If circumstances necessitate a longer period, except in the case of a criminal investigation, disciplinary actions must be initiated within 120 days of the event giving rise to the disciplinary action. (H) The state is to consider the facts and circumstances related to the act or omission on which employee discipline is based, as well as the period over which any prior discipline of the employee has taken place, in determining the level of discipline to be imposed. (I) An employee may request that a PBA an Association Staff Representative or Grievance 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. The purpose of the disciplinary investigation will be explained to the employee at the beginning of the meeting. (EJ) 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 requestedExcept in extraordinary situations, an employee with who has permanent status in his her current position may appeal a reduction in base pay, involuntary transfer shall be given notice of over 50 miles by highway, suspension, demotion, proposed suspension or dismissal to the Public Employees Relations Commission under the provisions of in accordance with Rule 60L-36, F.A.C. and section 110.227(5) and (6110.227(5)(a), F.S. In Such notice shall include a statement of facts in support of the alternativeproposed suspension or dismissal. When the employee requests a conference to explain or refute the charges made against the employee, such actions may the conference shall be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, conducted in accordance with the grievance procedure in Article 6 provisions of this Agreement. The DHSMV may have special compensatory leave equal to the length of Rule 60L-36, F.A.C., and section 110.227(5)(a), F.S. (K) Each agency will make 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 good faith effort to have special compensatory leave deducteda review by an appropriate health care professional, which preference shall be taken into consideration by licensed health care risk manager, or an appropriate internal reviewing body, prior to taking disciplinary action against an employee when the DHSMV in making its decision. If medical or professional competence of 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 deductedquestioned. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. A. The Union and the University agree that all employees in the bargain unit are entitled to all of the rights and privileges delineated in this Agreement. There shall be no rights implied beyond the specific terms of this Agreement and the Union shall be the exclusive representative for the representation of these rights. B. The University in general shall subscribe to the tenants of discipline for just cause and, when appropriate, progressive discipline when assessing disciplinary action against bargaining unit employees. C. Progressive discipline means that the level of discipline shall be implemented from minor to more severe depending on the circumstances, facts and mitigating factors of each particular case. This process may include counseling, verbal warnings, written reprimands, suspensions without pay ranging from one (A1) to thirty (30) days, depending on the severity of the infraction, and termination from University employment. The level of discipline to be assessed or imposed shall be the sole responsibility of the University on a case by case basis. D. The University reserves the right to investigate all allegations of employee misconduct. E. An employee may be placed on administrative leave of absence with pay, if determined to be appropriate by the University. F. During an employee investigation, no documentation related to the matter will be placed in the employee’s official personnel file until the investigation is completed. G. The employee will be provided the opportunity to respond to the charges prior to the imposition of any suspension without pay, demotion or termination. The employee may be accompanied by a representative of his/her choosing when responding to the written notice of termination as soon as possible. The notice shall include the reason(s) for the termination. H. Any employee who believes that she/he has been suspended without pay or terminated without just cause may file a grievance in accordance with this Agreement. In cases of employee termination, the University shall provide the employee with a written notice of termination as soon as possible. The notice shall include the reason(s) for the termination. I. An employee who has attained permanent status in his current position disagrees with being given a letter of reprimand may request a meeting with the level of supervision immediately above that level that issued the written reprimand. The request will be disciplined only for cause. (B) An granted. The employee who has not attained permanent status in his current position shall not may have access to Union representation at the grievance procedure in Article 6 when disciplined. (C) Each meeting but the employee shall be furnished a copy required to speak for her- him/self. The decision of all disciplinary actions placed in his official personnel file and the supervisor at this level shall be permitted to respond theretofinal and binding. J. Prior to the implementation of discipline other than verbal or written warning or reprimand, the employee will be advised of the formal written charges against the employee and given an opportunity to respond. If the discipline being contemplated is of such a nature as to result in the employee being placed on administrative leave with pay, the pre-disciplinary meeting shall be conducted as soon as possible. Upon request the employee will be allowed to be accompanied by a Union representative at the pre- disciplinary meeting and will be allowed forty-eight (D48) hours to obtain such representation. K. An employee may request that be accompanied by a PBA Staff Representative be present during any disciplinary investigation Union representative at a grievance meeting in as provided under this Agreement’s grievance procedure, a meeting at which the employee is being questioned relative responding to alleged misconduct of formal written charges against the employee, or during a predetermination conference in which suspension or dismissal of meeting initiated by 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 supervisor agrees with the employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concernsrequest for representation. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (Aa) 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 No employee shall be furnished disciplined or discharged withoutjust cause. No bargaining unit employee shall discipline another bargaining unit employee. The Union acknowledges that the dismissal of a employee may be carried out for reasons less serious than what would be justified for a non-probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. Grievance procedures shall apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatoryor in bad faith. Notwithstandingthe foregoing,a probationary employeeshall not be prevented filing a grievance related to an allegedcontraventionof the rest of the Collective Agreement. No disciplinecan be taken against any employeeregarding a violationof rule or regulation where such rule or regulation was not clearly communicated to the Where an employeehas been discharged or suspended,he shallhave the to interview his shop ▇▇▇▇▇▇▇ for a reasonableperiod of time before leavingthe premises. The employee shall be given written reasons for the discharge or suspensionwithin seven days and a copy shall be forwarded to the Union. The employee shall also be given the appropriate documentationfor employment insurance purposes. Any grievance to a suspension or discharge shall be filed at Step within five days from the date of the Union receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation. Grievancesallegingunjust dischargemay be settledby confirmingthe Company’s action in dismissingthe employee, orby reinstatingthe employeewith compensationfortime lost, or by any other arrangement which is just and equitable in the opinion of the a) entry documentation which is related to discipline or is intended to be applied in a disciplinarycontextshallbe placed on an employee’s record unlessthematter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent if presence is requested. A copy of any adverserecord shall be supplied to the employee and a copy shall be forwarded to the Union. Prior discipline cannot be used in progressive discipline if twelve (12) months has elapsed the date of the incident which gave rise to said prior discipline, except if the incident is of a like or similar nature, in which case the record of all disciplinary actions placed in his official personnel previous disciplinemay be referred to. Except as otherwise provided above, all entries to an employee’s file and shall form a permanent part of the of the employee’s record. Upon request by an employee, that employee’s record will 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 available for review by the employee, or during a predetermination conference in which suspension or dismissal representative of the employee is being considered. Union (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 if so requested by the parties at an administrative hearing involving an employee’s discipline ), subject to demonstrate the employee was on notice reasonablenotice being given of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following request, and arrangementsbeing made for a mutually convenient time for 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 Agreementreview. The DHSMV may parties have special compensatory leave equal to agreed that grievances should be settled in the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspensionGrievance Procedure. 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 leaveTo ensurethis, the remainder of parties agree that they shall endeavourto produce all relevant documentation on which the period will be leave without pay. Employees from whom leave is deducted will continue parties intend to report rely at Arbitration for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether inspection during the employee serves the suspension or has leave deductedGrievance Procedure. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) Section 1. An “adverse action” is defined as a suspension, removal, furlough of 30 days or less, or a reduction in grade and/or pay taken for cause. Adverse actions will be taken for just cause and in accordance with appliable laws and regulations. 1. A counseling is an instruction to the employee who has attained permanent status in his current position about misconduct or concerning a proper process or procedure, and it will generally be a discussion between the employee and his/her supervisor. 2. A Letter of Warning is issued to an employee concerning unacceptable conduct. It places the employee on notice that formal disciplinary action may be disciplined only for causeimposed if the conduct does not improve. (B) An 3. A Letter of Instruction is issued to an employee who has not attained permanent status in his current position shall not have access to document standards of conduct or work instructions, clarify procedures, or impose certain requirements. A supervisor may choose to take an informal corrective action instead of formal disciplinary action when the grievance procedure in Article 6 when disciplinedsupervisor determines this alternative will accomplish the same purpose as a disciplinary action, that is, to correct the offending bargaining unit employee, maintain morale among other bargaining unit employees and to promote the efficiency of the service. Such informal actions are subject to challenge under the Negotiated Grievance Procedure. (C) Each employee shall be furnished Section 2. The Employer agrees that a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An bargaining unit employee may request representation by a Union Representative if during an investigation by a representative of management the employee reasonably believes that a PBA Staff Representative disciplinary action may result. Notices to this effect will be present during any disciplinary posted on official bulletin boards throughout the activity and publicized annually. If Union representation is requested, the investigation meeting in will be stopped to allow Union representation which the employee is being questioned relative to alleged misconduct Union will provide within reasonable time (Normally within one (1) workday, except in cases where the nature of the employeesituation will not permit such a delay). Section 3. To be effective, disciplinary actions should be timely. Therefore, it is the desire of both parties that, when determined warranted, disciplinary and adverse actions will be processed in an expeditious manner. Section 4. Reprimands and suspensions of 14 calendar days or during a predetermination conference in which suspension or dismissal of less may be appealed through the Negotiated Grievance Procedure, Article 27 and will be introduced at the appropriate next level above where the action was affected. 1. The Agency will give the employee is being considered. at least ten (E10) 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 calendar days written notice of the performance deficiencies or conduct concernsproposed action. 2. Notices will state the nature and specific reason(s) for the proposed action. 3. The Agency will give the employee at least ten (F10) If filed within 21 calendar days following to respond orally and/or in writing and to furnish materials to support the date reply. 4. Notices will inform the employee of receipt his/her right to contact a member of the servicing DHRS Office staff regarding the process. 5. Notices will inform the employee of his/her right to representation. 6. Notices will inform the employee that any request for extension of time to reply must be submitted in writing prior to the expiration of the time period that he/she was given to reply. 7. The Employer will provide the employee copies of documentation used to support the action. Any material/evidence that is not disclosed to the employee may not be used to support an action against the employee. After the time for the employee’s reply has elapsed, the Agency will issue a written final decision to the employee. To the extent practicable, Management will issue the decision in a timely matter. The decision notice from will: 1. Indicate whether the DHSMVproposed action will be affected, by personal delivery modified, or by certified mailwithdrawn. In no case will the action taken be more severe than that proposed in the advance notice. 2. State the findings with respect to each reason(s) stated in the notice of proposed action. 3. Inform the employee of his/her grievance rights in accordance with Article 27. Section 5. Removals, return receipt requestedsuspensions for more than 14 calendar days, an employee with permanent status in his current position may appeal a furloughs of 30 days or less, and reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal grade and/or pay actions are appealable adverse actions. They may be appealed to the Public Employees Relations Commission under the provisions of section 110.227(5Merit Systems Protection Board (MSPB) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed or through the Arbitration Step without review at Step 3parties’ Negotiated Grievance procedure, but not both. Section 6. The Employer will impose such penalty as suits the offense considering all relevant factors, including but not limited to the nature of the offense, timeliness of the disciplinary action, the bargaining unit employee's length of service, past record, nature of position, past application of penalties for like offenses within the bargaining unit and any extenuating or mitigating circumstances (commonly referred to as the ▇▇▇▇▇▇▇ Factors). The servicing Human Resource Office will provide data on disciplinary actions to management and Union upon request. Either party may request a meeting to discuss the data. Section 7. Prior to implementing the penalty imposed by a final decision, a Deciding Official may consider offering an abeyance agreement or alternative discipline program to a bargaining unit employee. If a bargaining unit employee accepts this offer, the penalty will be held in abeyance in accordance with the grievance procedure in Article 6 terms and conditions of this Agreementthe agreement. The DHSMV may have special compensatory leave equal to Union will be provided with copies of all relevant documentation after representation has been established. Violation of the length terms 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 abeyance agreement or to have special compensatory leave deducted, which preference shall be taken into consideration alternative discipline program by the DHSMV in making its decision. If bargaining unit employee will be cause to implement the employee does not have sufficient special compensatory leaveoriginal penalty, annual leave and may be deductedconsidered as a separate disciplinary matter. Section 8. If Unless there is not sufficient special compensatory a subsequent event of misconduct within the timeframe, a letter of warning or annual leaveinstruction will be held by the supervisor for one year, however, upon bargaining unit employee request, the remainder letter of warning or instruction can be considered for cancellation after six (6) months provided the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The bargaining unit employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or 's conduct has leave deductedbeen satisfactory. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An 9.1 Where a written reprimand, suspension, disciplinary layoff or discharge of an employee who has attained permanent status in his current position may is contemplated, the employee will be disciplined only offered an interview to allow the employee to answer the allegations 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 discipline is being considered before the employee is being questioned relative required to leave the Plant. 9.2 When an employee is called to an interview by a supervisor, a member of the staff of the Human Resources Department or other Company representative for the purpose of investigating alleged misconduct of the employee, or during which may result in 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 highwaywritten reprimand, suspension, demotion, disciplinary layoff or dismissal to the Public Employees Relations Commission under the provisions discharge 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 will be advised that the suspension employee will have the Chairperson or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decisiona Committee Member present. If the employee does not have sufficient special compensatory leaverequests the presence of the Chairperson or a Committee Member the supervisor, annual leave may be deducted. If there member of the staff of the Human Resources Department or other Company representative conducting the interview will send for the Chairperson or Committee Member without undue delay and without further discussion of the matter. 9.3 It is not sufficient special compensatory understood and agreed that the employee called to an interview in accordance with this Article will cooperate fully in any investigation or annual leaveinformation relating to the alleged misconduct/incident. 9.4 Following the interview, the remainder Company may suspend the employee with pay in order to complete its investigation of the period allegations and to determine whether any discipline will be imposed. This non-disciplinary suspension will not exceed three (3) days unless there are extenuating circumstances. 9.5 Any employee who has been disciplined by a written reprimand, suspension, or discharge will be furnished with a brief statement which advises the employee of the employee’s right to representation and describes the misconduct for which the written reprimand, suspension or discharge has been issued and, in the case, of a suspension, the extent of the discipline. Thereafter the employee may request the presence of the Chairperson or a Committee Member to discuss the case privately in a suitable office before the employee is required to leave without pay. Employees from whom leave is deducted the Plant. 9.6 Whether called or not the Chairperson will continue be advised within one (1) working day of the fact of the written reprimand, suspension or discharge. 9.7 The written statement furnished to report for duty. the employee pursuant to this Article shall not limit the Company’s rights in any way, including but not limited to the right to rely on additional or supplementary information not contained in the statement. 9.8 The employee will be provided with a copy of the written reprimand, suspension or discharge entered on 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.record within three

Disciplinary Action. (Aa) Disciplinary action including discharge, shall be excluded from this grievance procedure. Suspensions over 10 days and dis- charges shall be governed exclusively by the City of Chicago’s Personnel or Police Board Rules, whichever may be applicable. Notwithstanding the foregoing, suspensions of 11 days or more may be appealed to arbitration in lieu of the Personnel or Police Board upon the written request of the Union. Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Personnel or Police Board do not thereafter be- come arbitrable as a result of said decision. The grievance proce- dure provisions herein and the Personnel or Police Board appeals procedure are mutually exclusive, and no relief shall be available under both. (b) An employee who is subject to disciplinary action for any impropriety or cause has attained permanent status in his current position the right to ask for and receive a Union representative to be present at any interrogations or hearings prior to being questioned. The interrogation shall take place at reason- able times and places and shall not commence until the Union representative arrives, provided that the Employer does not have to wait an unreasonable time and the Employer does not have to have the interrogation unduly delayed. An employee may be disciplined only dis- charged for cause. (B) An employee who has not attained permanent status in his current position shall not have access to just cause before the grievance procedure in Article 6 when disciplined. (C) Each Personnel or Police Board hear- ing, provided that said employee shall be furnished guaranteed, upon request, 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 full 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 3before said Board, in accordance with the grievance procedure said Board’s rules. It is further provided that in Article 6 the event of this Agreement. The DHSMV may have special compensatory leave equal non- egregious offenses, not to include violent acts, criminal acts, drink- ing alcohol or taking illegal drugs on the length job, insubordination or work stoppages, the employee will be given 30 days advance no- ▇▇▇▇ of a disciplinary suspension deducted discharge, and has 7 days from an employee’s leave balance in lieu receipt of serving the suspension. An employee may indicate his preference as notice 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 decisionap- peal. If the employee does not have sufficient special compensatory leavefile an appeal within the 7-day appeal period, annual leave the Employer may be deductedthen remove the employee from the payroll. If there is not sufficient special compensatory or annual leavethe employee appeals the discharge, the remainder Personnel Board shall be requested to set a hearing date within the 30-day notice period and the employee shall remain on the payroll for the full notice period, except if prior to completion of the 30-day notice period will be leave without pay(1) the Hearing Officer affirms the discharge; or (2) the em- ployee continues the discharge hearing; or (3) the employee with- draws his appeal or otherwise engages in conduct which delays the completion of the hearing. Employees from whom leave is deducted will continue However, in no event may the em- ployee require the employer to report for dutyretain the employee on the payroll beyond the 30-day period. The employee’s personnel file will reflect a disciplinary suspension regardless Union shall have the right to have its representatives present at either of whether the employee serves Board(s) or the suspension or has leave deductedgriev- ance procedure, including arbitration, and to actively participate. (Gc) Oral reprimands are The Employer within its discretion may determine whether disciplinary action should be an oral warning, written reprimand, suspension or discharge, depending upon various factors, such as, but not grievablelimited to, the severity of the offense or the employee’s prior record. Such discipline shall be administered as soon as practical after the Employer has had a reasonable opportunity to fully investigate the matter and conduct a meeting with the Union and employee. The Employer is not obligated to meet with the em- ployee and the Union prior to taking disciplinary action where the employee is unavailable or in emergency situations. Demotions shall not be used as a part of discipline. Transfer shall not be part of an employee’s discipline. In cases or oral warnings, the supervisor shall inform the em- ployee that she/he is receiving an oral warning and the reasons therefore. For discipline other than oral warnings, the employee’s immediate supervisor shall meet with the employee and notify him/her of the accusations against the employee and give the em- ployee an opportunity to answer said accusations. Specifically, the supervisor shall tell the employee the names of witnesses, if any, and make available copies of pertinent documents the em- ployee or Union is legally entitled to receive, to the extent then known and available. Employer’s failure to satisfy this Section 4.1 shall not in and of itself result in a reversal of the Employer’s dis- ciplinary action or cause the Employer to pay back pay to the employee. In the event disciplinary action is taken, the employee and the Union shall be given, in writing, a statement of the reasons there- fore. The employee shall initial a copy, noting receipt only, which shall be placed in the employee’s file. The employee shall have the right to make a response in writing which shall become part of the employee’s file. (d) Any record of discipline may be retained for a period of time not to exceed eighteen (18) months and shall thereafter not be used as the basis of any further disciplinary action, unless a ▇▇▇- ▇▇▇▇ of sustained infraction exists. A written reprimand pattern shall be defined as at least two substantially similar offenses during said 18-month pe- riod. If an employee successfully appeals a disciplinary action, his/her file shall so record that fact. If the appeal fully exonerates the employee, the Employer shall not use said record of the dis- cipline action against the employee, or in the case of promotions or transfers. In any disciplinary investigation of a non-egregious offense con- ducted by the investigative staff of the Office of Budget and Man- agement, the Employer shall notify the employee who is the subject of the disciplinary investigation of the pendency of the in- vestigation and its subject matter, within thirty (30) calendar days of the employer being made aware of the alleged rule violation. For the purposes of this Section, the term “non-egregious offense” shall not include indictable criminal offenses, gross insubordina- tion, residency issues, or drug and alcohol violations. Thereafter, the employee shall be granted a pre-disciplinary hearing if re- quested within thirty (30) days. Any discipline given in violation of this notice provision shall be null and void. In the event that a discharged employee appeals an adverse decision of the Personnel or Police Board to the grievance procedure in Article 6 if Circuit Court of ▇▇▇▇ County, or thereafter to the employee has attained permanent status in his current position; Appellate Court of Illinois, and the decision of the Personnel or Police Board is final reversed or re- manded resulting in restoration of the job, the Employer will pay the employee’s reasonable attorney’s fees which he or she has incurred in connection with the court proceeding, excluding fees incurred before the Personnel or Police Board. The employee shall submit a post-appeal fee petition to the Employer, which shall be supported by full documentation of the work performed, the hours expended, and binding at Step 2the rates paid by the employee. Should the parties be unable to agree on the proper amount of the fees to be paid to the employee, either party may refer the dispute to arbi- tration under the relevant provisions of this agreement.

Disciplinary Action. A. Employees may only be disciplined for just cause. In any grievance procedure challenging discipline, the employer bears the burden of proof. B. At any meeting between an employee and his/her supervisor in which there is discipline to be imposed, said employee, at his/her request, shall be entitled to the presence of a Union Representative during meeting and discussion. C. In determining the appropriate disciplinary action to be taken in a given case, the employer may not rely upon any suspension of the employee in question which occurred more than 36 months prior to the alleged or suspected cause for discipline; and, any other form of discipline which occurred more than 36 months prior to the events in question may not be relied upon in any manner in determining the appropriate discipline. D. Employees, charged with alleged violations requiring an appearance before the Accident Review Board (A) An ARB), would have any discipline deferred until they appear before the ARB, unless the employee who waives his/her right to appear before the ARB. E. Whenever an employee is asked to place his signature upon any document or report for disciplinary action, it is understood that said employee is merely acknowledging receipt of said document and does not indicate whether the employee agrees or disagrees with the document, report or disciplinary action. F. Employees receiving discipline in the form of unpaid suspension shall have the option of forfeiting up to 80 hours of accrued paid vacation days for 40 hour employees or 120 hours of accrued paid vacation days for 24 hour employees. G. When the employer has attained permanent status in his current position a reasonable suspicion that a bargaining unit member may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access subject to discipline dependent on the grievance procedure outcome of the investigation, the bargaining unit member will be provided a ▇▇▇▇▇▇▇ warning. Upon request of employees subject to this provision, a union ▇▇▇▇▇▇▇ as defined 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 4 may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which when the employee is being questioned relative to alleged misconduct questioned. The union ▇▇▇▇▇▇▇ may only be present as an observer and shall not intrude upon the questioning 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 employees. Any ▇▇▇▇▇▇▇ on duty may be used by called upon to be present during questioning so that the parties process begins as soon as practicable, within the time it would take an on duty ▇▇▇▇▇▇▇ to appear at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice place of questioning, in no event beyond one hour from which 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 call goes out 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 deductedunion ▇▇▇▇▇▇▇. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) Section 1. The parties agree that the purpose of discipline in a labor intensive enterprise is to insure, through corrective action, that employees conduct themselves in a responsible manner. Progression from less severe to more severe corrective action is intended to bring about a change in behavior rather than simply to punish. The parties further acknowledge that it is not possible to agree upon the full range of potential corrective actions which may be taken by an employer or its representatives, particularly in a diverse statewide system of higher education. Section 2. An employee having successfully completed the required probationary period shall not be discharged, suspended or demoted for disciplinary reasons without just cause. An employee who ▇▇▇▇▇▇ hers his/her employment with the Employer must serve an additional probationary period upon reemployment, whether in the same or a different job title. Section 3. Just cause may include, but shall not be limited to, the following: 1. Neglect or non-performance of duties; 2. Demonstrated incompetence in the performance of duties; 3. Willful dishonesty in the performance of duties; 4. Insubordination; 5. Violent behavior; 6. Chronic absenteeism or tardiness; 7. Unauthorized possession or use of alcohol or an unprescribed controlled substance during any period of assigned work; 8. Willful release of information classified as confidential; 9. Unauthorized possession of weapons; 10. Theft or willful misuse of property of the Institution or its community. Section 4. Recognizing the importance of counseling in effective corrective discipline, the parties agree that disciplinary action, when imposed, will progress from minor to severe for repeated failure to meet obligations except in those circumstances which have resulted or may result in harm to the Institution or its community. Disciplinary actions may include, but are not limited to, oral reprimand, oral reprimand with notation to the human resources file, written reprimand, transfer, suspension with pay, suspension without pay, denial of salary step increase, demotion and discharge. Section 5. In the event that an employee is not given a hearing prior to the imposition of discharge, suspension or demotion for disciplinary reasons, then a grievance alleging a violation of Section 3 of this Article shall be submitted in writing by the aggrieved employee within seven (7) calendar days of the date such action was taken.The grievance shall be treated as a Step 2 grievance and Article 29 Grievance and Arbitration Procedure shall apply. Section 6. In the event that an employee is given a hearing prior to the imposition of discharge, suspension or demotion for disciplinary reasons, a grievance alleging a violation of Section 3 of this Article shall be submitted in writing by the aggrieved employee within seven (7) calendar days of the date such action was taken. The grievance shall be treated as a Step 3 grievance and Article 29 Grievance and Arbitration Procedure- shall apply. A suspension without pay shall not be served, if grieved, until the grievance has attained permanent status in his current position been adjudicated through Step 4 of the Grievance and Arbitration process. Where the action or event grieved is the result of action undertaken or directed by the Chief of Police or the university official responsible for conducting the hearing at Step 2 or Step 3 of the Grievance and Arbitration process, the grievance may be disciplined only for causeinitiated at the next higher step. (B) Section 7. An employee who has not attained permanent status in his current position shall not have access the right 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 representative of the Union be present during at any disciplinary investigation meeting in which the employee hearing that 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 consideredheld. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An 10.01 A Union Representative will be present during all disciplinary actions. When a employee who has attained permanent status is called in his current position may for a disciplinary discussion by a member of supervision and the subject of the interview is discipline, the employee will be disciplined only for causeso informed before the interview and will be advised to have a Union Representative present. The Supervisor will accommodate this request before continuing the interview. (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 10.02 A copy of all written disciplinary actions placed in his official personnel file must be given to the employee concerned and to the Plant Chairperson. 10.03 When discipline is to be imposed by the Company, said discipline shall be permitted imposed within ten (10) working days of the infraction or from the time the Company became aware or ought to respond theretohave been aware of the infraction. Prior to the issuance of any disciplinary notice, the matter will be discussed by the Company with a Committeeperson. 10.04 The Company will in the case of a suspension consider whether or not it is advisable to allow the employee to continue to work through any step of the grievance and arbitration procedures in order to allow the Union time to investigate the matter giving rise to the proposed suspension. The Company may in its sole discretion issue a notice of suspension without requiring the employee to serve all or part of the suspension. 10.05 The Company agrees to provide an opportunity to the Union Representative to have a meeting of reasonable duration with the employee prior to and after discipline is issued. This meeting should not exceed (D15) An fifteen minutes with pay. 10.06 When a suspension, disciplinary layoff or discharge of an employee may request that is contemplated, the employee, where circumstances permit, will be offered an interview to allow the employee to answer to the allegations for which such a PBA Staff Representative be present during any disciplinary investigation meeting in which discipline is being considered before the employee is being questioned relative required to alleged misconduct leave the plant. 10.07 When a employee is suspended pending investigation the disciplinary hearing will be held within three (3) working days. An extension can be negotiated between the Union and the Company. 10.08 All Company personnel located at and servicing customer facilities at: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ and/or ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ are further bound to comply with all customer published policies on Health and Safety Regulations, Plant Rules, Codes of Conduct and any new plant requirements/rules that the customer may publish from time to time for Staff and Employees working onsite at their respective locations. 10.09 In imposing discipline on a current infraction, management will not take into account any prior infractions which occurred more than twelve (12) months previously. Unless the prior discipline is for a similar offence in which case the original discipline will stay on the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. ’s record for eighteen (E18) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline months 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 account for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedpurposes. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An Section 1. The University shall not take disciplinary action against an employee who has attained permanent status in his current position may be disciplined only for without just cause. Section 2. Disciplinary action will be based on an evaluation of all the facts including the nature and extent of the violation, previous conduct and possible extenuating circumstances. The University shall follow progressive discipline, which shall generally include: (B1) An first written warning; (2) second written warning; (3) suspension; and (4) termination. Although the University favors progressive discipline, nothing herein shall limit the right of the University to use any of the disciplinary steps, consistent with requirements of just cause, for any offense that is of such a serious nature that use of progressive discipline is not appropriate or warranted. Section 3. Due Process. All employees shall have the right to Union representation at all steps of the disciplinary procedure. Beginning with the second written warning, an employee who has and the Union shall receive three (3) working days notice that a disciplinary meeting will take place. The written notification will state clearly and specifically the nature of the problem and the proposed action, advise the employee of his right to have a Union representative present and set a date and time for the meeting. If the date and time are not attained permanent status mutually agreeable, the supervisor and the employee shall arrange another date and time. Included with that notification will be all documentation upon which the charges against the employee are based. For suspensions and terminations, the Department of Human Resources Development and Labor Relations will notify the employee, the Union President and District 1199 Union Representative of the date and time of the meeting, and both the Vice President for Business Affairs and Finance or designee and Union President or designee shall be involved in the meeting. The District 1199 Union Representative also shall have the option of participating in the meeting. The Vice President for Business Affairs and Finance or designee shall preside at the meeting. Normally, no discipline beyond the second written warning shall be imposed until after a disciplinary meeting, during which the employee and her/his current position Union representative shall not have access the opportunity to refute the charges. In the event the Administration finds it necessary to remove an employee from University property before the three (3) day notice or meeting, the employee may be suspended with pay pending the conduct of the meeting, which shall be held within three (3) business days of the suspension at a time that is mutually acceptable to the parties involved. Section 4. Employees have the right to appeal disciplinary action through the grievance procedure as set forth in Article 6 when disciplinedVIII. Employees subject to discipline, up to and including discharge, shall receive notification of disciplinary actions in writing. All employees shall have the right to attach a written rebuttal to all written disciplinary documents. (C) Each employee shall be furnished a copy of all Section 5. Written disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request documents for offenses 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 were 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.progressive discipline under Section 2 above shall not be considered for purposes of discipline after eighteen

Disciplinary Action. (A) An employee who has attained Reductions in base pay, demotions, suspensions, and dismissals may be effected by the State at any time against any employee. Such actions against employees with permanent status in his current position may the Career Service System for disciplinary reasons shall be disciplined only for cause. (B) An employee who has not attained permanent status grievable in his current position shall not have access to accordance with the grievance procedure in Article 6 when disciplinedif the employee alleges that the action was not for just cause. However, any reduction in base pay that is required by the Career Service System Personnel Rules shall not be grievable. It is the policy of the State that disciplinary action will be initiated in a timely manner once the State has actual knowledge of the event giving rise to the disciplinary action; therefore, the State will make a good faith effort to initiate any disciplinary action within 60 days of actual knowledge of the event giving rise to the disciplinary action. Disciplinary action shall be subject to the grievance procedure as follows: (1) Oral reprimands shall not be grievable under the provisions of this Contract. (2) An oral reprimand will be considered invalid under the provisions of Article 12(D) if the employee is not disciplined for the same offense during the succeeding 12 months. (3) Written reprimands may be grieved up to Step 2 and the decision at that level shall be final and binding. (4) A written reprimand will be considered invalid provided the employee is not disciplined for the same offense during the succeeding 24 months, and the written reprimand was not for an offense which could have resulted in the employee's dismissal. (B) A complaint by an employee with permanent status concerning any written reprimand or employee performance appraisal which contains criminal allegations or criminal charges may be grieved through the arbitration step of the Grievance Procedure. (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 Union representative be present to advise and/or assist the employee 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. The purpose of the disciplinary investigation will be explained to the employee at the beginning of the meeting. (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. (FD) If filed within 21 14 calendar days following from the date of receipt of notice from the DHSMVagency, by personal delivery or by certified mail, return receipt requested, a complaint by an employee with permanent status in his current position may appeal the Career Service concerning a reduction in base pay, involuntary transfer of over 50 miles by highwaydemotion, 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 3Step, in accordance with the grievance procedure Grievance Procedure in Article 6 of this AgreementContract. 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 Arbitration decisions 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 2binding.

Disciplinary Action. 7.01 Generally, ▇▇▇▇▇ subscribes to the principles of progressive disciplinary action when deemed necessary to correct employee conduct, absenteeism, and in the performance of their job. All disciplinary action meted out will be based upon the principles of just cause, as deemed sufficient and appropriate by ▇▇▇▇▇. Such disciplinary action may consist of the following corrective steps: • Oral Warning • Written Reprimand • Suspension From Employment Without Pay • Demotion • Termination From Employment 7.02 Nothing herein will be construed as to limit ▇▇▇▇▇’s ability to administer a level of disciplinary action, including termination from employment for behavior, the nature of which warrants a level of discipline outside the ordinary progression steps. Examples of such behavior constituting such discipline includes the following: a) Consumption or possession of any alcoholic beverage, marijuana or illicit drug while on duty or on SacRT property, whether or not found to be in violation of SacRT’s DOT FTA Drug and Alcohol Testing Policy; b) Fighting (Aexcluding for one’s defense) or engaging in acts that provoke a fight with another employee or member of the public while on duty; c) Hostile or aggressive acts of insubordination; d) Unlawful discrimination, including harassment, on the basis of any protected status, against the public or other employees; e) Theft, misappropriation, or misuse of SacRT funds, time, or property; f) Negligent conduct that jeopardizes the health and/or safety of another employee or member of the public; g) Tampering or unauthorized altering of information or records of ▇▇▇▇▇; h) Lying or submitting false or misleading information in connection with the performance of ones duties; i) An act of gross incompetence in the performance of one's duty; j) Willful and intentionally causing vandalism to SacRT property or damage destruction of SacRT property resulting from negligence; k) Possession without a prescription, consumption, selling or offering to sell, giving or offering to give any controlled substance as defined in California Health and Safety Code Sections 11053 to 11058, inclusive, while on duty or subject to duty whether or not in violation of ▇▇▇▇▇’s Drug and Alcohol Testing and Rehabilitation Policy; l) Unlawful retaliation against any SacRT officer or employee or member of the public who has attained permanent status in his current position may be disciplined only for causegood faith reports, discloses, divulges, or otherwise brings to the attention of the Attorney General or any other appropriate authority any facts or information relative to actual or suspected violation of any law of this state or the United States occurring on the job or directly related thereto; m) Fraud in securing appointment. (Ba) An SacRT agrees not to take formal disciplinary action against an employee who has not attained permanent status in his current position shall not have access under Article 7 of this Agreement based solely upon a complaint unless and until such complaint is reduced to writing stating the circumstances giving rise to the grievance procedure in Article 6 when disciplinedcomplaint and signed by the complainant. For the purposes of this agreement, a written complaint can be an email from the complaining party or an occurrence report. (Cb) Each If a written complaint about an employee shall covered by this Agreement is received by SacRT and intended to be furnished used in support of 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 action against the employee, the employee will be afforded an opportunity to review and respond to the complaint in writing. The response, if any, will be included with the complaint and any disciplinary notice placed in the employee’s personnel file. 7.04 An employee whose act(s) or during omission(s) warrant the administration of disciplinary action will be presented with a predetermination conference in which suspension or dismissal “Charge Letter” within 20 business days of the infraction or 20 business days from when the infraction became known or should have been known by ▇▇▇▇▇. The Charge Letter will describe the infraction and level of disciplinary action. Notice of such charge will be in writing and delivered personally or sent by certified mail to the employee’s last known address. Date of receipt of the Charge Letter will begin the time limits. A copy of the Charge Letter will be sent to AFSCME. An employee is being consideredcontesting the proposed disciplinary action or the level of discipline may file a grievance pursuant to the procedure set forth in this Agreement. (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 7.04 The employee will 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 afforded 10 business days following from the date of receipt of notice from the DHSMVCharge Letter (for suspensions or above), by personal delivery in which to present, orally or by certified mailin writing, 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 their response to the Public Employees Relations Commission under acts or omissions on which 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 Agreementdiscipline is proposed. 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 response will be taken into consideration by in whether or not to continue, modify or eliminate the DHSMV disciplinary action. The final decision of SacRT will be issued to the employee and AFSCME, in making its decisionwriting, within 10 business days. An employee contesting the disciplinary action or the level of discipline may file a grievance pursuant to the procedure set forth in this Agreement. 7.05 If upon review of a suspension, demotion or a discharge, it is found that an employee was improperly disciplined, the employee will be reinstated to the former position without loss of seniority and with all of the salary that they would have earned had they not received disciplinary action. If the employee does not have sufficient special compensatory leavereview should show that a penalty was justified, annual leave may be deducted. If there is not sufficient special compensatory or annual leavebut the penalty imposed was too severe, the remainder of the period employee will be leave without payreturned to duty as above, and that portion of lost salary, which was determined to be excessive, will be paid. Employees from whom leave It is deducted agreed that, if it is found that the discipline was improperly assessed, no entry will continue to report for duty. The be made on the employee’s personnel file record of such discipline; if the discipline was properly assessed, but found to be excessive, proper notations will reflect a disciplinary suspension regardless of whether be made in the employee serves the suspension or has leave deductedemployee’s records. (G) Oral reprimands are 7.06 Notations of 1 year’s standing, or more, on service records of employees will not grievable. A written reprimand shall be subject to the grievance procedure considered in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2disciplinary cases.

Disciplinary Action. (A) An employee who has attained permanent status in his current position Section 1. The University Administration and Akron-AAUP agree that discipline for just cause, up to and including termination of a bargaining unit member, may be disciplined only for causenecessary from time to time. Section 2. When the University Administration has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall conduct an investigation. Section 3. If after investigation the Senior Vice-President and ▇▇▇▇▇▇▇ of the University believes disciplinary action is warranted, discipline may be imposed on a bargaining unit faculty member for just cause. Engaging in conduct that constitutes just cause for discipline may lead to any one or more of the following types of disciplinary action: oral reprimand, written reprimand, suspension with pay, suspension without pay, Section 4. Prior to imposing disciplinary action, the department chair, ▇▇▇▇, or the Senior Vice-President and ▇▇▇▇▇▇▇ will meet with the bargaining unit faculty member to discuss the charge(s) against the bargaining unit member, and provide the bargaining unit faculty member with an opportunity to present his or her case. The following procedures will be followed: A. The bargaining unit faculty member shall be given the opportunity to be accompanied by an Akron-AAUP representative. B. At least ten (B10) An employee who has not attained permanent status in his current position shall not have access days prior to the grievance procedure meeting, the University Administration shall notify both the bargaining unit faculty member and the Akron-AAUP in Article 6 when disciplinedwriting of the specific charge(s) and the specific basis(es) of those charges to be discussed at the meeting. Where the contemplated discipline may be suspension or be more severe, the University Administration shall provide the bargaining unit faculty member and the Akron-AAUP with copies of the documents which the University can release legally upon which the charges are based. However, all identities will be redacted. (C) Each employee C. If the matter is not disposed of by mutual agreement at the meeting, the bargaining unit faculty member and the Akron-AAUP shall be furnished sent a copy written statement of all disciplinary actions placed in his official personnel file the charges and shall the discipline imposed, as well as copies of the documents which the University can release legally upon which the charges and discipline are imposed, to the extent not previously provided, within ten (10) days of the meeting. Such statement will be permitted to respond theretosigned by the administrator imposing discipline and initialed by the Senior Vice-President and ▇▇▇▇▇▇▇. (D) An employee may request that a PBA Staff Representative D. If discipline is imposed the University will disclose those identities which can 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 consideredreleased legally. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns Section 5. A bargaining unit faculty member who disagrees with the disciplinary action that are not discipline and are not grievable; however, such documentation has been imposed 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 seek recourse through the Grievance and 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 deductedProcedure. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An 10.01 A Union representative will be present during all disciplinary actions. When a employee who has attained permanent status is called in his current position may for a disciplinary discussion by a member of supervision and the subject of the interview is discipline, the employee will be disciplined only for causeso informed before the interview and will be advised to have a Union representative present. The Supervisor will accommodate this request before continuing the interview. (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 10.02 A copy of all written disciplinary actions placed in his official personnel file must be given to the employee concerned and to the Plant Chairperson. 10.03 When discipline is to be imposed by the Company, said discipline shall be permitted imposed within ten (10) working days of the infraction or from the time the Company became aware or ought to respond theretohave been aware of the infraction. Prior to the issuance of any disciplinary notice, the matter will be discussed by the Company with a Committeeperson. 10.04 The Company will in the case of a suspension consider whether or not it is advisable to allow the employee to continue to work through any step of the grievance and arbitration procedures in order to allow the Union time to investigate the matter giving rise to the proposed suspension. The Company may in its sole discretion issue a notice of suspension without requiring the employee to serve all or part of the suspension. 10.05 The Company agrees to provide an opportunity to the Union Representative to have a meeting of reasonable duration with the employee prior to and after discipline is issued. This meeting should not exceed (D15) An fifteen minutes with pay. 10.06 When a suspension, disciplinary layoff or discharge of an employee may request that is contemplated, the employee, where circumstances permit, will be offered an interview to allow the employee to answer to the allegations for which such a PBA Staff Representative be present during any disciplinary investigation meeting in which discipline is being considered before the employee is being questioned relative required to alleged misconduct leave the plant. 10.07 When a employee is suspended pending investigation the disciplinary hearing will be held within three (3) working days. An extension can be negotiated between the Union and the Company. 10.08 All Company personnel located at and servicing customer facilities at: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ and/or ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ are further bound to comply with all customer published policies on Health and Safety Regulations, Plant Rules, Codes of Conduct and any new plant requirements/rules that the customer may publish from time to time for Staff and Employees working onsite at their respective locations. 10.09 In imposing discipline on a current infraction, management will not take into account any prior infractions which occurred more than twelve (12) months previously. Unless the prior discipline is for a similar offence in which case the original discipline will stay on the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. ’s record for eighteen (E18) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline months 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 account for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedpurposes. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary 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, 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. Florida Statutes. 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 3 2.

Disciplinary Action. (A) An employee who has attained permanent status If a resident is failing to make satisfactory progress in his current position any aspect of the residency program or failing to comply with policies and expectations as outlined in the Baptist Health ▇▇▇▇▇ PGY1 Pharmacy Residency Manual and Training Agreement and/or Baptist Health Employee Handbook, disciplinary action may be disciplined only taken. Action will depend on the factors pertaining to the situation and will be determined by the RPD and/or RAC. Disciplinary action may include the following: • Verbal warning: Residents may be given verbal counseling by their preceptor(s) or RPD. Counseling shall entail suggestions for cause. (B) improvement in meeting expectations. It is recommended that preceptors document this counseling in PharmAcademic, e.g. via Midpoint resident self-assessment comments, summative evaluations, or on-demand feedback. • Written warning: If the resident continues to fail in their efforts to meet expectations, they may be given a warning in writing and will be counseled on the actions necessary to rectify the situation. The written warning will specify areas of concern about performance, how they can be corrected, and the time in which this correction should occur. This will be documented by the RPD in PharmAcademic, requiring co-signature from the resident. The Operations Manager or Director of Pharmacy will also document the warning in the facility’s personnel management software. • Performance Improvement Plan: In the event that resident development or performance has been deemed inadequate and that continuation in the program is at risk, the resident may be placed on a Performance Improvement Plan. An employee who action plan to satisfactorily complete program requirements shall be created in conjunction with the resident, RPD, and resident’s residency mentor. The action plan must be reviewed and approved by the RPD, resident’s mentor and Pharmacy Management prior to implementation. The action plan will be documented in both PharmAcademic and the facility’s personnel management software. The action plan must specify deficiencies, outline a detailed remedial plan, and provide a timeline for re-evaluation. At the end of this pre-specified time period, the RPD, resident’s mentor, and Pharmacy Management will evaluate resident performance. If it is determined that the resident has not attained permanent status in his current position shall not have access to sufficiently corrected the grievance procedure in Article 6 when disciplined. (C) Each employee shall identified deficiencies, the resident may be furnished a copy of all disciplinary actions placed in his official personnel file dismissed from the program. If it is determined that the resident has sufficiently corrected the identified deficiencies, the resident will be notified 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 successful completion of the employeePerformance Improvement Plan will be documented in the facility’s personnel management software. • Residents who do not satisfactorily complete the programs requirements due to poor performance will not be granted an extension to complete the program. If a resident does not satisfactorily complete the requirements due to an approved leave of absence, or during a predetermination conference the resident may be granted extended time in which suspension or dismissal the program. This will be at the discretion of the employee is being consideredRPD, RAC, and Director of Pharmacy; please see long term leave of absence section. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) 12:01 An employee who has attained permanent status in his current position may shall only be disciplined only for just cause. (B) 12:02 A hearing may be held with an employee prior to making a determination to discipline an employee. The employee shall have the option to have a Representative present. 12:03 Where disciplinary action has been taken the employee shall be advised in writing of 12:04 An employee who has not attained permanent status may grieve disciplinary action in his current position accordance with the Grievance Procedure. 13:01 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the option to have a Representative present at such a discussion. 13:02 The parties’ to this Agreement recognize the desirability for prompt resolution of grievances through an orderly process without stoppage of work or refusal to perform work. _ 13:03 A grievance is defined as a complaint in writing concerning: (b) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Memorandum of Understanding, or a signed Memorandum of Agreement between the parties. The dismissal, suspension, demotion or written reprimand of an employee. 13:04 Notwithstanding 13:03, an employee may grieve on any unsatisfactory working condition up to and including Step 3 of the Grievance Procedure. The decision at Step 3 shall be final for such grievances. 13:05 If an employee or the Union fails to initiate or proceed a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all tights of recourse to the Grievance procedure for that particular grievance shall be at an end. If Management fails to reply to a grievance within the prescribed time limits, the employee or the Union shall process the grievance to the next step. Either party may request an extension of the time limits providing such-extension is requested prior to the expiry of the time allowed. An extension, if requested shall not have access be unreasonably withheld. 13:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute. 13:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at Step 3 of the Grievance Procedure within twenty-eight (28) calendar days of the date that the employee became aware of the action. 13:08 An employee may withdraw a grievance by giving written notice to the Union and the Employer or abandon his grievance procedure by not processing it within the prescribed time limits. 13:09 When a grievance cannot be presented at any step, it may be transmitted by registered mail. Within twenty-eight (28) calendar days after the date upon which the employee was notified orally or in Article 6 when disciplinedwriting, or on which the employee first became aware of the action or circumstances giving rise to the grievance, the employee shall present the grievance with ▇▇▇▇▇▇▇ requested to the Department Manager. The Department Manager shall sign for receipt of the grievance and if the nature of the grievance is such that the Department Manager is authorized to deal with it, said person shall issue a decision in writing to the employee and to the Union within twenty-one (21) calendar days. The Department Manager may hold a hearing to discuss the grievance with the employee and his Representative before giving a decision on the grievance. If the nature of the grievance is such that a decision cannot be given by the Department Manager, the Department Manager shall forward the grievance to the appropriate authority and so inform the employee and the Union. The time limits and the procedures of Step 1 shall then apply. (Ca) Each If the grievance is not resolved satisfactorily at Step, 1, the employee shall be furnished a copy submit the grievance to the General Manager or designate within twenty-one (2 1) calendar days of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretothe receipt of the decision at Step 1. (Db) An employee may request that The General Manager or designate shall sign for receipt of the grievance and issue a PBA Staff Representative be present during any disciplinary investigation meeting decision in which writing to the employee is being questioned relative to alleged misconduct and the Union within twenty-one (2 1) calendar days of receipt of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being consideredgrievance. (Ec) Letters of counseling The General Manager or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation designate may be used by hold a hearing to discuss the parties at an administrative hearing involving an employee’s discipline to demonstrate grievance with the employee was and his Representative before giving a decision on notice of the performance deficiencies or conduct concernsgrievance. (Fa) If filed the grievance is not resolved satisfactorily at Step 2, the employee shall submit the grievance to the appropriate Division Vice-President or designate within 21 twenty-one (21) calendar days following the date of receipt of notice from the DHSMV, by personal delivery decision at Step 2. (b) The Division Vice-President or by certified mail, return designate shall sign for receipt requested, an employee with permanent status of the grievance and issue a decision in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal writing to the Public Employees Relations Commission under employee and the provisions Union within twenty-one (2 1) calendar days of section 110.227(5receipt of the grievance. (c) The Division Vice-President or designate may hold a hearing to discuss the grievance with the employee and his Representative before giving a decision on the grievance. (6), F.S. In d) If the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review grievance is not resolved satisfactorily at Step 3, the grievance may be referred by the Union to Arbitration in accordance with Article 14. Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a Policy Grievance. Where such a grievance is initiated by the Union it shall be presented at Step 3. Where such a grievance is initiated by the Employer it shall be presented to the President of the MGEU. In all cases the grievance procedure in Article 6 shall be presented within twenty-eight (28) calendar days from the date of this Agreement. The DHSMV may have special compensatory leave equal the action giving rise to the length of grievance. Where the parties fail to resolve a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee grievance under 13:10(a), either party 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 refer 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 2to Arbitration.

Disciplinary Action. (AA. Whenever an employee is required to appear before an administrator or supervisor to respond to allegations which may result in disciplinary action or when discipline action is being considered, the employees has the right to be accompanied by an Association representative to advise or represent them during meeting(s). B. Role of a representative is to serve as a support base for the employee. The representative shall be allowed to speak, seek clarity of the issue(s), and be allowed to caucus with the employee during an investigatory interview, during a predetermination meeting, but the representative may not impede the investigation in any way. Employees shall be treated in a manner appropriate for the professional relationship. An employee's confidential work performance and/or evaluation will not be discussed in the presence of students, parents, co- workers, or members of the public. C. Employees may request to be accompanied by a union representative to advise them during a meeting with their principal or supervisor on related matters. Such request shall not be unreasonably denied. If the reason(s) An given relate to possible disciplinary action or work performance, the employee who has attained permanent status in his current position may be disciplined only for causeaccompanied by a representative of his/her choice. The conference will be scheduled within 48 hours and at a time that is convenient to the parties, not to include weekends or holidays. No employee will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage based on a decision, which is unsupported in fact. These include the employee’s right to be apprised of allegations or charges, and progressive discipline appropriate to the specific action or incident. (BD. Procedural due process standards shall be present throughout the progressive disciplinary process. 1. If action is taken to discipline and/or reprimand in writing, transfer or suspend the employee, the employee shall be notified and upon request have the right to notification in writing with the reason(s) An employee who has not attained permanent status in his current position therefore and shall not have access to the right of appeal of the grievance procedure in Article 6 when disciplinedafter the action is taken. (C) Each 2. An administrator may place an employee on immediate administrative leave with pay to ensure the physical and emotional safety of students, co-workers, and/or the employee and to maintain order in the workplace. In the event an employee is suspended with pay pending an investigation, the District shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted conduct an administrative meeting prior to respond thereto. (D) An employee may request that a PBA Staff Representative be present during implementing any disciplinary investigation action and will provide written allegations/charges against the employee. The written notice will also provide the date and time for the redetermination meeting in which the employee is being questioned relative to alleged misconduct of with 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 held as soon as practicable but no later than ten (10) workdays after the investigation 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 deductedcompleted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. 10.01 No employee will be reprimanded, disciplined, suspended or discharged without just cause. Furthermore, disciplinary actions shall be appropriate to their cause and to the principals or progressive discipline. Progressive discipline for other than serious violations of plant rules, will typically be used. The intent of discipline and corrective action, is not to punish but rather to change unacceptable behaviour. Depending on the seriousness and frequency of the infractions committed, and taking into account the circumstances, the following disciplinary measures can be taken: • Counselling • Verbal reprimand • Written reprimand • One (A1) day suspension • Three (3) day suspension • Five (5) day suspension • Discharge A record of discipline shall remain on an employee’s record for a period as follows from the date of the offence, provided they do not have another offence in the time periods outlined below: Type Duration on Record Counsel 3 months Verbal 6 months Written 9 Months Suspension 12 months At the end of the duration outlined above, the disciplinary infraction will be removed from the record and not be used against the employee in any fashion, provided they do not have another infraction during the duration on record. Leaves of absence will not be included in the duration on record period noted above. 10.02 When the Company is considering disciplinary action against an employee, the following procedures will be followed; (a) Every allegation of misconduct against an employee will be the subject of a proper investigation by the Company in co-operation with the Union. (b) The Company will provide advance notice to the employee and his/her Union Representative of the scheduling of a disciplinary hearing or investigation meeting. The Company will establish the date and time for the meeting and will also inform the employee and the Union, in writing, of the allegation being made against the employee. Employee will be put on notice of allegation being made against the employee in the presence of the Union Representative and will take place off the floor unless the aggressive behaviour of employee requires immediate attention. (c) An employee who has attained permanent status will be accompanied by a Union Representative when called to a meeting or when interviewed in his current position may the course of any disciplinary investigation or proceeding and the meeting will not begin until a Union Representative is present. The Company will provide the employee with a reasonable period of time to talk to their Union Representative before the meeting. Furthermore, a Union Representative must be disciplined only for causepresent in any discussions between management and members of the bargaining unit that might lead to disciplinary action. (Bd) An Any notice of discipline, suspension or discharge issued by the Company to an employee who has not attained permanent status will be in his current position shall not have access writing and will include detailed reasons for the Company’s decision. A copy of the notice will also be given to the grievance procedure in Article 6 when disciplinedUnion Representative. (Ce) Each The Company will issue discipline within five (5) working days from the date the alleged infraction became known or ought to have become known to the Company. The parties may agree, in writing, to extend the time limit. 10.03 When an employee is suspended pending investigation the disciplinary hearing will be held within three (3) working days. The parties may agree, in writing, to extend the time limit. 10.04 In imposing discipline on a current infraction, management will not take into account any prior infractions which occurred more than twelve (12) months previously. Attendance and general work rules shall be furnished a copy treated as separate for the purpose of all disciplinary actions placed in his official personnel file and shall be permitted to respond theretoprogressive discipline. (D) An employee may request 10.05 Failure to grieve previous discipline or to pursue a grievance to arbitration will not be considered an admission that a PBA Staff Representative be present during the discipline was justified. 10.06 The timelines and procedures established in this Article are regarded as mandatory and failure by the Company to comply with any disciplinary investigation meeting in which of these provisions without the employee is being questioned relative to alleged misconduct mutual consent of the employee, or during a predetermination conference in which suspension or dismissal of Union shall render the employee is being considereddiscipline null and void. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An The Employer agrees to act in good faith in imposing disciplinary action upon any regular employee who has attained permanent status in his current position may and such disciplinary action shall be disciplined made only for just cause. (B) An . The parties recognize that coaching and/or counseling by itself is not discipline, nor should it be considered as such. Coaching and/or counseling should be made evident to the employee who has not attained permanent status in his current position at the time it is given, if it is intended to be given as such. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not have access to apply where the grievance procedure Employer determines that the nature of the offense requires more serious discipline in Article 6 when disciplined. (C) Each the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis by management in consultation with the Executive Director. No regular employee shall be furnished a terminated except for just cause. The parties recognize that, generally, just cause requires progressive discipline. Progressive discipline may include: • oral admonishments (documented); • written reprimands; • suspension without pay; or • termination. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. At the employee’s request, documented oral admonishments and written reprimands will be removed from the employee’s personnel file after five (5) years, provided there are no disciplinary actions during that five (5) year period. A copy of all disciplinary actions notices shall be provided to the employee before such material is placed in his official their personnel file and file. Employees receiving disciplinary action shall be permitted entitled to respond thereto. utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident which gave rise to the grievance. The Employer will notify the Union in writing within three (D3) An working days after any notice of termination. The failure to provide such notice shall not affect such termination but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request that the presence of a PBA Staff Representative be present during bargaining unit witness. (▇▇▇▇▇▇▇▇▇▇ rights) Employees shall also have a right to a notice and a pre-determination meeting prior to any disciplinary investigation meeting suspension, demotion or termination. The Employer must provide a notice and statement in which writing to the employee is being questioned relative identifying the performance violations or misconduct alleged, findings of fact and the reasons for the proposed action. The employee shall be given an opportunity to alleged misconduct of respond to the charges in writing or in a meeting with the Employer, and shall not be denied Union representation during that meeting, if requested. (▇▇▇▇▇▇▇▇▇▇ rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An Section 1. The members of the Commission or the Executive Director shall have the right to discipline or discharge an employee. No employee who has attained permanent status in his current position may be disciplined only or discharged except for just cause. . The Commission shall have the right to issue a verbal warning, written reprimand, or suspend an employee up to three (B3) An days without a hearing, but the employee who has not attained permanent status in his current position shall not have access the right to the grievance procedure in Article 6 when disciplined. (C) Each request a hearing. No employee shall be furnished subject to more substantial discipline or discharge until after a copy hearing and determination of all disciplinary actions placed the facts. In the event of an alleged serious offense, where the Commission determines that discharge is in his official personnel file and order, the employee may be discharged prior to the hearing. However, in the event of discharge, the hearing shall be permitted to respond theretoheld within three (3) working days. (D) An Section 2. The employee may request that and the Union will be served with a PBA Staff Representative notice of hearing which shall include the specific charge and details and the name of the plaintiff together with the date of the hearing. Such notification shall be present during any disciplinary investigation meeting in which the employee is being questioned relative by certified mail addressed to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal the Union Chapter President, and the Union Business Agent. The hearing shall be scheduled no sooner than five (5) working days after receipt of the employee is being considered. certified letter, but in no case later than ten (E10) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline working days after such receipt, unless the parties agree otherwise. These hearings will be held at the Bridge Commission office and are not grievable; however, such documentation may all Bridge Commission employees in attendance shall be used paid by the parties Bridge Commission. The hearings shall be conducted by the Executive Director who shall listen to the testimony and render a decision verbally at an administrative hearing involving an employee’s discipline the close of the hearing. Such decision will be confirmed in writing to demonstrate the employee was on notice and the Union within three (3) days of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following close of 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 decisionhearing. If the employee disputes the decision of the Executive Director, the employee may grieve the matter beginning at Step (2) of the Grievance Procedure. Thereafter, if not resolved, the matter Section 3. Depending upon the magnitude of the offense, the following disciplinary actions may be imposed: a verbal warning, or a written warning, or a one-day suspension, or a three-day suspension, or a one-week suspension, or a two-week suspension, or a dismissal, unless the parties agree to a lesser penalty than dismissal. Suspension shall mean days off with no salary, provided, however, that a suspended employee shall work the days suspended without pay and be compensated for such days by using any accrued vacation time unless the employer directs the employee not to work. In the event the suspended employee does not have sufficient special compensatory any accrued vacation time available, then in such event the suspended employee may be compensated by using any approved sick leave. If the suspended employee does not have either accrued vacation or sick leave, annual leave may be deducted. If there or refuses to work the suspended day or days, then in such event the employer shall have the right to replace the suspended employee with a substitute who is not sufficient special compensatory or annual leaveavailable and willing to work at straight time, 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 regard 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 2seniority of such employees.

Disciplinary Action. (A) An SECTION 1 When it is necessary to issue a written notification of disciplinary action to an employee, the employee who has attained permanent status in will have the right to request the presence of his current position may ▇▇▇▇▇▇▇. In the event his ▇▇▇▇▇▇▇ is not available, he can request the presence of either the Chief ▇▇▇▇▇▇▇ or Shop Chairman. A copy of the disciplinary warning will be disciplined only for causeprovided to the employee and the Union on the written consent of the employee concerned. Following the Company informing the employee of his suspension or discharge, the Company will notify the Department ▇▇▇▇▇▇▇ of the decision. In the event the Department ▇▇▇▇▇▇▇ is not available, the Chief ▇▇▇▇▇▇▇ or Shop Chairman will be notified. SECTION 2 If an employee is suspended or discharged and he or the Union considers that the suspension or discharge is without just cause, the case shall be reviewed by the Company and the Union representatives as in the Second Step of the Grievance Procedure, provided the employee or the Union so requests in writing within five (B5) An employee who has not attained permanent status in his current position shall not have access to days after the grievance procedure in Article 6 when disciplined. (C) Each suspension or discharge. If the Company and the Union agree that the suspension or discharge was without just cause, the employee shall be furnished reinstated without loss of pay, seniority, or Company Service Credit. The joint decision of the Company and the Union shall be given in such cases within fifteen (15) days from the date of suspension or discharge. If they are not able to agree, the case shall be submitted to a copy Board of Arbitration as provided in Article 14 hereof if requested in writing by either party, but if not so requested within fifteen (15) days, it shall thereupon be considered settled. Should it be determined by the Board of Arbitration that the suspension was without just cause, the Company shall reinstate the employee without loss of seniority and Company Service Credit and pay him for the time lost at his regular rate of wages. Should it be determined by the Board of Arbitration that the discharge was without just cause, the Company shall reinstate the employee without loss of seniority or Company Service Credit and with or without loss of all disciplinary actions placed in or part of his official personnel file and pay at his regular rate of wages as may be directed by the Board. The suspended or discharged employee 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 interview his ▇▇▇▇▇▇▇ at the employee is being questioned relative to alleged misconduct place designated by the Company before leaving the premises of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being consideredCompany if he so requests. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

Disciplinary Action. (A) An employee who has attained permanent status in his current position may 14.1 Permanent bargaining unit members shall be disciplined subject to disciplinary action only for cause. (B) An employee who has not attained permanent status in his current position causes prescribed by the district Board. The District Board’s determination of the sufficiency of such causes for disciplinary action and the degree of discipline, if any, to be applied, shall be conclusive and 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 contained in Article 6 if XII of this Agreement. Disciplinary action as applied herein shall be limited to dismissal, suspension without pay, and demotion (involuntary placement in a lower classification). Other District personnel actions involving unit members shall not be covered by this article. 14.2 No permanent unit member shall be subject to disciplinary action until written charges are filed and the employee Board has attained permanent status acted as herein provided except where the Superintendent or their designee determines that immediate suspension without pay is appropriate because of the seriousness of the charges or potential harm to the health, welfare or safety of persons or property. 14.3 A notice of disciplinary action shall contain a statement in his current position; the ordinary and concise language of the specific acts or omissions upon which the disciplinary action is based, a statement of the cause for the action taken, and the penalty proposed. The notice of disciplinary action shall be in writing and served in person or by registered mail upon the unit member at the unit member’s last known address. A copy of the notice shall be sent to the Association. 14.4 A notice of disciplinary action shall also contain a statement advising unit members of their right to a hearing on such charges, and be accompanied by a District form for unit members to sign and file with the District Human Resources Office demanding a hearing. Failure of the unit member to submit a demand for a hearing before the Board within the time period prescribed by the District in the notice of disciplinary action shall constitute a waiver of such hearing. In such event, the recommendation of the District in the notice shall be acted upon by the Board and the decision is final of the Board shall be final. 14.5 Upon receipt by the District of a timely filed demand for a hearing, the District shall schedule a hearing which shall not be less than five (5) days after the receipt of the demand. 14.6 At the hearing, the unit member and binding at Step 2the school administration shall be afforded equal opportunity to present and examine evidence. At the close of the hearing, the District Board shall render its decision on the charges, which shall be final.

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) 24:01 Each employee shall observe standards of behaviour consistent with the employee’s function as an employee of the Department and in compliance with the terms of this Agreement. 24:02 An employee shall only be furnished disciplined for “just cause”. 24:03 Where the Employer schedules an investigatory meeting regarding an employee’s conduct, the Employer shall advise the employee that his or her conduct is the subject of the investigation. The employee will be provided with reasonable notice of the meeting and advised of his or her right to have a Union representative attend the meeting. It is the employee’s responsibility to arrange attendance by a representative of the Union. 24:04 Where a meeting is scheduled by the Employer to impose disciplinary action, the employee shall be advised that the meeting is a disciplinary meeting and shall be provided with reasonable notice of the meeting. The employee shall be advised that he/she has the right to have a Union representative at the meeting. It is the employee’s responsibility to arrange attendance by a representative of the Union. 24:05 Where the Employer issues disciplinary action in writing, the Employer shall normally meet with the employee to communicate the areas of concern and the remedial action expected. Where the written disciplinary action is provided to the employee in a meeting, the employee shall sign a copy of all the document only to confirm receipt of the disciplinary action. All disciplinary actions placed which are confirmed in his official personnel file and writing shall be permitted placed on the employee’s file. A copy of the disciplinary action shall also be provided to respond theretothe employee, and to the Union Staff Representative at the employee’s request. (D) 24:06 An employee may request that a PBA Staff Representative be present during any grieve 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, action in accordance with the grievance procedure procedures. 24:07 No notice or pay in Article 6 lieu thereof is required where an employee is dismissed in accordance with this Article. 24:08 Where an employee is subject to an investigation that may bring discredit to or negatively impact the reputation of this Agreementthe Employer, such that it would be inappropriate to keep them in the workplace while under investigation, then the Employer may place such an employee “on hold”. The DHSMV may have special compensatory leave equal While “on hold”, an individual will not be assigned any additional shifts and any previously scheduled shifts will be cancelled. 24:09 Where the complaint that led to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving investigation is unsubstantiated, the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference who was placed “on hold” shall be taken into consideration reimbursed for the time they would have regularly worked, while “on hold”. 24:10 All employees under investigation by the DHSMV Employer shall be treated in making its decisiona fair and respectful manner throughout the process. If Investigations shall be timely and the employee does not have sufficient special compensatory leave, annual leave may under investigation shall be deducted. If there is not sufficient special compensatory or annual leave, the remainder apprised 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 status of the investigation on a disciplinary suspension regardless of whether the employee serves the suspension or has leave deductedregular basis. (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.