Common use of DISCIPLINE AND DISCHARGE PROCEDURE Clause in Contracts

DISCIPLINE AND DISCHARGE PROCEDURE. A. The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied by the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedure, but an employee may submit a rebuttal to such warnings and reprimands. The rebuttal shall be submitted within five (5) days and will be included in the employee’s personnel folder. D. Employees who are charged under this section may be suspended without pay for no more than 3 days by the Superintendent of Schools or the Assistant Superintendent, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the employee, the District, or other employees, the employee may be suspended without pay pending the resolution of the matter not to exceed ninety (90) days. Employees whose continued presence represents a serious disruption to the District’s operations may also be suspended without pay not to exceed ninety

DISCIPLINE AND DISCHARGE PROCEDURE. A. 15.01 An employee who has been disciplined or suspended pending discharge and who feels unjustly dealt with may appeal in writing through the Union in the following manner: 15.02 The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause.following time limits shall apply at all steps specified in Article 15: B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied by the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the 15.03 A meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedure, but an employee may submit a rebuttal to such warnings and reprimands. The rebuttal shall be submitted held within five (5) days of receipt of notice of appeal. 15.04 All decisions shall be rendered within five (5) days of any meeting and shall be communicated in writing to the parties concerned. 15.05 Appeals must be lodged in writing within ten (10) days of receipt of any decision. 15.06 In the event a Company grievance decision at Level 1 is not rendered within the relevant time limits the grievance will be progressed to Level 2. 15.07 Upon request, the Company and the Union shall exchange copies of all documents relevant to the conduct of a grievance. Notwithstanding the above, should any additional documentary evidence become available during the grievance procedure or before arbitration, the Company and the Union agree to provide such documentation to each other in a timely manner. 15.08 All time limits shall be exclusive of Saturdays, Sundays and General Holidays and may be extended by mutual agreement in writing, such agreement not to be unreasonably withheld. 15.09 Where the procedures outlined in Article 15 above have been exhausted, 15.10 When the Company meets with a Flight Attendant in order to inform him of disciplinary action to be taken, he may be accompanied by a Union representative, if one is available upon reasonable notice. 15.11 When disciplinary action is contemplated, the Flight Attendant will be informed prior to action being taken, unless reasonable efforts to contact him are not successful. 15.12 Any grievance which is not commenced or processed through the next stage of the grievance or arbitration procedure within the time specified shall be deemed to be abandoned Article 16 Arbitration 16.01 Any dispute not settled in accordance with Article 14 or 15 may be submitted to an Arbitrator who will be selected jointly by the parties. The party electing arbitration will serve notice of intent to arbitrate within thirty (30) days of receipt of the Company’s decision and will submit the name of one (1) or more Arbitrators to the other party. If the parties are unable to agree on the choice of an Arbitrator within thirty (30) calendar days after notice of intent has been received, the Minister of Labour will be included in requested to name the employee’s personnel folderArbitrator. D. Employees who are charged 16.02 The Arbitrator shall have jurisdiction to consider any matter properly submitted to him/her under the terms of this section agreement (including whether a matter is arbitrable or not), but shall not have the jurisdiction to alter, modify, add to, subtract from, amend or make any decision inconsistent with its terms. 16.03 The Arbitrator shall establish his/her own procedure consistent with the requirements of natural justice. 16.04 In the case of disciplinary or discharge appeals, the Arbitrator shall have the authority to determine whether the disciplinary or discharge action was for just cause, and it may uphold the Company’s decision, exonerate and reinstate the grievor without loss of pay and benefits, or render such other intermediate decision as it considers just and equitable. 16.05 The Arbitrator shall make every effort to render a decision with the minimum delay, but in no case more than thirty (30) calendar days from the date of final hearing. 16.06 The decision of the Arbitrator shall be final and binding on both the Union and the Company. 16.07 Upon request, the Company shall provide the Union, and the Union in turn shall provide the Company with copies of all documents relative to the case. 16.08 Each party shall bear the expenses of its participants and witnesses and for the preparation and presentation of its own case. The expenses and reasonable compensation of the Arbitrator will be borne equally by the parties. 16.09 All time limits shall be exclusive of Saturdays, Sundays and General Holidays and may be suspended without pay for no more than 3 days extended by the Superintendent of Schools or the Assistant Superintendentmutual agreement in writing, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the employee, the District, or other employees, the employee may be suspended without pay pending the resolution of the matter such agreement not to exceed ninety (90) days. Employees whose continued presence represents a serious disruption to the District’s operations may also be suspended without pay not to exceed ninetyunreasonably withheld.

DISCIPLINE AND DISCHARGE PROCEDURE. A. 8.1 The District following procedures shall be the exclusive procedure utilized for disciplinary and discharge matters for all permanent employees covered by this Agreement and who have satisfactorily completed the CSEA agree that progressive initial probationary period with the Library as provided by local Civil Service Rules and Regulations. It is also the intent of this Article to provide for a swift and judicious alternative for handling discipline can be beneficial to the interest and discharge matters in lieu of Section 75 and 76 of the DistrictNew York State Civil Service Law. A. In the event the Library issues a non-disciplinary counseling memo, the CSEA, it shall be reduced to writing and acknowledged by the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary Disciplinary action shall have include, but is not limited to, suspension, demotion, discharge, fines, or any combination thereof or other such penalties as may be deemed appropriate by the right Employer. An employee shall be entitled to be accompanied representation by the CSEA at each step of the discipline and discharge procedure. An employee shall be entitled upon request to have a CSEA Representative present if, as a result of an investigation, an employee is asked by the Employer to sign a statement for purposes of attesting to or admitting incompetence or misconduct. C. Service of the notice of discipline shall be made by personal service to the employee with the Unit President or his/her designee receiving a copy, if present at any meeting the time. If service cannot be effectuated by personal service, it shall be made by registered or certified mail, return receipt requested to the employee with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided copy sent to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor Unit President or administrator at the beginning of the meeting. C. Any employee who has successfully completed his/her probationary period may use designee. D. The notice of discipline shall contain a detailed description of the grievance specific acts and arbitration procedure conduct for contesting which discipline or discharge. Discipline is being sought including references to date, times and places and shall mean a fine, unpaid suspension, or a combinationstate any proposed penalty being sought. The notice of discipline shall also state that the employee has the right to appeal the disciplinary action by filing a written grievance and arbitration procedure contained in this Agreement procedure shall be through the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedure, but an employee may submit a rebuttal to such warnings and reprimands. The rebuttal shall be submitted Union within five (5) days and workdays after receipt of notice of discipline if he/she disagrees with it. E. Employees will be included presumed innocent until proven guilty and the burden of proof shall be the Employer's. Employees shall be given the opportunity to resolve the proposed discipline by settlement and to be represented by a Civil Service Employees Association representative, and waive their rights to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing, which shall be the form set forth in the employee’s personnel folder. D. Employees who are charged under this section may Appendix A and shall be suspended without pay for no more than 3 days by the Superintendent of Schools or the Assistant Superintendent, Human Resources, final and binding upon all parties subject to the approval of the Director with a copy of same to the President of the Civil Service Employees Association, Liverpool Public Library Unit (with the exception of oral reprimands). F. In instances when disciplinary action is to be preferred against a bargaining unit employee, the employee shall not be suspended from employment prior to the completion of the second step of the grievance procedure. Exception: If procedure contained in Article 7 of the employee’s continued presence at work represents current Agreement unless, in the opinion of the supervisor and the Director or their authorized designee, the employee presents a potential danger to the health and/or safety of one's self or another or disrupts the operation of the department where the employee is situated. G. Disciplinary action against an employee, which shall be issued in accordance with the Districtform attached hereto as Appendix A, may be appealed by filing a written grievance through the Union within five (5) work days after the receipt of such notification by the employee if he/she disagrees with the disciplinary action taken. Said grievance shall be processed by the Union as a Step Two grievance and, if necessary, through the arbitration step (except oral reprimands). H. In instances where an employee is suspended or terminated from employment prior to the completion of the second step of the grievance procedure contained in Article 7, a Step Two Grievance meeting shall be convened by the Employer within five (5) working days after receipt of a Step Two grievance as provided above. The Board shall render a decision in writing to resolve the matter within seven (7) calendar days after conclusion of the Step Two meeting. Failure to file an appeal within the timeframe hereinabove specified will constitute acceptance of the penalty, as proposed by the Employer, by the employee and settle the matter in its entirety. I. In instances where an employee has been suspended in excess of twenty (20) working days or discharged as a result of a Step Two decision, the Union may, on behalf of the suspended/discharged employee, proceed to arbitration as set forth in Step 3 of the grievance procedure. J. The disciplinary arbitrator shall not have jurisdiction or authority to add to, modify, detract from or alter in any way the provisions of this Agreement, or other employeesany amendments or supplement thereto or to add new provisions to this Agreement or any amendment or supplement thereto. K. The arbitrator shall have the power to rule on all evidentiary issues. L. Rather, the disciplinary arbitrator shall be limited to determining guilt or innocence and the appropriateness of the proposed penalty. M. If, in any case where an employee has been suspended or discharged pending the outcome of an arbitration proceeding, an arbitrator finds that such suspension or discharge was unwarranted or that the penalty was too severe then, as may be determined by the arbitrator, the employee shall be reinstated and compensated for all time lost, and all other rights and conditions of employment less the amount of compensation which he/she may be suspended without pay pending have received on other employment or in the resolution form of any type of State or Federal benefits since his/her suspension or discharge from Public Service. N. The decision of the matter Arbitrator shall be final and binding upon all parties. 8.2 The Employer shall not to exceed ninety (90) days. Employees whose continued presence represents a serious disruption to lock out the District’s operations may also be suspended without pay not to exceed ninetyemployees covered by this Agreement during the term of this Agreement.

DISCIPLINE AND DISCHARGE PROCEDURE. A. The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied 29.1 A member covered by the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee this Agreement who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedurefollowing procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but an employee is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of Personnel. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a rebuttal grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to such warnings submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and reprimandsthe Association and the matter will be settled in its entirety. The rebuttal Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood that the District shall be submitted within five permitted to impose the disciplinary penalty prior to expiration of the ten (510) days and will be included in working day period for submittal of a grievance challenging the employee’s personnel folderdisciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. D. Employees who are charged under this section 29.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be suspended without pay for no construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. 29.6 No disciplinary action shall be commenced by the District more than 3 days by eighteen (18) months after the Superintendent of Schools or the Assistant Superintendent, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the employee, the District, or other employees, the employee may be suspended without pay pending the resolution occurrence of the matter not to exceed ninety (90alleged act(s) days. Employees whose continued presence represents a serious disruption to the District’s operations may also be suspended without pay not to exceed ninetyfor which discipline is being considered provided,

DISCIPLINE AND DISCHARGE PROCEDURE. A. The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied 29.1 A member covered by the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee this Agreement who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedurefollowing procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but an employee is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of Personnel. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a rebuttal grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to such warnings submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and reprimandsthe Association and the matter will be settled in its entirety. The rebuttal Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood that the District shall be submitted within five permitted to impose the disciplinary penalty prior to expiration of the ten (510) days and will be included in working day period for submittal of a grievance challenging the employee’s personnel folderdisciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. D. Employees who are charged under this section 29.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be suspended without pay for no construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. 29.6 No disciplinary action shall be commenced by the District more than 3 days by eighteen (18) months after the Superintendent of Schools or the Assistant Superintendent, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the employee, the District, or other employees, the employee may be suspended without pay pending the resolution occurrence of the matter alleged act(s) for which discipline is being considered provided, however, that such time limitation shall not to exceed ninety (90apply where the act(s) days. Employees whose continued presence represents would, if proved in a serious disruption to the District’s operations may also be suspended without pay not to exceed ninetycourt of competent jurisdiction, constitute a crime.

DISCIPLINE AND DISCHARGE PROCEDURE. A. The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied 28.1 A member covered by the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee this Agreement who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the grievance procedurefollowing procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 28.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but an employee is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Chief Human Resources Officer. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 28.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a rebuttal grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to such warnings submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and reprimandsthe Association and the matter will be settled in its entirety. The rebuttal Subject to a mutual written agreement between the Association and the Chief Human Resources Officer, the time limit hereinabove specified may be extended. 28.4 It is expressly understood that the District shall be submitted within five permitted to impose the disciplinary penalty prior to expiration of the ten (510) days and will be included in working day period for submittal of a grievance challenging the employee’s personnel folderdisciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. D. Employees who are charged under this section may 28.5 A member shall have the right to be suspended without pay for no represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any 28.6 No disciplinary action shall be commenced by the District more than 3 days by eighteen (18) months after the Superintendent of Schools or the Assistant Superintendent, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the employee, the District, or other employees, the employee may be suspended without pay pending the resolution occurrence of the matter alleged act(s) for which discipline is being considered provided, however, that such time limitation shall not to exceed ninety (90apply where the act(s) days. Employees whose continued presence represents would, if proved in a serious disruption to the District’s operations may also be suspended without pay not to exceed ninetycourt of competent jurisdiction, constitute a crime.